Chapter 696 — Chapter 696
198 sections in this chapter.
ORS 696.005 [1963 c.580 §39; repealed by 1965 c.617 §8]
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REAL ESTATE LICENSEES (Generally)
ORS 696.007 Statement of legislative purpose. (1) The Sixty-second Legislative Assembly recognizes that notwithstanding amendments made to ORS chapter 696 by sections 9, 17, 19, 23, 25, 27 to 30, 32 and 40 to 43, chapter 649, Oregon Laws 1977, section 40, chapter 617, Oregon Laws 1981, and amendments made to ORS chapter 656 by chapter 864, Oregon Laws 1979, section 1, chapter 725, Oregon Laws 1981, and section 4, chapter 854, Oregon Laws 1981, agencies of this state are uncertain regarding application to real estate licensees of statutes of this state relating to employers and employees. This section and ORS 316.209 and 656.037 are enacted to eliminate that uncertainty, to reaffirm the legislative intent of the enactments cited in this section and to conform Oregon law to parallel provisions of the Internal Revenue Code
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(2) Nothing in this section and ORS 316.209 and 656.037 shall be construed to impair or invalidate any claim of refund or defense against collection of any tax, which claim or defense is asserted by a taxpayer who has services performed by an individual who does not meet the requ…
ORS 696.010 Definitions. As used in ORS 696.010 to 696.495, 696.600 to 696.785, 696.650 to 696.670, 696.800 to 696.870, 696.990, 696.995 and 696.997, unless the context requires otherwise
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(1) “Associated with” means to be employed, engaged or otherwise supervised by, with respect to the relationship between: (a) A real estate broker and a managing principal broker; (b) A licensed real estate property manager and a managing principal broker; or (c) A licensed real …
ORS 696.015 Legislative finding; short title. (1) The Legislative Assembly finds the activity of persons seeking to assist others, for compensation, to deal in real estate in this state to be a matter of public concern. The provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 are enacted to assist in creating for the public a healthy real estate market atmosphere and to assure that professional real estate activity is conducted with high fiduciary standards
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(2) ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 may be cited as the Oregon Real Estate License Law. [1977 c.649 §2] (Licensing)
ORS 696.020 License required for individuals engaged in professional real estate activities; exception; rules. (1) The Real Estate Agency may issue a real estate license only to an individual
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(2) An individual may not engage in, carry on, advertise or purport to engage in or carry on professional real estate activity, or act in the capacity of a real estate licensee, within this state unless the individual holds an active license as provided for in this chapter. (3) R…
ORS 696.022 Licensing system for real estate professionals; rules. (1) The Real Estate Agency shall establish by rule a system for licensing real estate brokers, principal real estate brokers, licensed real estate property managers and timeshare sales agents. The system shall establish, at a minimum
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(a) The form and content of applications for licensing under each category of real estate professional licensed by the agency; (b) A licensing examination for each category of license; (c) Schedules and procedures for issuing and renewing licenses, including limited licenses unde…
ORS 696.024 Payments due and owing to Real Estate Agency. To qualify for a real estate license under ORS 696.022 or to renew an active or inactive real estate license, the applicant must make full payment of any unpaid moneys due and owing to the Real Estate Agency, including any unpaid civil penalties assessed under a final order of the Real Estate Commissioner. [2001 c.300 §15]
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Note: See note under 696.022.
ORS 696.025 [1977 c.649 §8a; 1981 c.617 §3; 1987 c.468 §2; 1987 c.611 §13; 1989 c.724 §2; 1991 c.5 §27; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.026 Registration and renewal of business names; rules. (1) The Real Estate Agency shall establish by rule systems for the registration and renewal of business names
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(2) The registration system must: (a) Require the physical address associated with a registered business name to be the main office of a managing principal broker or licensed real estate property manager; (b) Require the registered business name to be: (A) The corporate name, pro…
ORS 696.028 [2001 c.300 §30; repealed by 2009 c.324 §10]
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[Repealed or reserved.]
ORS 696.030 Exemptions. ORS 696.010 to 696.375, 696.392, 696.395 to 696.430, 696.490, 696.600 to 696.785, 696.990 and 696.995 do not apply to
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(1)(a) A nonlicensed individual who is a full-time employee of an owner of real estate and whose real estate activity: (A) Involves only the real estate of the employer; and (B)(i) Is incidental to the employee’s normal, nonreal estate activities; or (ii) Is the employee’s princi…
ORS 696.040 Single act sufficient to constitute professional real estate activity. One act or transaction of professional real estate activity is sufficient to constitute engaging in professional real estate activity, within the meaning of this chapter. [Amended by 1955 c.322 §8; 1977 c.649 §12]
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[Repealed or reserved.]
