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Oregon Revised Statutes Property Rights and Transactions § 90.830

Current as of January 01, 2023 | Updated by Findlaw Staff

(1) A marina owner may at any time record, in the County Clerk Lien Record of the county where the marina is situated, an affidavit in which the owner certifies that:

(a) With reference to an offer by the owner for the sale of the marina, the owner has complied with the provisions of ORS 90.820;

(b) With reference to an offer received by the owner for the purchase of the marina, or with reference to a counteroffer that the owner intends to make, or has made, for the sale of the marina, the owner has complied with the provisions of ORS 90.820;

(c) Notwithstanding compliance with the provisions of ORS 90.820, a contract for the sale of the marina has not been executed between the owner and a marina purchase association, tenants' association or tenants' association supported nonprofit organization;

(d) The provisions of ORS 90.820 are inapplicable to a particular sale or transfer of the marina by the owner, and compliance with those subsections is not required; or

(e) A particular sale or transfer of the marina is exempted from the provisions of this section and ORS 90.820.

(2) The following parties have the 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 the provisions of ORS 90.820:

(a) A party that acquires an interest in a marina.

(b) A title insurance company, or an attorney, that prepares, furnishes or examines evidence of title.

(3) It is the purpose and intention of this section to preserve the marketability of title to marinas. Accordingly, the provisions of this section must be liberally construed in order that all persons may rely on the record title to marinas.

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Cite this article: FindLaw.com - Oregon Revised Statutes Property Rights and Transactions § 90.830 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-10-property-rights-and-transactions/or-rev-st-sect-90-830/

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