2017 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 090 - Residential Landlord and Tenant
Section 90.846 - Parties to manufactured dwelling park sale to act in commercially reasonable manner; negotiations with nontenant purchasers permitted; remedies for violations.
(1) During the process described in ORS 90.842 to 90.850, the parties shall act in a commercially reasonable manner.
(2) Except as provided in ORS 90.848, before selling a manufactured dwelling park to an entity that is not formed by or associated with the tenants, the owner of the park must give the notice required by ORS 90.842 and comply with the requirements of ORS 90.844.
(3) A minor error in providing the notice required by ORS 90.842 or in providing the financial information required by ORS 90.844 does not prevent the owner from selling the park to an entity that is not formed by or associated with the tenants and does not cause the owner to be liable to the tenants for damages or a penalty.
(4) During the process described in ORS 90.842 to 90.850, the owner may seek, or negotiate with, potential purchasers other than the tenants or an entity formed by or associated with the tenants.
(5) If the owner does not comply with requirements of this section and ORS 90.842 and 90.844, in a substantial way that prevents the tenants from competing to purchase the park, the tenants may:
(a) Obtain injunctive relief to prevent a sale or transfer to an entity that is not formed by or associated with the tenants when the owner has not caused an affidavit to be recorded before the sale or transfer pursuant to ORS 90.850.
(b) Recover actual damages or twice the rent from the owner for each tenant, whichever is greater.
(6) If a tenant misuses or discloses, in a substantial way, confidential information in violation of a confidentiality agreement described in ORS 90.844, the owner may recover actual damages from the tenant.
(7) The Office of Manufactured Dwelling Park Community Relations of the Housing and Community Services Department shall prepare and make available information for tenants about purchasing a manufactured dwelling park. [2014 c.89 §3]
