Unit I Law - Oregon Real Estate Law 3

Question 1

92.385 Examination; public report; waiver of examination in other state.

1

TEST* Public usually always means the State

Answer 1

(1) The Real Estate Commissioner may make an examination of any subdivision or series partition subject to ORS 92.305 to 92.495 to be offered for sale or lease and may make a public report of the commissioner’s findings. If a subdivision or series partition is located within this state and if no report is made within 45 days after examination of the subdivision or series partition, the report shall be deemed waived.

Question 2

92.385 Examination; public report; waiver of examination in other state.

2

Answer 2

(2) The commissioner may waive an examination of a real estate subdivision located in another state only when that state has an existing subdivision law which provides for the examination of and a public report on the real estate subdivision and only where that state will waive examination of a real estate subdivision or series partition located within this state and will accept in lieu thereof a report prepared by the commissioner under subsection (1) of this section.

Question 3

92.395 Waiver of examination in this state; notice to subdivider or series partitioner.

Answer 3

With respect to any subdivision or series partition within this state, if, after examination of the preliminary notice of intention required by ORS 92.345 or the reply to the Real Estate Commissioner’s request for further information, the commissioner concludes that the sale or lease of any portion of such subdivision or series partition would be reasonably certain not to involve any misrepresentation, deceit or fraud, the commissioner shall waive all of the provisions of ORS 92.305 to 92.495, except ORS 92.475 to 92.495 and 92.990 (2), which the commissioner considers unnecessary for the protection of the public from fraud, deceit or misrepresentation. The commissioner shall notify the subdivider or series partitioner within 15 days of receipt of the preliminary notice of intention of the approval or disapproval of any waiver. However, the commissioner may, for good and sufficient cause, revoke any waiver at any time upon 10 days’ notice and a hearing held for such purpose.

Question 4

92.405 Sale prohibited where public report not waived; distribution and use of public report.

1

This feels pretty important Entire reason for reporting sub division laws and requirements

Answer 4

(1) Unless the making of a public report has been waived, a person may not sell or lease a lot, parcel or interest in a subdivision or series partition prior to the issuance of the report.

Question 5

92.405 Sale prohibited where public report not waived; distribution and use of public report.

2

Answer 5

(2) A copy of the public report, when issued, must be given to the prospective purchaser by the subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or developer, prior to the execution of a binding contract or agreement for the sale or lease of a lot, parcel or interest in a subdivision or series partition. The subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or developer, shall take a receipt from the prospective purchaser or lessee upon delivery of a copy of the Real Estate Commissioner’s public report. The receipt must be kept on file within this state in the possession of the subdivider, series partitioner or developer subject to inspection by the commissioner for a period of three years from the date the receipt is taken.

Question 6

92.405 Sale prohibited where public report not waived; distribution and use of public report.

3

Answer 6

(3) The commissioner’s public report may not be used for advertising purposes unless the report is used in its entirety. No portion of the report shall be underscored, italicized or printed in larger or heavier type than the balance of the report unless the true copy of the report so emphasizes such portion.

Question 7

92.405 Sale prohibited where public report not waived; distribution and use of public report.

4

Answer 7

(4) The commissioner may furnish at cost copies of the public report for the use of subdividers, series partitioners and developers.

Question 8

92.405 Sale prohibited where public report not waived; distribution and use of public report.

5

Answer 8

(5) The requirements of this section extend to lots, parcels or other interests sold by the subdivider, series partitioner or developer after repossession.

Question 9

92.405 Sale prohibited where public report not waived; distribution and use of public report.

6

Answer 9

(6) In addition to other sanctions provided by law, a violation of subsection (1), (2) or (3) of this section is an unlawful practice subject to ORS 646.608.

Question 10

92.410 Review of subdivisions for which public report issued; revised public report; compliance with ORS 92.305 to 92.495.

1

Partitions/sub-divisions done before 1976 may require this commissioner report if sold.

Answer 10

(1) Notwithstanding the effective date of chapter 643, Oregon Laws 1975, prior to February 1, 1976, the Real Estate Commissioner may review any subdivision for which a public report has been issued and is dated prior to September 13, 1975, and when the commissioner considers it necessary for the protection of the public from fraud, deceit or misrepresentation, the commissioner may, after notice to the subdivider, issue a revised public report for the subdivider and subsequent developers of interests in the subdivision to comply with the provisions of ORS 92.305 to 92.495 as though the public report had been issued and dated after September 13, 1975.

Question 11

92.410 Review of subdivisions for which public report issued; revised public report; compliance with ORS 92.305 to 92.495.

