Key Takeaways

  • Oregon recognizes seller agency, buyer agency, and disclosed limited agency (dual agency)
  • The Initial Agency Disclosure Pamphlet must be provided at first contact with any consumer
  • Disclosed limited agency requires written consent from both parties before proceeding
  • Licensees owe fiduciary duties to clients and fair dealing duties to all parties
  • Oregon law requires disclosure of the licensee's agency relationship before substantive discussions
Last updated: January 2026

Oregon Agency Relationships

Oregon law defines the types of agency relationships that real estate licensees may have with consumers under ORS Chapter 696.

Types of Agency Relationships

Seller Agency

A seller's agent represents only the seller in a transaction:

DutyDescription
LoyaltyUndivided loyalty to seller's interests
ConfidentialityKeep seller's information confidential
DisclosureInform seller of all material facts
ObedienceFollow seller's lawful instructions
AccountingAccount for all funds and documents
CareExercise reasonable skill and care

Buyer Agency

A buyer's agent represents only the buyer in a transaction:

DutyDescription
LoyaltyUndivided loyalty to buyer's interests
ConfidentialityKeep buyer's information confidential
DisclosureInform buyer of all material facts
ObedienceFollow buyer's lawful instructions
AccountingAccount for all funds and documents
CareExercise reasonable skill and care

Disclosed Limited Agency (Dual Agency)

Disclosed limited agency occurs when a licensee or brokerage represents both buyer and seller in the same transaction.

RequirementDescription
Written consentBoth parties must consent in writing
Full disclosureMust explain limitations on representation
NeutralityCannot advocate for one party over the other
Confidentiality limitsCannot share confidential information between parties

Warning: In disclosed limited agency, the licensee cannot fully advocate for either party. Both parties must understand and consent to these limitations.

Duties to All Parties

Oregon law imposes certain duties on all licensees to all parties in a real estate transaction, regardless of representation:

Universal Duties

DutyDescription
HonestyDeal honestly and in good faith
Material factsDisclose material facts known to the licensee
Fair dealingTreat all parties fairly
CompetenceExercise reasonable skill and care
Timely presentationPresent all offers and communications promptly

What Must Be Disclosed to All Parties

  • Known material defects in the property
  • Information that could affect the transaction
  • Any conflicts of interest
  • The licensee's agency relationship

Agency Relationship Establishment

Agency relationships in Oregon are established by:

MethodDescription
Written agreementListing agreement, buyer representation agreement
ConductActions that create implied agency
RatificationAfter-the-fact approval of agent's actions

Best Practice: Always establish agency relationships in writing to avoid misunderstandings.

Termination of Agency

Agency relationships can be terminated by:

MethodDescription
PerformanceTransaction closes
ExpirationAgreement term ends
Mutual agreementBoth parties agree to end
RevocationPrincipal withdraws authority
RenunciationAgent gives up authority
Death or incapacityOf either party
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Oregon Agency Relationships
Test Your Knowledge

What type of agency exists when an Oregon licensee represents both the buyer and seller in the same transaction?

A
B
C
D
Test Your Knowledge

Which duty does an Oregon licensee owe to ALL parties in a transaction?

A
B
C
D