- (1) Definition. For the purposes of this rule, “new vehicle” has the definition given to it in 15 U.S.C. Section 2821(8).
- (2) Receipts from the sale or transfer of a motor vehicle between motor vehicle dealers are excluded from commercial activity, provided that the transfer occurs for the purpose of resale and is based on the transferee’s need to meet a specific customer’s preference or the transfer is of a new vehicle between franchised dealerships.
- (3) Motor vehicle dealers excluding receipts from the sale or transfer of a motor vehicle between dealers for resale to meet a specific customer’s preference must retain a resale certificate documenting the excluded transaction provided under ORS 317A.100(1)(b)(W). A resale certificate is not required for transfers of new vehicles between franchised dealerships.
(4) Any document provided before or at the time the seller bills the purchaser may serve as a resale certificate if it contains the following information:
- (a) The seller’s name, address, federal identification number, and dealer license number from the appropriate licensing jurisdiction;
- (b) The purchaser’s name, address, federal identification number, and dealer license number from the appropriate licensing jurisdiction;
- (c) A description of the vehicle, including the vehicle identification number, serial number, or other identifying number, and the make, model, and year of the vehicle;
- (d) A statement, signed by the purchaser, their employee, or authorized representative, affirming that the vehicle described in the document is purchased or transferred for resale to meet a specific customer’s preference; and
- (e) The date ownership of the vehicle is transferred.
Statutory/Other Authority
ORS 305.100 & 317A.143
Statutes/Other Implemented
ORS 317A.100(1)(b)(W)
History
REV 17-2021, amend filed 12/15/2021, effective 01/01/2022
REV 11-2020, adopt filed 06/24/2020, effective 06/28/2020
REV 2-2020, temporary adopt filed 01/27/2020, effective 02/01/2020 through 07/29/2020