ORS 696.050 [Amended by 1955 c.322 §9; 1961 c.471 §1; 1963 c.412 §1; 1969 c.515 §1; 1969 c.674 §3; 1971 c.671 §1; 1973 c.416 §3; 1973 c.827 §78; 1974 c.36 §21; 1975 c.746 §3; 1977 c.191 §1; 1977 c.649 §13; 1981 c.617 §5; 1983 c.258 §1; 1989 c.532 §6; 1989 c.724 §3; 1991 c.5 §29; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.060 [Amended by 1975 c.746 §4; 1977 c.649 §14; 1981 c.617 §6; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.070 [Amended by 1963 c.412 §2; repealed by 1977 c.649 §53 and 1977 c.842 §17]
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[Repealed or reserved.]
ORS 696.080 [Amended by 1975 c.746 §5; 1977 c.649 §15; 1981 c.617 §6a; 1987 c.611 §14; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.085 [1991 c.462 §2; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.090 [Amended by 1955 c.322 §10; repealed by 1977 c.649 §16 and 1977 c.842 §17 (694.169 enacted in lieu of 696.090)]
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[Repealed or reserved.]
ORS 696.100 [Amended by 1963 c.412 §3; 1977 c.649 §17; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.110 Exclusive nature of regulation of real estate licensees. The provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995 shall be exclusive and no political subdivision or agency of this state shall require or issue any license or charge any fee for licensing or regulation of individuals licensed under ORS 696.022. Nothing in this section shall limit the authority of a county, city or town to levy and collect a general and nondiscriminatory license fee upon all businesses in the county, city or town or to levy a tax based upon the business conducted by any licensee or firm within the county, city or town. [Amended by 1955 c.322 §11; 1961 c.309 §3; 1965 c.617 §2; 1975 c.746 §1b; 2001 c.300 §12; 2007 c.319 §22]
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[Repealed or reserved.]
ORS 696.120 [Amended by 1977 c.649 §18; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.125 Limited license. (1) The Real Estate Commissioner may issue a limited license to an applicant for a license as a real estate broker, principal real estate broker, real estate property manager or timeshare sales agent if the commissioner determines that the issuance is in the public interest. The commissioner may limit a license issued under this section
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(a) By term; (b) To acts subject to the supervision of a specific managing principal broker; (c) By conditions to be observed in the exercise and the privileges granted; or (d) In other ways determined by the commissioner as necessary or appropriate to protect the public. (2) A l…
ORS 696.130 Effect of revocation of license; limited license. (1)(a) If the license of a real estate broker, principal real estate broker or timeshare sales agent is revoked by the Real Estate Commissioner on grounds related to professional real estate activity other than the management of rental real estate, the commissioner may not issue a new license until the individual complies with the provisions of ORS 696.010 to 696.495, 696.600 to 696.785 and 696.800 to 696.870
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(b) If the license of a licensed real estate property manager is revoked by the commissioner, or if the license of a real estate broker or principal real estate broker is revoked by the commissioner, on grounds related to the management of rental real estate, the commissioner may…
ORS 696.140 [Amended by 1961 c.471 §2; 1963 c.412 §4; 1973 c.416 §5; repealed by 1975 c.746 §10 (696.141 enacted in lieu of 696.140)]
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[Repealed or reserved.]
ORS 696.141 [1975 c.746 §11 (enacted in lieu of 696.140); 1977 c.649 §51; 1979 c.243 §1; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.150 [Amended by 1977 c.649 §20; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.160 [Amended by 1969 c.674 §5; 1975 c.746 §12; 1977 c.649 §21; 1987 c.611 §16; 1989 c.724 §4; 1991 c.5 §31; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.162 [1975 c.746 §8; 1977 c.190 §1; 1977 c.649 §22; 1981 c.617 §8; 1987 c.468 §3; repealed by 1991 c.5 §46]
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[Repealed or reserved.]
ORS 696.165 [1953 c.166 §4; 1969 c.674 §6; 1977 c.649 §23; 1981 c.617 §8a; 1991 c.5 §32; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.167 [1975 c.746 §9; 1977 c.649 §24; repealed by 1981 c.617 §41]
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[Repealed or reserved.]
ORS 696.169 [1977 c.649 §16a (enacted in lieu of 696.090); 1989 c.724 §5; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.170 [Amended by 1955 c.322 §13; repealed by 1969 c.674 §20]
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[Repealed or reserved.]
ORS 696.172 [1969 c.674 §9; repealed by 1975 c.746 §34]
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[Repealed or reserved.]