2

Answer 11

(2) Any subdivision for which a public report has been issued and is dated prior to September 13, 1975, and for which the commissioner has not issued a revised public report under subsection (1) of this section prior to February 1, 1976, shall not be required to comply with the amendments to ORS 92.305 to 92.495 and made by chapter 643, Oregon Laws 1975

Question 12

92.415 Advance of travel expense for examination of subdivision or series partition.

Answer 12

When an examination is to be made of subdivided or series partitioned lands situated in the State of Oregon, or of subdivided lands situated outside the state which will be offered for sale or lease within this state, the Real Estate Commissioner, in addition to the filing fee provided in ORS 92.355, may require the subdivider or series partitioner to advance payment of an amount estimated by the commissioner to be the expense incurred in going to and returning from the location of the project, and an amount estimated to be necessary to cover the additional expense of such examination, subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The amounts estimated by the commissioner, under this section shall be based upon any applicable limits established and regulated by the Oregon Department of Administrative Services under ORS 292.220.

Question 13

92.425 Conditions prerequisite to sale.

1

Answer 13

(1) No lot, parcel or interest in a subdivision or series partition shall be sold by a subdivider, series partitioner or developer by means of a land sale contract unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow:
(a) A copy of the title report or abstract, as it relates to the property being sold.
(b) The original sales document or an executed copy thereof relating to the purchase of real property in the subdivision or series partition clearly setting forth the legal description of the property being purchased, the principal amount of the encumbrance outstanding at the date of the sales document and the terms of the document.
(c) A commitment to give a partial release for the lot, parcel or other interest being sold from the terms and provisions of any blanket encumbrance as described in ORS 92.305 (1). Except as otherwise provided in subsection (4) of this section, the commitment shall be in a form satisfactory to the Real Estate Commissioner.
(d) A commitment to give a release of any other lien or encumbrance existing against such lot, parcel or other interest being sold as revealed by such title report. Except as otherwise provided in subsection (4) of this section, the commitment shall be in a form satisfactory to the commissioner.
(e) A warranty or bargain and sale deed in good and sufficient form conveying merchantable and marketable title to the purchaser of such lot, parcel or other interest.

Question 14

92.425 Conditions prerequisite to sale.

2

Answer 14

(2) The subdivider, series partitioner or developer shall submit written authorization allowing the commissioner to inspect all escrow deposits established pursuant to subsection (1) of this section.

Question 15

92.425 Conditions prerequisite to sale.

3

Answer 15

(3) In lieu of the procedures provided in subsection (1) of this section, the subdivider, series partitioner or developer shall conform to such alternative requirement or method which the commissioner may deem acceptable to carry into effect the intent and provisions of this section.

Question 16

92.425 Conditions prerequisite to sale.

4

Answer 16

(4) The requirements of subsection (1)(c) and (d) of this section relating to use of a commitment form acceptable to the commissioner and the provisions of subsection (2) of this section shall not apply to subdivided or series partitioned lands described by ORS 92.325 (3)(h).

Question 17

Seismic Risk Disclosure - House Bill 2140

Answer 17

Each seller of residential property described must deliver a Seismic Risk Disclosure form to each buyer who makes a written offer to purchase. Refusal to provide this form gives the buyer the right to revoke their offer at any time prior to closing the transaction.

Question 18

Buyers Acknowledgements

Answer 18

Each buyer is to acknowledge and state understanding of the disclosures. If there are any amendments to this disclosure, they are to be made by the seller and are not the representations of any financial institution making a loan pertaining to the property or any real estate licensee engaged by the seller or the buyer.

Question 19

92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions.

1

**At least a few questions from this section on test*

Answer 19

(1) A purchaser of a lot, parcel or interest in a subdivision or series partition may cancel, for any reason, any contract, agreement or any evidence of indebtedness associated with the sale of the lot, parcel or interest in the subdivision or series partition within ** TESTthree business days (Sat and sunday are not business days***** from the date of signing by the purchaser of the first written offer or contract to purchase.

Question 20

92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions.

2

Answer 20

(2) Cancellation, under subsection (1) of this section, occurs when the purchaser of a lot, parcel or interest gives written notice to the seller at the seller’s address. The three business days cancellation period in subsection (1) of this section does not begin until the seller provides the purchaser with seller’s address for cancellation purposes.

Question 21

92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions.

3

Answer 21

(3) A notice of cancellation given by a purchaser of a lot, parcel or interest in a subdivision or series partition need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the purchaser not to be bound by the contract or evidence of indebtedness.

