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Under ORS 701, what is the maximum amount a residential contractor can collect as a down payment before starting work?

Correct Answer

B) One-third of contract price or $1,000, whichever is less

Oregon law limits residential contractor down payments to one-third of the contract price or $1,000, whichever is less.

Answer Options
A
No limit on down payments
B
One-third of contract price or $1,000, whichever is less
C
10% of contract price or $1,000, whichever is less
D
50% of contract price

Why This Is the Correct Answer

Under ORS 701, Oregon law specifically limits residential contractor down payments to protect consumers from excessive upfront costs. The statute establishes a clear ceiling of one-third of the total contract price or $1,000, whichever amount is less. This dual limitation ensures contractors cannot demand large sums before beginning work, reducing financial risk for homeowners while allowing contractors reasonable funds to purchase initial materials and cover startup costs.

Why the Other Options Are Wrong

Option A: No limit on down payments

Oregon law does establish specific limits on down payments for residential contractors. Having no limits would leave consumers vulnerable to contractors who might demand large upfront payments and then fail to complete work or disappear with the funds.

Option C: 10% of contract price or $1,000, whichever is less

While this option correctly identifies the $1,000 cap, it incorrectly states the percentage as 10% instead of one-third (33.33%). The 10% figure is not the statutory requirement under ORS 701 for residential contractor down payments.

Option D: 50% of contract price

Fifty percent of the contract price would be excessive and is not permitted under Oregon law. This amount could create significant financial hardship for consumers and exceeds the protective limits established by ORS 701.

Memory Technique

Remember 'One-Third or One-Thousand' - the two 'ones' help recall that it's 1/3 of contract price OR $1,000, whichever is LESS.

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