ORS 92.405
Sale prohibited where public report not waived

  • distribution and use of public report

(1)

Unless the making of a public report has been waived, a person may not sell or lease a lot, parcel or interest in a subdivision or series partition prior to the issuance of the report.

(2)

A copy of the public report, when issued, must be given to the prospective purchaser by the subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or developer, prior to the execution of a binding contract or agreement for the sale or lease of a lot, parcel or interest in a subdivision or series partition. The subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or developer, shall take a receipt from the prospective purchaser or lessee upon delivery of a copy of the Real Estate Commissioner’s public report. The receipt must be kept on file within this state in the possession of the subdivider, series partitioner or developer subject to inspection by the commissioner for a period of three years from the date the receipt is taken.

(3)

The commissioner’s public report may not be used for advertising purposes unless the report is used in its entirety. No portion of the report shall be underscored, italicized or printed in larger or heavier type than the balance of the report unless the true copy of the report so emphasizes such portion.

(4)

The commissioner may furnish at cost copies of the public report for the use of subdividers, series partitioners and developers.

(5)

The requirements of this section extend to lots, parcels or other interests sold by the subdivider, series partitioner or developer after repossession.

(6)

In addition to other sanctions provided by law, a violation of subsection (1), (2) or (3) of this section is an unlawful practice subject to ORS 646.608 (Additional unlawful business, trade practices). [1974 c.1 §10; 1975 c.643 §7; 1977 c.809 §9; 1983 c.570 §17; 2005 c.799 §1; 2007 c.71 §25]

Source: Section 92.405 — Sale prohibited where public report not waived; distribution and use of public report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html (accessed May 26, 2025).

92.010
Definitions for ORS 92.010 to 92.192 92.012
Compliance with ORS 92.010 to 92.192 required 92.014
Approval of city or county required for specified divisions of land 92.016
Sale or negotiation to sell lot or parcel prior to approval of tentative plan 92.017
Lawfully created units of land 92.018
Buyer’s remedies for purchase of improperly created unit of land 92.025
Prohibition of sale of lot or parcel prior to recordation of plat 92.027
Deed reference to creation of unit of land 92.031
Middle housing land division 92.040
Application for approval of subdivision or partition 92.042
Governing body having jurisdiction to approve plans, maps or plats 92.044
Adoption of standards and procedures governing approval of plats and plans 92.046
Adoption of regulations governing approval of partitioning of land 92.048
Procedure for adoption of regulations under ORS 92.044 and 92.046 92.050
Requirements of survey and plat of subdivision and partition 92.055
Requirements for unsurveyed and unmonumented parcels on plats 92.060
Marking subdivision, partition or condominium plats with monuments 92.065
Monumenting certain subdivision corners after recording plat 92.070
Surveyor’s certificates 92.075
Declaration required to subdivide or partition property 92.080
Preparation of plat 92.090
Approval of subdivision plat names 92.095
Payment of taxes, interest or penalties before subdivision or partition plat recorded 92.097
Employment of registered engineer by private developer 92.100
Approval of plat by city or county surveyor 92.103
Notice to district of tentative plan 92.104
District to report boundary locations 92.105
Time limit for final action by city or county on tentative plan 92.120
Recording plats 92.130
Additional tracings transferred to county surveyor 92.140
Indexing of plats 92.150
Construction of donations marked on plat 92.160
Notice to Real Estate Commissioner of receipt of subdivision plat 92.170
Amending recorded plat 92.175
Methods by which certain land may be provided for public purposes 92.176
Validation of unit of land not lawfully established 92.177
Creation of parcel by less than all owners of lawfully established unit of land 92.178
Creation of parcel previously approved but not acted upon 92.179
Liability for costs of relocating utility facilities 92.180
Authority to review replats 92.185
Reconfiguration of lots or parcels and public easements 92.190
Effect of replat 92.192
Property line adjustment 92.205
Policy 92.215
Review authorized 92.225
Review of undeveloped or developed subdivision plat lands 92.234
Revision, vacation of undeveloped subdivisions 92.245
Fees for review proceedings resulting in modification or vacation 92.285
Retroactive ordinances prohibited 92.305
Definitions for ORS 92.305 to 92.495 92.313
Policy 92.317
Policy 92.325
Application of ORS 92.305 to 92.495 92.337
Exemption procedures 92.339
Use of fees 92.345
Notice of intention 92.355
Commissioner may request further information 92.365
Filing information to be kept current 92.375
Consent to service of process on commissioner 92.377
Written notice to land division applicant 92.385
Examination 92.395
Waiver of examination in this state 92.405
Sale prohibited where public report not waived 92.410
Review of subdivisions for which public report issued 92.415
Advance of travel expense for examination of subdivision or series partition 92.425
Conditions prerequisite to sale 92.427
Cancellation of agreement to buy interest in subdivision or series partition 92.430
Notice to purchaser of cancellation rights 92.433
Escrow documents required of successor to vendor’s interest 92.455
Inspection of records 92.460
Blanket encumbrance permitted only in certain circumstances 92.465
Fraud and deceit prohibited 92.475
False or misleading advertising prohibited 92.485
Waiver of legal rights void 92.490
Civil penalty 92.495
Cease and desist order 92.830
Definitions for ORS 92.830 to 92.845 92.832
Policy 92.835
Subdivision of manufactured dwelling park or mobile home park 92.837
Application of city or county comprehensive plans and land use regulations 92.839
Notice to tenants of conversion and tenants’ rights during conversion 92.840
Sale of subdivision lots 92.843
Approval of declaration or amendment to declaration made pursuant to ORS 92.845 92.845
Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes 92.990
Penalties

Current through early 2026

§ 92.405. Sale prohibited where public report not waived's source at oregon​.gov