Question 22

92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions.

4

Answer 22

(4) Notice of cancellation, if given by mail, shall be given by certified mail, return receipt requested, and is effective on the date that such notice is deposited with the United States Postal Service, properly addressed and postage prepaid.

Question 23

92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions.

5

Answer 23

5) Upon receipt of a timely notice of cancellation, the seller shall immediately return to the purchaser all payments received from the purchaser. In case of payments made by check, the seller is not required to return the payment to a purchaser until the check is finally paid as provided in ORS 74.2130. Upon return of all such payments the purchaser shall immediately transfer the purchaser’s rights in the lot, parcel or interest to the seller, not subject to any encumbrance created or suffered by the purchaser. In the case of cancellation by a purchaser of any evidence of indebtedness, the purchaser shall return the purchaser’s copy of the executed evidence of indebtedness to the seller, and the seller shall cancel the evidence of indebtedness. Any encumbrances against the purchaser’s interest in the lot, parcel or interest arising by operation of law from an obligation of the purchaser existing prior to transfer of the lot, parcel or interest to the purchaser shall be extinguished by the reconveyance.

Question 24

92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions.

6

Answer 24

(6) An act of a purchaser is not effective to waive the right of cancellation granted by subsection (1) of this section. A subdivider, series partitioner or developer may require that a purchaser of a lot, parcel or interest in a subdivision or series partition execute and deliver to the subdivider, series partitioner or developer, after the expiration of the three-day cancellation period, a signed statement disclaiming any notice of cancellation that may have been made by the purchaser prior to expiration of the three-day cancellation period for the offer under subsection (1) of this section, that may have been timely and properly done under this section and that has not been received by the subdivider, series partitioner or developer. In case of execution of any such statement by the purchaser, the statement shall be sufficient to rescind the notice of cancellation.

Question 25

92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions.

7

Answer 25

(7) This section does not apply to:
(a) The sale of a lot in a subdivision or a parcel in a series partition that has a residential dwelling upon it at the time of sale;
(b) The sale of a lot in a subdivision or a parcel in a series partition when, at the time of sale, the seller has contracted with the purchaser to build a residential dwelling upon the lot or parcel; or
(c) The sale of a lot in a subdivision or a parcel in a series partition to a person who derives a substantial portion of income from the development or purchase and sale of real property.

Question 26

92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions.

8

Answer 26

(8) Notwithstanding subsection (7) of this section, this section applies to a planned community subdivision of manufactured dwellings created under ORS 92.830 to 92.845.

Question 27

92.430 Notice to purchaser of cancellation rights; form.

1

Answer 27

(1) Subject to ORS 92.427 (7), the first written real property sales contract signed by the purchaser for the sale of a lot, parcel or interest in a subdivision or series partition shall contain, either upon the first page of such contract or upon a separate sheet attached to such first page, the following notice in at least 8-point type:

Question 28

92.430 Notice to purchaser of cancellation rights; form.

2

Answer 28

(2) A copy of the notice set forth in subsection (1) of this section shall be given to each purchaser under a contract described in subsection (1) of this section at the time of or immediately following the purchaser’s signing of such contract, for the use of the purchaser.

Question 29

92.433 Escrow documents required of successor to vendor’s interest.

1

Answer 29

(1) A purchaser of a vendor’s interest or a holder of an encumbrance secured by a vendor’s interest in a land sale contract for which an escrow has been established pursuant to ORS 92.425 shall deposit in the escrow any instruments necessary to assure that the contract vendee can obtain the legal title bargained for upon compliance with the terms and conditions of the contract.

Question 30

92.433 Escrow documents required of successor to vendor’s interest.

2

Answer 30

(2) A subdivider, series partitioner or developer who has sold lots, parcels or interests in a subdivision or series partition under a land sale contract shall not dispose of or subsequently encumber the vendor’s interest therein unless the terms of the instrument of disposition or the encumbrance provide the means by which the purchaser or holder of the encumbrance will comply with subsection (1) of this section.

Question 31

92.455 Inspection of records.

Answer 31

Records of the sale or lease of real property within a subdivision or series partition shall be subject to inspection by the Real Estate Commissioner.