ORS 696.174 License renewal; reactivation; continuing education courses; rules. (1) To renew an active license or to reactivate a license for the first time since the license was renewed to an inactive status, a real estate licensee, other than a timeshare sales agent, must complete 30 hours of real estate continuing education courses that are eligible for credit under ORS 696.182 during the two years preceding the renewal or reactivation. The 30 hours must include
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(a) At least two hours in a course approved by the Real Estate Board on recent changes in real estate rule and law; (b) At least two hours in a course approved by the Real Estate Board on state and federal fair housing laws; and (c)(A) If the real estate broker is renewing an act…
ORS 696.176 [1969 c.674 §10; 1975 c.746 §13; 1977 c.649 §26; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.180 [Amended by 1977 c.649 §27; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.182 Continuing education; rules. (1) The Real Estate Agency, with advice from real estate professionals and educators, shall establish by rule a system for certification and renewal of real estate continuing education providers
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(2) The agency shall include in the rules that an applicant for certification under this section must be: (a) A main office or branch office, with a registered business name as provided under ORS 696.026, of a licensed real estate property manager or managing principal broker; (b…
ORS 696.184 Duties of continuing education provider; rules. (1) A real estate continuing education provider shall
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(a) Ensure that the courses offered by the continuing education provider meet the learning objectives adopted under ORS 696.182 (4)(b); (b) Ensure that instructors who teach a real estate continuing education course meet the requirements set forth in ORS 696.186; and (c) Keep rec…
ORS 696.186 Qualifications of continuing education instructors; rules. (1) A person must have one of the following qualifications to teach a real estate continuing education course that is eligible for credit required under ORS 696.174
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(a) A bachelor’s degree and two years of experience working in a field related to the topic of the course; (b) Six years of experience working in a field related to the topic of the course; (c) A total of six years of any combination of college-level coursework and experience wor…
ORS 696.190 [Amended by 1977 c.649 §28; repealed by 1981 c.617 §41]
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[Repealed or reserved.]
ORS 696.200 Main office; branch offices; change of business location. (1) A licensed real estate property manager or managing principal broker shall
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(a) Establish and maintain in this state a place of business designated as the real estate licensee’s main office; (b) Register the main office with the Real Estate Agency under a registered business name as provided in ORS 696.026; (c) Designate the main office by a sign that co…
ORS 696.205 Death or incapacity of sole principal real estate broker or sole licensed real estate property manager; temporary license; rules. (1) If a real estate licensee who is the sole principal real estate broker or sole licensed real estate property manager of a registered business name dies or becomes incapacitated, the Real Estate Commissioner may issue a temporary license to the executor, administrator or personal representative of the estate of the deceased real estate licensee or to the court-appointed fiduciary of the incapacitated real estate licensee, or to some other individual designated by the commissioner. The commissioner shall determine whether the temporary licensee may continue to conduct the professional real estate activity of the real estate licensee or may wind up the affairs of the real estate licensee. The term of a temporary license issued under this section may not exceed one year from the date of issuance unless the commissioner, in the discretion of the commissioner, extends the term of the temporary license based on sufficient cause provided by the temporary licensee to the commissioner
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(2) The Real Estate Agency may adopt administrative rules to administer this section or to authorize an individual to conduct or wind up the professional real estate activity on behalf of the deceased or incapacitated principal real estate broker or licensed real estate property …
ORS 696.210 [Amended by 1977 c.649 §30; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.220 [Repealed by 1955 c.322 §15]
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[Repealed or reserved.]
ORS 696.221 [1955 c.322 §4; 1969 c.674 §12; 1977 c.649 §31; 1983 c.258 §2; 1991 c.5 §34; 2001 c.300 §18; repealed by 2005 c.116 §24]
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[Repealed or reserved.]
ORS 696.224 [1955 c.322 §5; 1969 c.674 §13; 1977 c.649 §32; 1983 c.258 §3; 1989 c.724 §12; 1991 c.5 §35; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.226 [1955 c.322 §2; 1977 c.649 §33; 1983 c.258 §4; 1991 c.5 §36; 2001 c.300 §19; repealed by 2005 c.116 §24]
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[Repealed or reserved.]
ORS 696.228 [1969 c.674 §8; 1977 c.649 §34; 1983 c.258 §5; repealed by 2001 c.300 §84]
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[Repealed or reserved.]
ORS 696.230 [Repealed by 1969 c.674 §21]
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[Repealed or reserved.]
ORS 696.232 License status of employee of agency; reissuance upon termination of employment. (1) The license status of a real estate licensee employed by the Real Estate Agency shall be placed on hold at the time that the real estate licensee commences employment with the agency. At the termination of the employment, the license may be returned to the real estate licensee as an active or inactive license. The agency shall activate a license placed on hold without payment of further fee, and the license expires on the date on which it would have expired if the license had not been placed on hold
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(2) During the time of employment at the agency, the employee may not conduct professional real estate activity. (3) Except as stated in subsection (1) of this section, the real estate licensee is subject to the provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to…