105.465
Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure
statement. (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 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) Except as
provided in ORS 105.475 (4), a seller shall complete, sign and deliver a seller’s
property disclosure statement as set forth in ORS 105.464 to each buyer who
makes a written offer to purchase real property in this state. [1993 c.547 §1;
1997 c.816 §15; 1999 c.307 §24; 1999 c.677 §65; 2001 c.300 §74; 2003 c.328 §1]
Notes of Decisions
Patterson v. Amundson, 119 P.3d 264 (Or. Ct. App. 2005).
“” Plaintiffs’ attorney enclosed with the letter a separate written statement that said: “I, David Patterson, [plaintiff,] hereby rescind my agreement to purchase from you the property at 12500 SE Bluff Drive, Clackamas, Oregon because you have not delivered to me either the…”
Bishop v. Waters, 380 P.3d 1114 (Or. Ct. App. 2016).
“” ORS 105.465(2) provides that the seller’s disclosure statement is to be given “to each buyer who makes a written offer to purchase real property in this state.”
Terway v. Real Est. Agency, 196 P.3d 1022 (Or. Ct. App. 2008).
“Fleming completed a Seller’s Disclosure Disclaimer Exemption, certifying that the transaction was not subject to the requirements of ORS 105.465 to 105.490 (the Seller’s Property Disclosure Statement) because he had never occupied any part of the real property.”
Fox v. Real Est. Agency, 426 P.3d 179 (Or. Ct. App. 2018).
· cites it 2× “See ORS 105.465 (requiring use of property disclosure statement); ORS 105.”
Cowan v. Nordyke, 222 P.3d 1093 (Or. Ct. App. 2009).
“He notes that anyone selling a house is required to disclose such defects in the property disclosure statement required by ORS 105.465(2) and that buyers have remedies for fraud or breach of contract if the seller fails to disclose or misrepresents the defects.”
Cameron v. Harshbarger, 998 P.2d 221 (Or. Ct. App. 2000).
· cites it 7× “490 provides: “ORS 105.465 * * * shall 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.”
Atkinson v. Davis, 34 Va. Cir. 139 (Fairfax Cir. Ct. 1994).
“Oregon’s legislation provides for a disclosure statement ( Or. Rev. Stat. § 105.465 ) and charges real estate licensees with a duty to disclose, deviating from the Virginia language only in that a seller’s broker in Oregon does not have a corresponding duty to a buyer who is…”
— Or. Rev. Stat. § 105.465(2) — 3 cases
Bishop v. Waters, 380 P.3d 1114 (Or. Ct. App. 2016).
“” ORS 105.465(2) provides that the seller’s disclosure statement is to be given “to each buyer who makes a written offer to purchase real property in this state.”
Cowan v. Nordyke, 222 P.3d 1093 (Or. Ct. App. 2009).
“He notes that anyone selling a house is required to disclose such defects in the property disclosure statement required by ORS 105.465(2) and that buyers have remedies for fraud or breach of contract if the seller fails to disclose or misrepresents the defects.”
Cameron v. Harshbarger, 998 P.2d 221 (Or. Ct. App. 2000).
“490 provides: “ORS 105.465 * * * shall 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.”
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