Question 32

92.460 Blanket encumbrance permitted only in certain circumstances.

1

Answer 32

*****can have a blanket encumberance, but the lien on individual lots is removed when buyer pays.

(1) Subject to the provisions of ORS 92.425, no lot, parcel or other interest in a subdivision or series partition shall be sold by a subdivider, series partitioner or developer subject to a blanket encumbrance unless there exists in the blanket encumbrance or other supplementary agreement a provision which by its terms shall unconditionally provide that the purchaser or lessee of a lot, parcel or other interest can obtain legal title or other interest bargained for, free and clear of the blanket encumbrance, upon compliance with the terms and conditions of the purchase or lease.

Question 33

92.460 Blanket encumbrance permitted only in certain circumstances.

2

Answer 33

(2) In lieu of the requirement of subsection (1) of this section, the subdivider, series partitioner or developer shall conform to any alternative requirement or method which the Real Estate Commissioner deems acceptable to carry into effect the intent and provisions of this section.

Question 34

92.465 Fraud and deceit prohibited. No person shall, in connection with the offer, sale or lease of any lot, parcel or interest in a real estate subdivision or series partition, directly or indirectly:

1

Answer 34

(1) Employ any device, scheme or artifice to defraud;

***determined by commissioner

Question 35

92.465 Fraud and deceit prohibited. No person shall, in connection with the offer, sale or lease of any lot, parcel or interest in a real estate subdivision or series partition, directly or indirectly:

2

Answer 35

(2) Make any untrue statement of a material fact or fail to state a material fact necessary to make the statement made, in the light of the circumstances under which it is made, not misleading;

***cant say “we’re putting in a golf course and then not”

Question 36

92.465 Fraud and deceit prohibited. No person shall, in connection with the offer, sale or lease of any lot, parcel or interest in a real estate subdivision or series partition, directly or indirectly:

3

Answer 36

(3) Engage in any act, practice or course of business which operates or would operate as a fraud or deception upon any person;

Question 37

92.465 Fraud and deceit prohibited. No person shall, in connection with the offer, sale or lease of any lot, parcel or interest in a real estate subdivision or series partition, directly or indirectly:

4

Answer 37

(4) Issue, circulate or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet or other literature which contains an untrue statement of a material fact or fails to state a material fact necessary in order to make the statements therein made, in the light of the circumstances under which they are made, not misleading;

Question 38

92.465 Fraud and deceit prohibited. No person shall, in connection with the offer, sale or lease of any lot, parcel or interest in a real estate subdivision or series partition, directly or indirectly:

5

Answer 38

(5) Issue, circulate or publish any advertising matter or make any written representation, unless the name of the person issuing, circulating or publishing the matter or making the representation is clearly indicated; or

Question 39

92.465 Fraud and deceit prohibited. No person shall, in connection with the offer, sale or lease of any lot, parcel or interest in a real estate subdivision or series partition, directly or indirectly:

6

Answer 39

(6) Make any statement or representation, or issue, circulate or publish any advertising matter containing any statement to the effect that the real estate subdivision or series partition has been in any way approved or indorsed by the Real Estate Commissioner.

Question 40

2.475 False or misleading advertising prohibited; liability.

Answer 40

It shall be unlawful for any owner, subdivider, developer, series partitioner, agent or employee of such persons or other person, who with intent, directly or indirectly, to sell or lease subdivided or series partitioned lands or lots, parcels or interests therein, to authorize, use, direct or aid in the publication, distribution or circularization of any advertisement, radio broadcast or telecast concerning subdivided or series partitioned lands, which contains any statement, pictorial representation or sketch which is false or misleading. Nothing in this section shall be construed to hold the publisher or employee of any newspaper, any job printer, broadcaster or telecaster liable for any publication referred to in ORS 92.305 to 92.495 unless the publisher, employee, printer, broadcaster or telecaster has actual knowledge of the falsity thereof or has an interest in the subdivided or series partitioned lands advertised or the sale thereof.

Question 41

92.485 Waiver of legal rights void.

Answer 41

Any condition, stipulation or provision in any sales contract or lease, or in any other legal document, binding any purchaser or lessee to waive any legal rights under ORS 92.305 to 92.495 against the subdivider, series partitioner or developer shall be deemed to be contrary to public policy and void.

Question 42

92.490 Civil penalty. 1

Answer 42

(1) In addition to any other penalties provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of ORS 92.305 to 92.495. No civil penalty shall exceed $1,000 per violation.

Question 43

92.490 Civil penalty. 2

Answer 43

(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.

Question 44

92.495 Cease and desist order; injunction. 1

Answer 44

(1) Whenever the Real Estate Commissioner finds that any owner, subdivider, series partitioner, developer or other person is violating any of the provisions of ORS 92.305 to 92.495 or of the alternative requirements of the commissioner prescribed pursuant to ORS 92.425 (3), the commissioner may order the persons to desist and refrain from violating the provisions or requirements, or from the further sale or lease of lots, parcels or interests within the subdivision or series partition.

