Oregon Revised Statutes Chapter 90 § 90.680 — Sale of

Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord. (1) As used in this section, “consignment” means an agreement in which a tenant authorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord receives compensation. (2) A landlord may not deny any manufactured dwelling or floating home space tenant the right to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove the dwelling or home from the space solely on the basis of the sale. (3) A landlord may not require, as a condition of a tenant’s occupancy, consignment of the tenant’s manufactured dwelling or floating home. (4)(a) A landlord may sell a tenant’s manufactured dwelling or floating home on consignment only if: (A) The sale involves a dwelling in a facility and the landlord is licensed to sell dwellings under ORS 446.661 to 446.756. The license may be held by a person that differs from the person that owns the facility and is the landlord, if there is common ownership between the two. (B) The landlord and tenant first enter into a written consignment contract that specifies at a minimum: (i) The duration of the contract, which, unless extended in writing, may not exceed 180 days; (ii) The estimated square footage of the dwelling or home, and the make, model, year, vehicle identification number and license plate number, if known; (iii) The price offered for sale of the dwelling or home; (iv) Whether lender financing is permitted and the amount, if any, of the earnest money deposit; (v) Whether the transaction is intended to be closed through a state-licensed escrow; (vi) All liens, taxes and other charges known to be in existence against the dwelling or home that must be removed before the tenant can convey marketable title to a prospective buyer; (vii) The method of marketing the sale of a dwelling or home to the public, such as signs posted at the facility or through advertisements posted on the Internet or published in newspapers or in other publications; (viii) The form and amount of compensation to the landlord, such as a fixed fee, a percentage of the gross sale price or another similar arrangement. If the form of compensation is a fixed fee, the contract shall state the amount; and (ix) For the purpose of determining the net sale proceeds that are payable to the tenant, the manner and order by which the gross sale proceeds will be applied to liens, taxes, actual costs of sale, landlord compensation and other closing costs. (C) Within 10 days after a sale, the landlord pays to the tenant the tenant’s share of the sale proceeds and provides to the tenant a written accounting for the sale proceeds. (b) The landlord may not exact a commission or fee, however designated, or retain a portion of any sale proceeds for the sale of a manufactured dwelling or floating home on a rented space unless the landlord has acted as representative for the seller pursuant to a written consignment contract. (5)(a) The landlord may not deny the tenant the right to place a “for sale” sign on or in a manufactured dwelling or floating home owned by the tenant. The size, placement and character of such signs shall be subject to reasonable rules of the landlord. (b) If the landlord advertises a manufactured dwelling or floating home for sale within the facility, the tenant may advertise the sale of the tenant’s dwelling or home by posting a sign in a similar manner and similar location. (6) A landlord may not knowingly make false statements to a prospective purchaser about the quality of a tenant’s manufactured dwelling or floating home. (7) Nothing in this section prevents a landlord from selling to a prospective purchaser a manufactured dwelling or floating home owned by the landlord at a price or on terms, including space rent, that are more favorable than the price and terms offered for dwellings or homes that are for sale by a tenant. (8) If the prospective purchaser of a manufactured dwelling or floating home desires to leave the dwelling or home on the rented space and become a tenant, the landlord may require in the rental agreement: (a) Except when a termination or abandonment occurs, that a tenant give not more than 10 days’ notice in writing prior to the sale of the dwelling or home on a rented space; (b) That prior to the sale, the prospective purchaser submit to the landlord a complete and accurate written application for occupancy of the dwelling or home as a tenant after the sale is finalized and that a prospective purchaser may not occupy the dwelling or home until after the prospective purchaser is accepted by the landlord as a tenant; (c) That a tenant give notice to any lienholder, prospective purchaser or person licensed to sell dwelling