ORS 90.850: Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A facility owner may present for recordation, in the County Clerk Lien Record of the county in which the facility is located, an affidavit in which the owner certifies that: (a) The owner has complied with the requirements of ORS 90.842, 90.844 and 90.846 with reference to an offer by the owner for the sale or transfer of the facility. (b) The owner has complied with the requirements of ORS 90.842, 90.844 and 90.846 with reference to an offer received by the owner for the purchase or transfer of the facility or to a counteroffer the owner has made or intends to make. (c) The owner has not entered into a contract for the sale or transfer of the facility to an entity formed by or associated with the tenants. (d) ORS 90.842, 90.844 and 90.846 do not apply to a particular sale or transfer of the facility pursuant to ORS 90.848. (2) The following parties have an absolute right to rely on the truth and accuracy of all statements appearing in the affidavit and are not obligated to inquire further as to any matter or fact relating to the owner’s compliance with ORS 90.842, 90.844 and 90.846: (a) A party that acquires an interest in a facility. (b) A title insurance company, or an attorney, that prepares, furnishes or examines evidence of title. (3) The purpose and intention of this section is to preserve the marketability of title to facilities. Accordingly, the provisions of this section must be liberally construed in order that all persons may rely on the record title to facilities. [2014 c.89 §5; 2019 c.625 §31] (Dealer Sales of Manufactured Dwellings)
Administrative rules citing this section
This rule cites
- ORS 90.842 — resolved
- 90.844 — resolved
- 90.846 — resolved
- ORS 90.848 — resolved
Cited by
- ORS 90.100: Definitions.
- ORS 90.120: Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.465 and 90.505 to 90.850.
- ORS 90.155: Service or delivery of written notice.
- ORS 90.220: Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment.
- ORS 90.222: Renter’s liability insurance.
- ORS 90.302: Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies.
- ORS 90.315: Utility or service payments; additional charges; responsibility for utility or service; remedies.
- ORS 90.322: Landlord or agent access to premises; remedies.
- ORS 90.323: Maximum rent increase; exceptions; notice.
- ORS 90.392: Termination of tenancy for cause; tenant right to cure violation.
- ORS 90.405: Effect of tenant keeping unpermitted pet.
- ORS 90.427: Termination of tenancy without tenant cause; effect of termination notice.
- ORS 90.429: Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850.
- ORS 90.462: Electric vehicle charging stations.
- ORS 90.505: Definitions for ORS 90.505 to 90.850; application of statutes.
- ORS 90.600: Increases in rent; limitations; notice; meeting with tenants; effect of failure to meet.
- ORS 90.610: Notice of proposed change in rule or regulation; tenant objection to change.
- ORS 90.675: Disposition of manufactured dwelling or floating home left in facility; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property.
- ORS 90.767: Mandatory mediation.
- ORS 90.800: Policy.
- ORS 90.844: Procedures for purchase of facility by tenants; financial information; deadlines.
- ORS 90.846: Notices and processes in facility transfer; remedies.
- ORS 90.849: Notice of conveyance.
- ORS 105.138: Compelling arbitration; procedure.
- ORS 205.246: Instruments to be recorded; fees.
- ORS 456.414: Manufactured and Marina Communities Account.
- ORS 456.579: Manufactured Dwelling Parks Account; restrictions; other moneys.
- ORS 479.305: Smoking policy disclosure.
- OAR 813-065-0100: Purpose
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors090.html