Question 45

92.495 Cease and desist order; injunction. 2

Answer 45

(2) Whenever the commissioner finds that any subdivider, series partitioner, developer or other person is violating, or has violated or is about to violate, any of the provisions of ORS 92.305 to 92.495 or the alternative requirements of the commissioner prescribed pursuant to ORS 92.425 (3) the commissioner may bring proceedings in the circuit court within the county in which the violation or threatened violation has occurred or is about to occur, or in the county where the person, firm or corporation resides or carries on business, in the name of and on behalf of the people of the State of Oregon against the person, firm or corporation, and any other person or persons concerned in or in any way participating or about to participate in the violation, to enjoin the person, firm or corporation or any other person from continuing the violation or engaging in the violation or doing any act or acts in furtherance of the violation, and to apply for the appointment of a receiver or conservator of the assets of the defendant where an appointment is appropriate.

Question 46

92.830 Definitions for ORS 92.830 to 92.845.

Tenant”

Answer 46

means a person who owns and occupies as a residence a manufactured dwelling or mobile home on a rented space in a manufactured dwelling park or mobile home park

Question 47

92.832 Policy. The Legislative Assembly finds:

1

***monetarily dont want to stress subdividing because typical people that live here have small amount of income

Answer 47

(1) There is a need to create a mechanism for owners of manufactured dwellings in existing manufactured dwelling parks and mobile home parks to acquire individual ownership interest in the lot on which the dwelling is located;

Question 48

92.832 Policy. The Legislative Assembly finds:

2

Answer 48

(2) The creation of an individual ownership interest should not impose an undue financial burden on the owner of a park;

Question 49

92.832 Policy. The Legislative Assembly finds:

3

Answer 49

(3) The public interest is furthered by regulating the promotion, subdivision and sale of individual ownership interests in the lots in a park to owners of manufactured dwellings to ensure that local jurisdictions do not place unreasonable constraints on the conversion of existing parks into planned community subdivisions of manufactured dwellings; and

Question 50

92.832 Policy. The Legislative Assembly finds:

4

Answer 50

(4) The orderly conversion of manufactured dwelling parks and mobile home parks to subdivisions has effects on infrastructure and access that make it appropriate to require assurances that public health and safety standards are met by persons buying or selling lots converted from a park.

Question 51

92.835 Subdivision of manufactured dwelling park or mobile home park; waiver of right of remonstrance to formation of local improvement district.

Answer 51

Notwithstanding the standards and procedures established under ordinances and regulations adopted by the governing body of a city or a county under ORS 92.044 or 92.048, when application for approval of the subdivision of a manufactured dwelling park or mobile home park that was lawfully approved before July 2, 2001, is made under ORS 92.040 to the governing body of a city or county, the governing body of the city or county shall approve:

Question 52

92.835 Subdivision of manufactured dwelling park or mobile home park; waiver of right of remonstrance to formation of local improvement district.

1

Answer 52

(a) The park is in compliance with the governing body’s standards for a manufactured dwelling park or a mobile home park or is an approved nonconforming use. For the purposes of this paragraph, a park is in compliance if the governing body of the city or county has not issued a written notice of noncompliance on or before July 2, 2001;
(b) Except as provided in this paragraph, the tentative plan does not make changes from the approved manufactured dwelling park or mobile home park development, including but not limited to increasing or decreasing the number of lots as defined in ORS 446.003 or changing the external boundary lines or setback requirements. The tentative plan may provide for a reduction in the number of lots, if the reduction involves only lots that have never been used for placement of manufactured dwellings;
(c) The tentative plan restricts the use of lots in the subdivision to the installation of manufactured dwellings and restricts any other property in the subdivision to use as common property as defined in ORS 94.550 or for public purposes;
(d) The tentative plan does not contain conditions of approval or require development agreements except the original conditions of approval and development agreements contained in the original approval for the park or conditions required by ORS 92.830 to 92.845; and
(e) The property owners applying for the conversion have signed and recorded a waiver of the right of remonstrance, in a form approved by the city or county, for the formation of a local improvement district by a city or county. A waiver described in this paragraph must be in regard only to sanitary and storm sewers or water facilities and be operative only if the city or county determines after a hearing that the absence or inadequacy of those sewers or facilities is an immediate danger to life, health or safety. However, a waiver of the right of remonstrance may not be required of the owner of a lot in a manufactured dwelling park or mobile home park if the park was served for water, sewer and irrigation by a private utility company prior to an acquisition of that company by municipal condemnation commenced prior to January 1, 2003.

