OAR 735-150-0017: Acting as a Vehicle Dealer

This rule describes certain circumstances under which an owner or lessor of real property is considered to be acting as a vehicle dealer without a certificate pursuant to ORS 822.005(1). The rule is not intended to limit DMV’s authority to require a person to obtain a certificate, or to find a person in violation of ORS 822.005 for acting as a vehicle dealer without a valid certificate in any circumstance that violates the terms of ORS 822.005(1), unless the person has an exemption under ORS 822.015. (1) An owner or lessor of real property must hold a valid vehicle dealer certificate pursuant to ORS 822.005(1), if the owner or lessor receives compensation of any type for the display or sale of vehicles on the property, and performs any of the following: (a) Advertises or pays for advertising for any individual vehicle(s) displayed for sale either on-site, electronically or in print media; (b) Answers any questions related to the terms of sale or consignment for any vehicle displayed for sale; (c) Shows to any person any vehicle displayed for sale; (d) Provides or pays for individual “for sale” signs for any vehicle displayed for sale; (e) Cleans, prepares or otherwise physically maintains any vehicle displayed for sale; (f) Provides or offers to provide financing for any vehicle displayed for sale; (g) Prepares or provides any forms necessary for the titling or registration of any vehicle displayed for sale; or (h) Performs any maintenance, body repair or mechanical services related to any vehicle part or component on any vehicle displayed for sale. (2) This rule does not apply to a person who rents or leases property to a vehicle dealer who possesses a current vehicle dealer certificate, to the extent that the real property or any portion thereof is actually used by the dealer.