For purposes of ORS 105.462 to 105.490: (1) “Financial institution” has the meaning given that term in ORS 706.008. “Financial institution” includes a: (a) Trust company, as that term is defined in ORS 706.008; (b) Mortgage banker, as that term is defined in ORS 86A.100; (c) Mortgage broker, as that term is defined in ORS […]
ORS 105.464 preempts any law, rule, regulation, code or ordinance of the political subdivisions of this state including, but not limited to, the Lane Regional Air Protection Agency regarding the disclosure of solid fuel burning devices, as defined in ORS 468A.485, in connection with a written offer to purchase real property in this state for […]
A seller’s property disclosure statement must be in substantially the following form: ______________________________________________________________________________ If required under ORS 105.465, a seller shall deliver in substantially the following form the seller’s property disclosure statement to each buyer who makes a written offer to purchase real property in this state: ______________________________________________________________________________ INSTRUCTIONS TO THE SELLER Please complete the […]
(1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870: (a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer […]
ORS 105.462 to 105.490, 696.301 and 696.870 do not apply to: (1) The first sale of a dwelling never occupied, provided that the seller provides the buyer with the following statement on or before the date the buyer is legally obligated to purchase the subject real property: “THIS HOME WAS CONSTRUCTED OR INSTALLED UNDER BUILDING […]
(1) If a seller issues a seller’s property disclosure statement and a buyer has not then delivered to the seller a written statement waiving the buyer’s right to revoke the buyer’s offer, the buyer shall have five business days after delivery of the seller’s property disclosure statement to revoke the buyer’s offer by delivering to […]
(1) The representations contained in a seller’s property disclosure statement and in any amendment to the disclosure statement are the representations of the seller only. The representations of the seller are not representations of: (a) A financial institution that may have made or that may make a loan pertaining to the property covered by a […]
The burden of proof of lawful delivery of a seller’s property disclosure statement and any amendment thereto is on the seller. The burden of proof of lawful delivery of a notice of revocation of a buyer’s offer is on the buyer. [1993 c.547 §5; 2003 c.328 §8]
ORS 105.462 to 105.490, 696.301 and 696.870 do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief. [1993 c.547 §8; 2003 c.328 §9]