Question 53

92.835 Subdivision of manufactured dwelling park or mobile home park; waiver of right of remonstrance to formation of local improvement district.

2

Answer 53

(2) A plat in compliance with the applicable requirements of ORS 92.010 to 92.192, except standards and procedures adopted by regulation or ordinance under ORS 92.044 or 92.048. The plat may not contain conditions of approval or require development agreements except the original conditions of approval and development agreements contained in the original plat for the park or conditions required by ORS 92.830 to 92.845.

Question 54

92.837 Application of city or county comprehensive plans and land use regulations; placement of new or replacement manufactured dwelling.

1

Answer 54

(1) Except as provided in subsection (2) of this section, city or county comprehensive plans and land use regulations that applied at the time the manufactured dwelling park or mobile home park was approved continue to apply to park land that is converted to a subdivision pursuant to ORS 92.830 to 92.845 until the earlier of:
(a) The sale of all of the newly created lots in accordance with ORS 92.840 and the issuance of permits to allow the placement of a manufactured dwelling on each of those lots; or
(b) Ten years after conversion of the manufactured dwelling park or mobile home park to a subdivision.

Question 55

92.837 Application of city or county comprehensive plans and land use regulations; placement of new or replacement manufactured dwelling.

2

Answer 55

(2) An original or replacement manufactured dwelling may be placed on a park space that has been converted to a subdivision lot under ORS 92.835 if:
(a) The manufactured dwelling is constructed and installed in accordance with state and federal standards; and
(b) The owner of the lot has signed and recorded a waiver of the right of remonstrance, in a form approved by the city or county, for the formation of a local improvement district by a city or county. A local improvement district described in this paragraph must be for the construction of a capital improvement described in ORS 223.299 (1)(a)(A) to (C).

Question 56

92.837 Application of city or county comprehensive plans and land use regulations; placement of new or replacement manufactured dwelling.

3

Answer 56

(3) Notwithstanding subsection (2)(b) of this section, a waiver of the right of remonstrance may not be required of the owner of a lot in a manufactured dwelling park or mobile home park if the park was served for water, sewer and irrigation by a private utility company prior to an acquisition of that company by municipal condemnation commenced prior to January 1, 2003.

Question 57

92.839 Notice to tenants of conversion and tenants’ rights during conversion.

Usually test question on one of these

Answer 57

(1) When a declarant submits an application for approval of the conversion of a manufactured dwelling park or mobile home park to a planned community subdivision of manufactured dwellings pursuant to ORS 92.830 to 92.845, the declarant shall give each tenant:
(a) A copy of any notice given by the local government to neighboring property owners regarding the application.
(b) A written statement generally explaining the subdivision conversion and describing any public process or hearings to be conducted concerning the application.
(c) A general explanation of the tenant’s rights during the conversion, including the right under ORS 92.840 to purchase the lot created during the conversion of the park to a planned community subdivision of manufactured dwellings.

Question 58

92.839 Notice to tenants of conversion and tenants’ rights during conversion.

Answer 58

(2) The declarant shall give the items described in subsection (1) of this section to the tenant in the manner provided in ORS 90.155 within five days after the local government gives its notice to the neighbors or, if the local government does not give a notice, within 10 days after the declarant submits the application.

Question 59

92.839 Notice to tenants of conversion and tenants’ rights during conversion.

Answer 59

(3) A declarant is liable to an affected tenant for failure to give the items described in subsection (1) of this section in the amount of $200 or actual damages, whichever is more. However, failure to give the items described in subsection (1) of this section to a tenant does not affect the validity of the conversion.

Question 60

92. 840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.
93. in reference to converting a park to subdivision

Answer 60

• basically the declarant (owner) can’t be misleading
  (1) Notwithstanding the provisions of ORS 92.016 (1), prior to the approval of a tentative plan, the declarant may negotiate to sell a lot for which approval is required under ORS 92.830 to 92.845.

Question 61

92.840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

2

Answer 61

(2) Prior to the sale of a lot, the declarant shall offer to sell the lot to the tenant who occupies the lot. The offer required under this subsection:

**(a) Terminates 60 days after receipt of the offer by the tenant or upon written rejection of the offer, whichever occurs first; and

***(b) Does not constitute a notice of termination of the tenancy.

Question 62

92.840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

3

Answer 62

**(3) For 60 days after termination of the offer required under subsection (2) of this section, the declarant may not sell the lot to a person other than the tenant at a price or on terms that are more favorable to the purchaser than the price or terms that were offered to the tenant.

