Property Rights

ORS 105.465
Application of ORS 105


The provisions of ORS 105.462 (Definitions for ORS 105) to 105.490 (Effect of ORS 105), 696.301 (Grounds for discipline) and 696.870 (Duties of real estate licensee under ORS 105):


Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer’s spouse, parent or child:


Real property consisting of or improved by one to four dwelling units;


A condominium unit as defined in ORS 100.005 (Definitions) and not subject to disclosure under ORS 100.705 (Sale prohibited prior to issuance of disclosure statement);


A timeshare property as defined in ORS 94.803 (Definitions for ORS 94) and not subject to disclosure under ORS 94.829 (Sale not allowed before issuance of public report); and


A manufactured dwelling, as defined in ORS 446.003 (Definitions for ORS 446), that is owned by the same person who owns the land upon which the manufactured dwelling is situated.


Do not apply to a leasehold in real property.


Except as provided in ORS 105.475 (Buyer’s statement of revocation of offer) (4), a seller shall complete, sign and deliver a seller’s property disclosure statement as set forth in ORS 105.464 (Form of seller’s property disclosure statement) to each buyer who makes a written offer to purchase real property in this state. [1993 c.547 §1; 1997 c.816 §15; 1999 c.307 §24; 1999 c.677 §65; 2001 c.300 §74; 2003 c.328 §1]

Notes of Decisions

Voluntary disclosure statement does not create special relationship allowing action for negligence. Cameron v. Harshbarger, 165 Or App 353, 998 P2d 221 (2000)


Last accessed
Mar. 11, 2023