68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2670
House Bill 2849
Sponsored by Representative NAITO
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Revises and expands use of seller's property disclosure
statement.
A BILL FOR AN ACT
Relating to seller's property disclosure statement; amending ORS
105.465.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 105.465 is amended to read:
105.465. (1) The provisions of ORS 105.465 to 105.490, 696.301
and 696.870 { + apply to all real property transactions. + }
{ - : - }
{ - (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 or the buyer's spouse, parent or child: - }
{ - (A) Real property consisting of or improved by one to
four dwelling units; - }
{ - (B) A condominium unit as defined in ORS 100.005 and not
subject to disclosure under ORS 100.705; - }
{ - (C) A timeshare property as defined in ORS 94.803 and not
subject to disclosure under ORS 94.829; and - }
{ - (D) A manufactured dwelling, as defined in ORS 446.003,
that is owned by the same person who owns the land upon which the
manufactured dwelling is situated. - }
{ - (b) Do not apply to a leasehold in real property. - }
(2) A seller shall deliver one of the following to each buyer
who makes a written offer to purchase real property in this
state:
(a) A written disclaimer that the seller makes no
representations or warranties as to the condition of the real
property or any improvement thereon and that the buyer will be
purchasing the property 'as is,' that is, with all defects, if
any; or
(b) A seller's property disclosure statement in substantially
the following form:
_________________________________________________________________
SELLER'S PROPERTY DISCLOSURE
STATEMENT
(NOT A WARRANTY)
(ORS 105.465)
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank
unless the question clearly does not apply to the property.
Please refer to the line number(s) of the question(s) when you
provide your explanation(s). For your protection you must date
and sign each page of this disclosure statement and each
attachment.
NOTICE TO THE BUYER
THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S),
CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT ________
('THE PROPERTY').
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON
THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE
TIME OF DISCLOSURE. YOU HAVE FIVE BUSINESS DAYS FROM THE SELLER'S
DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE YOUR
OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF
REVOCATION TO THE SELLER, UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR
TO ENTERING INTO A SALE AGREEMENT.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF
THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES
OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON YOUR BEHALF,
FOR EXAMPLE, ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS,
ROOFERS, BUILDING INSPECTORS, OR PEST AND DRY ROT INSPECTORS.
Seller___ is/___ is not occupying the property.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
I. SELLER'S REPRESENTATIONS:
The following are representations
made by the seller and are not the
representations of any financial
institution that may have made or
may make a loan pertaining to
the property, or that may have or
take a security interest in the
property.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1.TITLE
� �Yes� �NoA. Do you have legal
authority to sell the
property?
� �Yes� �N*B. To your knowledge, is
title to the property
subject to any of the
following:
(First right of refusal
(Option
(Lease or rental
agreement
(Other listing
(Life estate?
� �Yes� �N*C. Are you aware of any
encroachments, bound-
ary agreements, bound-
ary disputes or recent
boundary changes?
� �Yes� �N*D. Are you aware of any
rights of way, ease-
ments or licenses
(access limitations)
that may affect your
interest in the
property?
� �Yes� �N*E. Are you aware of any
written agreements for
joint maintenance of
an easement or right
of way?
� �Yes� �NoF. Are you aware of any
governmental study,
survey or notices that
would affect the
property?
� �Yes� �NoG. Are you aware of any
pending or existing
assessments against the
property?
� �Yes� �NoH. Are you aware of any
zoning violations or
nonconforming uses?
� �Yes� �N*I. Are you aware of a
boundary survey for the
property?
� �Yes� �N*J. Are you aware of any
covenants, conditions
or restrictions which
affect the property?
2.WATER
A. Household Water
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(The source of the
water is:
� �Public� �Community
� �Private� �Shared
(Water source infor-
mation:
� �Yes� �No *a. Are you aware
of any written
agreements for
shared water
source?
� �Yes� �No *b. To your knowl-
edge, is there
an easement
(recorded or un-
recorded) for
for access to
and/or main-
tenance of the
water source?
� �Yes� �No c. Are any known
problems or
repairs needed?