Question 63

92.840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

4

Answer 63

(4) After the manufactured dwelling park or mobile home park has been submitted for subdivision under ORS 92.830 to 92.845 and until a lot is offered for sale in accordance with subsection (2) of this section, the declarant shall notify a prospective tenant, in writing, prior to the commencement of the tenancy, that the park has been submitted for subdivision and that the tenant is entitled to receive an offer to purchase the lot under subsection (2) of this section.

Question 64

92.840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

5

Answer 64

(5) Prior to the sale of a lot in a subdivision created by conversion of the park, the declarant must provide the tenant or other potential purchaser of the lot with information about the homeowners association formed by the declarant as required by ORS 94.625. The information must, at a minimum, include the association name and type and any rights set forth in the declaration required by ORS 94.580.

Question 65

92.840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

6

Answer 65

(6) The declarant may not begin improvements or rehabilitation to the lot during the period described in the landlord’s notice of termination under ORS 90.645 without the permission of the tenant.

Question 66

92.840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

7

Answer 66

(7) The declarant may begin improvements or rehabilitation to the common property as defined in the declaration during the period described in the landlord’s notice of termination under ORS 90.645.

Question 67

92.840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

8

Answer 67

(8) If the tenant does not buy the lot occupied by the tenant’s manufactured dwelling or mobile home, the declarant and the tenant may continue the tenancy on the lot after approval of the tentative plan. The rights and responsibilities of tenants who continue their tenancy on the lot in the planned community subdivision of manufactured dwellings are set out in ORS 90.643.

Question 68

92.840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

9

Answer 68

(9) After approval of the tentative plan and the period provided by subsection (2)(a) of this section, the declarant shall promptly:
(a) Notify the Office of Manufactured Dwelling Park Community Relations of the Housing and Community Services Department of the approval.
(b) Provide the office with a street address for each lot in the planned community subdivision of manufactured dwellings that remains available for rental use.

Question 69

92.840 Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.

10

Answer 69

if park tenant still acts up they can still evict them

(10) Nothing in this section prevents the declarant from terminating a tenancy in the park in compliance with ORS 90.630, 90.632 and 90.645. However, the declarant shall make the offer required under subsection (2) of this section to a tenant whose tenancy is terminated after approval of the tentative plan unless the termination is for cause under ORS 90.392, 90.394, 90.396, 90.630 (1) or (8) or 90.632.

Question 70

92.843 Approval of declaration or amendment to declaration made pursuant to ORS 92.845.

1

Answer 70

(1) A declaration made pursuant to ORS 92.845, or an amendment to the declaration, may not be recorded unless first approved by the tax collector for the county where the property is located and the Real Estate Commissioner.

Question 71

92.843 Approval of declaration or amendment to declaration made pursuant to ORS 92.845.

2

Answer 71

2) A tax collector shall approve a declaration or amendment submitted under this section if:
(a) All ad valorem taxes, special assessments, fees and other charges required by law to be placed on the tax roll that are or will become a lien on the property during the tax year have been paid as required by ORS 92.095; and
(b) Any additional taxes or penalties, and interest on taxes or penalties, resulting from a disqualification of the property from special assessment have been paid.

Question 72

92.843 Approval of declaration or amendment to declaration made pursuant to ORS 92.845.

3

Answer 72

(3) The commissioner shall approve a declaration or amendment submitted under this section if:
(a) The declaration or amendment complies with ORS 92.835, 92.845 and 94.580; and
(b) The plat executed by the declarant is in conformance with ORS 92.835 (2).

Question 73

92.843 Approval of declaration or amendment to declaration made pursuant to ORS 92.845.

4

Answer 73

4) The commissioner’s approval of a declaration or amendment under this section expires after two years if the declaration or amendment has not been recorded. The commissioner shall specify the expiration date when approving the declaration or amendment. A declaration or amendment may not be reapproved after an approval expires unless the declaration or amendment is resubmitted and new determinations are made under subsections (2) and (3) of this section

Question 74

92. 845 Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes; system development charges.
93. this section basically says a park being converted into subdivision will comply with oregon laws

Answer 74

(1) A planned community subdivision of manufactured dwellings created in a manufactured dwelling park or mobile home park under ORS 92.830 to 92.845:
(a) Is subject to ORS 94.550 to 94.783;
(b) Is not subject to system development charges or other similar charges that are based on approval of the subdivision; and
(c) Remains subject to system development charges that are based on the prior approval of the manufactured dwelling park or mobile home park.

