ORS 696.990
Penalties
Amended by HB 4103
Effective since January 1, 2023
Relating to real estate activity; creating new provisions; and amending ORS 696.990.
(1)
Violation of any provision of ORS 696.010 (Definitions) to 696.130 (Effect of revocation of license), 696.200 (Main office), 696.205 (Death or incapacity of sole principal real estate broker or sole licensed real estate property manager), 696.241 (Clients’ trust accounts) to 696.375 (Real Estate Agency), 696.392 (Power of commissioner to administer oaths, take depositions and issue subpoenas), 696.395 (Power of commissioner) to 696.430 (Records of commissioner as evidence), 696.490 (Real Estate Account), 696.600 (Definitions for ORS 696.392, 696.600 to 696.785 and 696.995) to 696.785 (Commissioner duties when illegal commingling of funds found) and 696.995 (Civil penalties for violation of ORS 696.603, 696.606 or 696.612) is a Class A misdemeanor.(2)
Any officer, director or shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation of ORS 696.010 (Definitions) to 696.130 (Effect of revocation of license), 696.200 (Main office), 696.205 (Death or incapacity of sole principal real estate broker or sole licensed real estate property manager), 696.241 (Clients’ trust accounts) to 696.375 (Real Estate Agency), 696.392 (Power of commissioner to administer oaths, take depositions and issue subpoenas), 696.395 (Power of commissioner) to 696.430 (Records of commissioner as evidence), 696.490 (Real Estate Account), 696.600 (Definitions for ORS 696.392, 696.600 to 696.785 and 696.995) to 696.785 (Commissioner duties when illegal commingling of funds found) and 696.995 (Civil penalties for violation of ORS 696.603, 696.606 or 696.612) by the partnership, association or corporation, is subject to the penalties prescribed in subsection (1) of this section.(3)
A violation of any one of the provisions of ORS 696.505 (Definitions for ORS 696.505 to 696.590) to 696.590 (Penalty amounts) is a Class A misdemeanor.(4)
Any person that violates ORS 696.020 (License required for individuals engaged in professional real estate activities) (2) may be required by the Real Estate Commissioner to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the commissioner of:(a)
Not less than $100 nor more than $500 for the first offense of unlicensed professional real estate activity; and(b)
Not less than $500 nor more than $1,000 for the second and subsequent offenses of unlicensed professional real estate activity.(5)
In addition to the civil penalty set forth in subsection (4) of this section, any person that violates ORS 696.020 (License required for individuals engaged in professional real estate activities) may be required by the commissioner to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the commissioner but not to exceed the amount by which such person profited in any transaction that violates ORS 696.020 (License required for individuals engaged in professional real estate activities).(6)
Intentionally left blank —Ed.(a)
Except as provided in paragraph (b) of this subsection, a real estate licensee who is a real estate property manager or principal real estate broker and who is engaging in or who has engaged in the management of rental real estate may be required to forfeit and pay to the General Fund of the State Treasury a civil penalty of up to $1,000 per day of violation, or a lesser penalty in an amount determined by the commissioner, if the licensee fails to comply with rules that require the licensee to produce for inspection records related to the management of rental real estate that are maintained by the licensee as provided by ORS 696.280 (Records of licensed real estate property managers and real estate brokers).(b)
A civil penalty imposed under this subsection may not exceed $10,000.(7)
Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).(8)
The civil penalty provisions of subsections (4) to (6) of this section are in addition to and not in lieu of the criminal penalties for unlicensed professional real estate activity in subsections (1) and (2) of this section.(9)
For the purposes of subsection (4) of this section, any violation of ORS 696.020 (License required for individuals engaged in professional real estate activities) (2) that results from a failure of a real estate licensee to renew a license within the time allowed by law constitutes a single offense of unlicensed professional real estate activity for each 30-day period after expiration of the license during which the individual engages in professional real estate activity. A civil penalty imposed for a violation of ORS 696.020 (License required for individuals engaged in professional real estate activities) (2) that results from a failure of a real estate licensee to renew a license within the time allowed by law is not subject to the minimum dollar amounts specified in subsection (4) of this section.(10)
Subsection (5) of this section does not apply to a violation of ORS 696.020 (License required for individuals engaged in professional real estate activities) (2) that results from a failure of a real estate licensee to renew a license within the time allowed by law. [Subsection (3) enacted as 1963 c.440 §18; 1977 c.649 §50; 1981 c.617 §34; 1989 c.724 §11; 1991 c.734 §86; 2001 c.300 §68; 2005 c.116 §17; 2005 c.393 §8; 2007 c.319 §23; 2009 c.224 §7]
Source:
Section 696.990 — Penalties, https://www.oregonlegislature.gov/bills_laws/ors/ors696.html.
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