2021 Oregon Revised Statutes
Chapter 083 - Retail Installment Contracts
Section 83.730 - Written agreement or offer to purchase; contents; notice of buyer’s right to cancel; form.


(a) The seller must furnish the buyer with a fully completed copy of the written agreement or offer to purchase.
(b) The written agreement or offer to purchase must:
(A) Designate as the date of the transaction the date on which the buyer actually signs;
(B) Contain the name of the seller and address of the seller’s place of business;
(C) Be in the same language as the language that is principally used in the sales presentation; and
(D) Contain, in immediate proximity to a space reserved for the signature of the buyer, in at least 10-point boldfaced type, a statement in substantially the following form:
______________________________________________________________________________
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of buyer’s right to cancel for an explanation of the right to cancel.
______________________________________________________________________________
(c) The seller must provide the buyer, by a method chosen by the seller, with a duplicate copy of the notice of the buyer’s right to cancel described in subsection (2) of this section so that, if the buyer cancels the transaction, the buyer can retain a complete copy of the written agreement or offer to purchase. If both copies of the notice are not attached to the written agreement or offer to purchase, the seller shall change the last sentence in the statement required under paragraph (b)(D) of this subsection to conform to the actual location of the copies of the notice. Both copies of the notice must contain:
(A) The name of the seller;
(B) The address of the seller’s place of business;
(C) The date of the transaction; and
(D) The date, not earlier than the third business day following the date of the transaction, by which the buyer may give notice of cancellation.
(d) The seller must orally inform the buyer of the buyer’s right to cancel.
(2) The notice of the buyer’s right to cancel must be in conspicuous type, 10-point or larger, and must read as follows:
______________________________________________________________________________
NOTICE OF BUYER’S RIGHT TO CANCEL
(1) (Date) You, the buyer, may cancel this agreement without any penalty, cancellation fee or other financial obligation by mailing or delivering a notice to the seller within THREE BUSINESS DAYS from the above date.
(2) If you cancel:
(a) Any property you traded in, any payments you made under the sales contract and any checks or notes you signed will be returned within 10 business days following receipt by the seller of your notice of cancellation. Any security interest that arises from the transaction will be canceled.
(b) You may either make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under the sales contract or you may comply with the seller’s instructions regarding the return shipment of the goods at the seller’s expense and risk.
(c) If you make the goods available to the seller at your residence and the seller does not pick up the goods within 20 days of the date of your notice of cancellation, you may keep or discard the goods without further obligation.
(d) If you do not make the goods available to the seller, or if you agree to return the goods to the seller and you do not return the goods, you must perform all of your obligations under the sales contract.
(3) To cancel this transaction, mail or deliver a signed and dated copy of this notice or other written expression of your intention to cancel, or send a telegram, to (name of seller) at (address of seller’s place of business) not later than 12 midnight on (date), the third business day after you signed the written agreement or offer to purchase.
I HEREBY CANCEL THIS TRANSACTION.
__________________ _____
______________________________________________________________________________
(3) In a home solicitation sale subject to federal rules under 16 C.F.R. part 429, the seller may provide the notice required by the federal rules in lieu of the notice required under subsection (2) of this section if the notice required under federal rules contains the information specified in subsection (1)(c) of this section.
(4) Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of an intention to cancel. [1971 c.744 §21(3); 1977 c.170 §2; 2005 c.223 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 02 - Business Organizations, Commercial Code

Chapter 083 - Retail Installment Contracts

Section 83.010 - Definitions for ORS 83.010 to 83.190.

Section 83.020 - Retail installment contract requirements; exceptions.

Section 83.030 - Contents of contract.

Section 83.050 - Contracts completed by mail and based on catalog of seller.

Section 83.080 - Informing buyer of service charge and right to prepay; monthly statement.

Section 83.095 - Service charge computed by actuarial method.

Section 83.100 - Extra charges; miscellaneous provisions of contract.

Section 83.110 - Insurance.

Section 83.130 - Voluntary prepayment by buyer; refund.

Section 83.140 - Consolidation of purchases with prior contract.

Section 83.150 - Unenforceable contract provisions.

Section 83.510 - Definitions for ORS 83.510 to 83.680.

Section 83.520 - Form and contents of retail installment contract.

Section 83.530 - Filling blanks.

Section 83.565 - Finance charge computed by actuarial method; requirements; notice.

Section 83.580 - Insurance.

Section 83.620 - Voluntary prepayment by buyer; refund.

Section 83.650 - Effect of negotiation of notes on rights against motor vehicle dealer.

Section 83.670 - Unenforceable contract provisions.

Section 83.710 - Definitions for ORS 83.710 to 83.750; application of ORS 83.710 to 83.750.

Section 83.715 - Telephone solicitation sale; contract; contents.

Section 83.720 - Cancellation of home solicitation sale; notice; exception.

Section 83.730 - Written agreement or offer to purchase; contents; notice of buyer’s right to cancel; form.

Section 83.740 - Duties of seller upon cancellation of sale or revocation of offer to purchase.

Section 83.750 - Rights and duties of buyer upon cancellation of sale or revocation of offer to purchase.

Section 83.811 - Exemption from certain disclosure requirements for motor vehicle dealer or retail seller.

Section 83.813 - Exemption from certain disclosure requirements for assignee of retail installment contract.

Section 83.820 - Consumer paper; negotiability; exception; rights and liabilities of assignees.

Section 83.850 - Definitions for ORS 83.850 and 83.860.

Section 83.860 - Applicability of claims and defenses of borrower or lessee when loan made or lease funded in close connection with sale or retail lease.

Section 83.875 - Definitions for ORS 83.875, 83.880, 83.890 and 83.895.

Section 83.880 - Sale of motor vehicles, goods or services as time sale rather than loan.

Section 83.890 - Notice required in contract when seller intends to transfer contract.

Section 83.990 - Penalties.