� �Yes� �No (Are you aware of
any water treat-
ment systems for
the property?
� �Leased� �Owned
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
B. Irrigation
� �Yes� �No (1) Are you aware of
any water rights
for the property?
� �Yes� �No *(If there exist any,
to your knowledge,
have the water
water rights been
used during the last
five-year period?
� �Yes� �No *(If so, is the certi-
ficate available?
C. Outdoor Sprinkler
system
� �Yes� �No (To your knowledge,
is there an outdoor
sprinkler system for
the property?
� �Yes� �No (To your knowledge,
has a back flow
valve been
installed?
� �Yes� �No (To your knowledge,
is the outdoor
sprinkler system
operable?
3.SEWAGE
� �Yes� �NoA. To your knowledge, is
the property connected
to a sanitary sewer?
� �Yes� �NoB. Are you aware of any
sanitary sewer
proposed for the
property?
� �Yes� �NoC. To your knowledge, is
the property connected
to a septic system or
cesspool?
� �Yes� �NoD. Are you aware of any
problems or repairs
needed?
� �Yes� �NoE. To your knowledge,
does your sewage
system require onsite
pumping to another
level?
4.INSULATION
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
A. To your knowledge, is
there insulation in the:
� �Yes� �No (Ceiling?
� �Yes� �No (Exterior walls?
� �Yes� �No (Floors?
� �Yes� �NoB. To your knowledge,
are there any
defective insulated
windows?
5.STRUCTURAL
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
� �Yes� �N*A. To your knowledge,
has the roof leaked?
� �Yes� �No If yes, has it been
repaired?
� �Yes� �NoB. Additions/conversions/
remodeling?
� �Yes� �No *If yes, are you aware
of whether a building
permit was obtained?
� �Yes� �No Was final inspection
obtained?
� �Yes� �NoC. To your knowledge,
are there smoke
detectors?
� �Yes� �No If there are, which are
electrical (hard-wired)?
__________
� �Yes� �NoD. To your knowledge, is
there a woodstove?
Make______
� �Yes� �No Was it installed with a
permit?
� �Yes� �N*E. Are you aware of
whether a pest or
dry rot, structural
or '
whole house
'
inspection has
been done?
� �Yes� �N*F. Are you aware of any
moisture problems in the
the structure (especially
in the basement)? If
yes, explain frequency
and { -
extend - }
{ +
extent + }
of prob-
lem on attached sheet
� �Yes� �NoG. Are you aware of a
sump pump on the
property?
6.SYSTEMS AND FIXTURES
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
If the following systems or
fixtures are included in the
purchase price, are they, to
your knowledge, in good
working order on the date
this form is signed?
� �Yes� �NoA. Electrical system,
including wiring,
switches, outlets
and service
� �Yes� �NoB. Plumbing system,
including pipes,
faucets, fixtures
and toilets
� �Yes� �NoC. Hot water tank
� �Yes� �NoD. Garbage disposal
� �Yes� �NoE. Built-in range and oven
� �Yes� �NoF. Built-in dishwasher
� �Yes� �NoG. Sump pump
� �Yes� �NoH. Heating and cooling
systems
� �Yes� �NoI. Security system
� �Owned� �Leased
7.COMMON INTEREST
� �Yes� �NoA. Home Owners'
Association?
Name of Association
________
� �Yes� �NoB. Regular periodic
assessments: $___
per� � Month � � Year
� � Other_____
� �Yes� �NoC. Are you aware of any
pending special
assessments?
� �Yes� �NoD. Are you aware of any
shared '
common
areas'
or any joint
maintenance agree-
ments (facilities such
as walls, fences, pools,
tennis courts, walk-
ways or other areas
co-owned in undivided
interest with others)?
