Carey v. Lincoln Loan Co‪.‬

Plaintiffs David Lee Carey (David) and Tanya Marie Carey (Tanya) brought this declaratory judgment action to challenge the enforceability of several provisions in a land sale contract by which they purchased a house from defendant. They alleged that the provisions together make it impossible for them to sell the house. The trial court originally ruled that the provisions violated statutes that apply to loan agreements and that a limitation on prepayment was an impermissible restraint on alienation. We reversed that decision and remanded for the trial court to decide plaintiffs argument that the provisions are unconscionable. Carey v. Lincoln Loan Co., 165 Or App 657, 998 P2d 724 (2000). On remand, the trial court ruled against plaintiffs, and they appeal. We reverse.