Chapter 822

      822.030

NOTES OF DECISIONS

Under former similar statute

      Surety on automobile dealer’s bond is not liable for punitive damages adjudged against dealer based on dealer’s fraud. Butler v. United Pac. Ins. Co., 265 Or 473, 509 P2d 1184 (1973)

      Where automobile was stolen after purchase, buyer was unable to recover from his insurer for such theft because he could not produce valid title to car, and seller did not have title at time of sale in violation of [former] ORS 481.315 and failed to transfer title to buyer, buyer had “suffered loss” from seller’s violation within meaning of this section and was thus entitled to damages. Chamberlain v. Jim Fisher Motors, Inc., 282 Or 229, 578 P2d 1225 (1978)

      Attorney fees and punitive damages were not properly awarded under this section. Chamberlain v. Jim Fisher Motors, Inc., 282 Or 229, 578 P2d 1225 (1978)

      This section contemplates yearly and separate bond obligation for each year of licensure. General Electric Credit Corp. v. United Pac. Ins. Co., 80 Or App 129, 722 P2d 15 (1986), Sup Ct review denied

      822.040

NOTES OF DECISIONS

      This section is not specifically related to insurance, does not prescribe terms and conditions of insurance policy and does not supersede definition of “own” in insurance policy. Truck Insurance Exchange v. Friend, 253 Or App 527, 291 P3d 743 (2012), Sup Ct review denied

      822.042

NOTES OF DECISIONS

      Where dealer fails to either timely submit title application to Department of Transportation or timely provide notice of delay to security interest holder, lessor or purchaser, failure constitutes single violation. Spires Subaru, Inc. v. DMV, 188 Or App 104, 71 P3d 103 (2003)

      822.045

NOTES OF DECISIONS

Under former similar statute (ORS 481.315)

      Dealer, who did not have certificate of title at time of sale in violation of this section, was liable for buyer’s damages resulting from subsequent theft of vehicle and buyer’s insurer’s refusal to pay claim absent proof of title. Chamberlain v. Jim Fisher Motors, Inc., 282 Or 229, 578 P2d 1225 (1978)

      Bill of sale for used vehicle in possession of licensee must show present transfer of title to property for consideration, not merely agreement to sell. Fidelity and Deposit Co. of Maryland v. Greenlee, 62 Or App 40, 660 P2d 172 (1983)

In general

      “Inventory financing security interest” means agreement under which person finances vehicle dealer’s acquisition of vehicles for dealer’s stock and has interest in acquired vehicles for purpose of securing repayment. Brasher’s Cascade Auto Auction, Inc. v. Leon, 247 Or App 535, 270 P3d 330 (2011)

      822.135

NOTES OF DECISIONS

Under former similar statute

      Offense of wrecker failing to have proper evidence of motor vehicle ownership, as defined by this section, is not strict liability crime under ORS 161.105. State v. Eyerly, 37 Or App 399, 587 P2d 1039 (1978)

      822.137

NOTES OF DECISIONS

      When entity transfers vehicle between entity’s dealership and dismantling businesses, entity does not “acquire” vehicle; thus, entity is not required to obtain new certificate of sale upon transfer if entity obtained certificate of sale when vehicle was purchased from third party. NW Metals, Inc. v. DMV, 314 Or App 373, 498 P3d 869 (2021)