8.GENERAL
� �Yes� �NoA. { -
Are you aware of any - }
{ -
settling, soil, standing - }
{ -
water or drainage - }
{ -
problems on the - }
{ -
property or in the - }
{ -
immediate area? - }
{ +
To your knowledge,
is the property or any
portion of it within a
designated hazard area or
zone, including floodway,
floodplain, landslide or
slump area, ground water
or drainage hazard area,
erosion or accretion
hazard area, dune hazard
area, or earthquake-
related hazard area
(amplified ground
shaking, soil lique-
faction, fault zone,
landslide potential,
tsunami inundation)? + }
� �Yes� �NoB. { -
To your knowledge, - }
{ -
does the property - }
{ -
contain fill? - }
{ +
To your knowledge,
is the property or a
portion of it subject
to special zoning or
other land use
requirements for
development that are
related to the hazards
described in question 8 A (for
example, hazard overlay
ordinance or geotechnical
report requirements prior
to site development)? + }
� �Yes� �NoC. { -
Are you aware of any - }
{ -
material damage to the - }
{ -
property or any of the - }
{ -
structure from fire, - }
{ -
wind, floods, beach - }
{ -
movements, earthquake, - }
{ -
expansive soils - }
{ -
or landslides? - }
{ +
Are all structures on
the property built to
zone 3 earthquake
building code standards?
If not, to what seismic
zone standard are they
constructed and in
what year did the
construction occur? + }
� �Yes� �NoD. { -
To your knowledge, is - }
{ -
the property in a - }
{ -
designated flood plain? - }
{ +
To your knowledge,
has there ever been a
geotechnical report
prepared for this
property to address
the hazards listed in
question 8 A? + }
� �Yes� �NoE. { -
To your knowledge, is - }
{ -
the property in a - }
{ -
designated slide zone? - }
{ +
To your knowledge,
is there a record of
any past hazard-related
damage to the land or
improvements caused by
the hazards in question
8 A or by wind or rain? + }
� �Yes� �NoF. Are you aware of any
substances, materials or
or products that may
be an environmental
hazard such as, but
not limited to,
asbestos, formaldehyde,
radon gas, lead based
paint, fuel or
chemical storage
tanks, and contaminated
soil or water on the
subject property?
� �Yes� �NoG. Are you aware of any
tanks or underground
storage tanks (e.g.,
septic, chemical, fuel,
etc.) on the property
� �Yes� �NoH. To your knowledge,
has the property ever
been used as an
illegal drug manu-
facturing site?
9.FULL DISCLOSURE BY
SELLERS
A. Other conditions or
defects
� �Yes� �No Are you aware of any
other material defects
affecting this prop-
erty or its value that
a prospective buyer
should know about?
B. Verification
The foregoing answers
and attached explan-
ations (if any) are
complete and correct
to the best of my/our
knowledge and I/we
have received a copy
hereof. I/we authorize
all of my/our agents
to deliver a copy of
this disclosure state-
ment to other real
estate licensees and
all prospective buyers
of the property.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
DATE___ SELLER ________
SELLER______________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
II. BUYER'S ACKNOWLEDG-
MENT
A.As buyer(s), I/we
acknowledge the duty
to pay diligent
attention to any
material defects which
are known to me/us or
can be known by me/us
by utilizing diligent
attention and observation.
B.Each buyer acknowledges
and understands that the
disclosures set forth in
this statement and in any
amendments to this
statement are made only
by the seller and are not
the representations of any
financial institution that
may have made or may
make a loan pertaining to
the property, or that may
have or take a security
interest in the property
and no such financial
institution shall be
bound by or have any
liability with respect to
any representation, mis-
representation, omission,
error or inaccuracy
contained in another
party's disclosure state-
ment required by this
section or any amendment
to the disclosure
statement.
C.Buyer (which term includes
all persons signing the
'
buyer's acceptance
'
portion of this disclosure
statement below) hereby
acknowledges receipt of
a copy of this disclosure
statement (including
attachments, if any)
bearing seller's signature.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON
THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE
TIME OF DISCLOSURE. YOU, THE BUYER, HAVE FIVE BUSINESS DAYS FROM
THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO
REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN
STATEMENT OF REVOCATION TO THE SELLER UNLESS YOU WAIVE THIS RIGHT
AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER'S
DISCLOSURE STATEMENT. DATE_____
BUYER__________
BUYER__________
Agent to sign and date:
_________ Real Estate Licensee
_________ Real Estate Organization
*If yes, attach a copy or explain on attached sheet
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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