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ORS 105.464 sets forth a form of disclosure statement that, subject to limited exceptions, all sellers of Oregon residential property must complete. The disclosure statement consists of 50+ questions about the property being offered for sale.
What Oregon's Real Seller Disclosure Law Requires. Oregon law, namely ORS 105. § 465(2), requires real estate sellers to deliver to each buyer who makes a written offer to purchase the property a filled-out property disclosure statement.
Seller's Common Law Disclosure Duties Under Oregon law a seller must disclose to the buyer any material defects known to the seller that would not be readily apparent to a buyer. Oregon civil law also imposes on all parties to a contract a duty of good faith and fair dealing.
Washington law requires a seller of real property to give the buyer a completed seller disclosure statement. The seller must complete the disclosure form without the agent's help and give it to the buyer within five days after a purchase and sale agreement is signed.
If you knowingly fail to disclose details about your property that you're required to share with a prospective buyer by law, there are a few things that can happen. The buyer can cancel the sale and you could get charged a fee.
In the event of a conflict between a purchase agreement and escrow instructions, the escrow instructions will prevail because they are more recent. If the parties are unable to resolve a conflict, the escrow agent should interplead any funds or items that have already been deposited into escrow.
A home buyer might be able to take legal action against you for lying or obfuscating home defects within the disclosure form, most likely because you: rated a home feature as being in better condition than it was. forgot to mention a material defect, or. hid or lied outright about a material defect.