Oregon Administrative Rules
Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION
Division 150 - VEHICLE DEALERS
Section 735-150-0205 - Liquidation of Dealer Inventory Upon Closure of Dealership
Universal Citation: OR Admin Rules 735-150-0205
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Upon the closure of any vehicle dealership, a dealer, or former dealer:
(a) Must immediately provide DMV Business
Regulation Section a complete inventory of all vehicles in possession of the
dealer, or former dealer, at the time of closure. The inventory must be in
writing and must include, a description of each vehicle including; vehicle
identification number, vehicle make, model and year. The inventory list must be
submitted with a written plan to DMV to liquidate the vehicles and a proposed
time frame in which to do so; and
(b) Is strictly prohibited from adding to, or
making a sale from the inventory in anyway other than as described in
subsection (2) of this rule.
(2) Upon the written approval of the DMV Business Regulation Section, all vehicles listed as inventory under section (1) of this rule must be liquidated by one of the following means:
(a) The wholesale of the vehicles to another
certified dealer, or by consignment to a certified auto auction authorized to
wholesale vehicles to other dealers; or
(b) Titling a limited number of vehicles in
the name of the former dealer, subject to the requirements of ORS
822.015; or
(c) Any combination of (a) or (b).
(3) A dealer or former dealer described under this rule must maintain a record of all vehicles that are liquidated including:
(a) The date and
specific method(s), as described under section (2) of this rule, used to
liquidate each vehicle;
(b) If a
vehicle is liquidated to another dealer, or certified auto auction, the name,
certificate number and address of each dealer or auction to whom the vehicle
was liquidated; and
(c) A
description of each vehicle including, the vehicle identification number, make,
model and year.
(d) This section
also applies to inventoried vehicles that are not liquidated because they are
subject to flooring agreements and have, or will be returned or surrendered to
the financial institution or manufacturer holding an inventory financing
security interest.
Stat. Auth: ORS 184.616, 184.619, 802.010, & 822.035
Stats. Implemented: ORS 822.035
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