Question 75

92.845 Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes; system development charges.

2

Answer 75

2) The declarant of a planned community subdivision of manufactured dwellings under ORS 92.830 to 92.845 shall:
(a) Comply with the provisions of ORS 92.305 to 92.495, except ORS 92.337 and 92.395; and
(b) Include in the declaration described in ORS 94.580 a statement that the subdivision will comply with the conditions required by ORS 92.835 and subsections (1)(b) and (c) of this section

Question 76

PENALTIES

Answer 76

(1) Violation of any provision of ORS 92.010 to 92.090, 92.100 and 92.120 to 92.170 or of any regulation or ordinance adopted thereunder, is a Class C misdemeanor***.

Question 77

PENALTIES

Answer 77

(2) Any person who violates any of the provisions of ORS 92.325 (1), 92.345 to 92.365, 92.405 (1), (2) and (3), 92.425, 92.433, 92.460 to 92.475 and any alternative requirements of the Real Estate Commissioner prescribed pursuant to ORS 92.425 (3), not waived by the commissioner pursuant to ORS 92.395, or who provides false information or omits to state material facts pursuant to ORS 92.337, commits a Class C felony*****.

Question 78

Oregon Construction Lien Law (ORS 87.001-87.093

Answer 78

Oregon allows construction liens to be placed on property to aid in ensuring payment. The lien may be for new construction or remodeling. The lien must be placed no later than 75 days after construction has ceased. **Construction liens will take priority over most other liens such as a mortgage on a property*. A construction lien could be placed on a property even though the property owner paid the subcontractor.

Example: Bob hired a general contractor to perform a major remodel on his home. Bob paid the general contractor, however the general contractor did not pay his subcontractor and a supplier. The subcontractor and the lumber yard were able to place a lien on Bob’s property.

Question 79

Lien law definitions

1) “Commencement of the improvement”

Answer 79

(means the first actual preparation or construction upon the site or the first delivery to the site of materials of such substantial character as to notify interested persons that preparation or construction upon the site has begun or is about to begin.

Question 80

Lien law definitions

(2) “Construction”

Answer 80

means creating or making an improvement or performing an alteration, partial construction or repair in and upon an improvement.

Question 81

Lien law definitions

(3) “Construction agent”

Answer 81

means a contractor, architect, builder or other person having charge of construction or preparation.

Question 82

Lien law definitions

(4) “Contractor

Answer 82

” means a person that contracts on predetermined terms to be responsible for performing all or part of a job of preparation or construction in accordance with established specifications or plans, retaining control of the means, method and manner of accomplishing the desired result, and that provides:

(a) Labor at the site; or
(b) Materials, supplies and labor at the site

Question 83

Lien law definitions

(5) “Improvement”

Answer 83

means a building, wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk, machinery, aqueduct or other structure or superstructure.

Question 84

Lien law definitions

(6) “Mortgagee

Answer 84

” means a person:

(a) (i) Whose name and address appear as mortgagee or beneficiary in a mortgage of record or a trust deed of record that is recorded under ORS 205.234 with the county clerk of the county within which the property or improvement is located; and
(ii) That has a valid subsisting mortgage of record or trust deed of record that secures a loan upon land or upon an improvement; or
(b) (i) Whose name and address appear as the assignee of the mortgagee or beneficiary in an assignment of mortgage of record or a trust deed of record that is recorded under ORS 205.234 with the county clerk of the county within which the property or improvement is located; and
(ii) That has a valid subsisting mortgage of record or trust deed of record that secures a loan upon land or upon an improvement.

Question 85

(7) “Original contractor”

Answer 85

means a contractor that has a contractual relationship with the owner.

Question 86

(8) “Owner”

Answer 86

means:

(a) A person that is or claims to be the owner in fee or a lesser estate of the land on which preparation or construction is performed;
(b) A person that entered into a contract to purchase an interest in the land or improvement sought to be charged with a lien created under ORS 87.010; or
(c) A person that has a valid lease on land or an improvement and that possesses an interest in the land or improvement by reason of the lease.

Question 87

(9) “Preparation”

Answer 87

means excavating, surveying, landscaping, demolishing or detaching existing structures or leveling, filling in or otherwise making land ready for construction.

Question 88

10) “Site

Answer 88

” means the land on which construction or preparation is performed.

Question 89

(11) “Subcontractor”

Answer 89

means a contractor that has no direct contractual relationship with the owner.