Key Takeaways
- Oregon requires sellers to provide a Seller's Property Disclosure Statement to buyers
- The disclosure covers the seller's actual knowledge of property conditions
- Lead-based paint disclosure is required for homes built before 1978 (federal law)
- Starting July 2025, new wholesaling disclosure requirements apply to property wholesalers
- Licensees must disclose known material defects to all parties regardless of representation
Oregon Property Disclosures
Oregon has specific property disclosure requirements that protect buyers and ensure transparency in real estate transactions.
Seller's Property Disclosure Statement
Under ORS 105.465, Oregon requires sellers to provide a completed Seller's Property Disclosure Statement.
Properties Covered
The disclosure requirement applies to:
- Single family homes
- Duplexes, triplexes, quadplexes
- Condominium units
- Timeshares
- Manufactured dwellings
What Must Be Disclosed
| Category | Examples |
|---|---|
| Structural | Foundation, roof, walls, windows |
| Systems | HVAC, plumbing, electrical, water heater |
| Environmental | Flooding, drainage, hazardous materials |
| Legal | Easements, zoning, permits, HOA |
| Other | Pests, repairs, insurance claims |
Disclosure Standard
Oregon asks only for the seller's "actual knowledge" of property conditions:
| What's Required | What's NOT Required |
|---|---|
| Seller's actual knowledge | Professional inspection |
| Known defects | Independent investigation |
| Known history | Speculation about conditions |
Key Point: Sellers are not required to inspect the property or hire professionals. They must disclose what they actually know.
Federal Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | EPA pamphlet "Protect Your Family From Lead" |
| Inspection period | Buyer has 10 days to inspect (waivable) |
| Form | Lead-Based Paint Disclosure form |
| Signatures | All parties must sign |
Warning: Lead-based paint disclosure is REQUIRED by federal law, regardless of state requirements.
Wholesaling Disclosure Requirements (New July 2025)
Starting July 1, 2025, new disclosure requirements apply to property wholesalers:
Who Must Comply
- Brokers and principal brokers engaged in wholesaling
- Persons owning more than 5% of a wholesaling business who participate in negotiations
Required Disclosure Content
The Residential Property Wholesaler Written Disclosure must state:
- The wholesaler has only an equitable interest in the property
- The wholesaler does not have legal title
- The wholesaler may not be able to directly transfer title
- The wholesaler might not be a licensed broker
- The wholesaler might not be a licensed appraiser
When to Provide
| Recipient | Timing |
|---|---|
| Potential buyers | Before entering into a contract |
| Potential sellers | Before entering into a contract |
| Assisting brokers | Before marketing or listing |
Licensee Disclosure Obligations
Regardless of what sellers disclose, licensees must:
| Duty | Description |
|---|---|
| Disclose material facts | Known defects affecting value |
| Answer honestly | If asked direct questions |
| Not misrepresent | Cannot conceal known defects |
Important: Licensees cannot hide behind "seller didn't disclose" if they have personal knowledge of defects.
Does Oregon require sellers to provide a property disclosure statement?
What standard does Oregon use for seller property disclosures?
When do the new Oregon wholesaling disclosure requirements take effect?