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.
[ED. NOTE: Forms referenced are available from the agency.]

Source: Rule 863-015-0215 — Initial Agency Disclosure Pamphlet, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=863-015-0215.

Last Updated

Jun. 24, 2021

Rule 863-015-0215’s source at or​.us