OAR 863-015-0215
Initial Agency Disclosure Pamphlet
(1)
For purposes of this rule, “at first contact” means at the time the agent has sufficient contact information about a person to be able to provide an initial agency disclosure pamphlet to that person. Contact with a person includes, but is not limited to contacts in person, by telephone, over the Internet, by electronic mail, or by similar methods.(2)
An agent shall provide a copy of the initial agency disclosure pamphlet, which complies with section (5) of this rule, at first contact with:(a)
A prospective party to a real property transaction; or(b)
An unrepresented party seeking representation during the course of a real property transaction.(3)
An agent must provide the initial agency disclosure pamphlet in a written format by electronic mail, over the Internet, by USPS mail, facsimile, hand delivery or similar delivery method.(4)
An agent need not provide a copy of the initial agency disclosure pamphlet to a party who has, or may be reasonably assumed to have, received a copy of the pamphlet from another agent.(5)
The initial agency disclosure pamphlet must contain:(a)
The following information, directed to the consumer:(A)
A licensed real estate broker or principal broker must give a copy of the initial agency disclosure pamphlet at first contact with a prospective party to a real property transaction or at first contact with an unrepresented party seeking representation during the course of a real property transaction.(B)
A licensed real estate broker or principal broker need not provide a copy of the initial agency disclosure pamphlet to a party who has, or may be reasonably assumed to have, received a copy of the pamphlet from another real estate broker or principal broker.(C)
The pamphlet describes the legal relationship between a broker and a consumer when the real estate broker or principal broker acts as the consumer’s agent; and(D)
The pamphlet is informational only and may not be construed to be evidence of intent to create an agency relationship, as provided in ORS 696.820 (Agency disclosure pamphlet).(b)
A general definition of an agency relationship and the three real estate agency relationships of seller’s agent, a buyer’s agent and a disclosed limited agent.(c)
The definition of “confidential information” in ORS 696.800 (Definitions).(d)
The affirmative duties and responsibilities of a seller’s agent under ORS 696.805 (Real estate licensee as seller’s agent).(e)
The affirmative duties and responsibilities of a buyer’s agent under ORS 696.810 (Real estate licensee as buyer’s agent).(f)
The affirmative duties and responsibilities of a disclosed limited agent who represents both the buyer and the seller in a transaction under ORS 696.815 (Representation of both buyer and seller).(g)
The following statement to the consumer, “Whether you are a buyer or seller, you cannot make a licensee your agent without the licensee’s knowledge and consent, and an agent cannot make you a client without your knowledge and consent.”(6)
The Real Estate Agency will make available a sample of an initial agency disclosure pamphlet that complies with section (5) of this rule on the Agency’s website.
Source:
Rule 863-015-0215 — Initial Agency Disclosure Pamphlet, https://secure.sos.state.or.us/oard/view.action?ruleNumber=863-015-0215.