Oregon § 90.850 Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit

Oregon Statutes

§ 90.850 — Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit

Oregon § 90.850

Vol.3

Title 10Property Rights and Transactions

Ch. 90Residential Landlord and Tenant

This text of Oregon § 90.850 (Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 90.850 (2026).

Text

(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

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(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)