Title 52, Occupations and Professions

The Real Estate Marketing Account is established as an account in the General Fund of the State Treasury. All moneys received by the Real Estate Agency pursuant to ORS 696.392, 696.600 to 696.785 and 696.995 shall be paid into the State Treasury and credited to the account. All m…

(1) Every nonresident real estate marketing organization, at the time of licensing, shall file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the nonresident organization in this state arising out of a violation of any pr…

(1) The Real Estate Commissioner may make an on-site inspection of any real estate marketing organization. (2) When an on-site inspection under subsection (1) of this section is to be made, the commissioner may require the organization to advance a deposit not to exceed $200 per …

As used in ORS 696.650 to 696.670 and 696.997: (1) “Market” means to advertise, or contract with another person or entity to advertise, or to solicit purchasers for the purchase of property either publicly or privately. (2) “Residential property” means real property zoned for res…

(1) Except as provided in subsections (4) and (6) of this section, a person may not engage in residential property wholesaling unless that person, or, if that person is an entity, the individual conducting residential property wholesaling activity on that person’s behalf, is regi…

(1) The Real Estate Agency may issue a residential property wholesaler registration only to an individual. (2) In accordance with any applicable provisions of ORS chapter 183, the Real Estate Commissioner shall establish by rule a system to register residential property wholesale…

The Real Estate Commissioner, with the approval of the Oregon Department of Administrative Services, may prescribe the fees that the Real Estate Agency may charge for activities listed under this section, subject to the following maximum amounts: (1) For initial issuance of resid…

(1) Residential property wholesalers shall provide a residential property wholesaler written disclosure: (a) To any potential buyers and sellers before entering into a written contract for a residential property wholesale transaction; (b) To any individual licensed under ORS 696.…

The Real Estate Commissioner may suspend or revoke registration of any residential property wholesaler, deny the issuance or renewal of registration to an applicant, or prohibit an individual licensed under ORS 696.022 from engaging in residential property wholesaling as otherwis…

(1) The Real Estate Commissioner may investigate either upon complaint or otherwise whenever it appears that a person has conducted residential property wholesaling in violation of ORS 696.653 to 696.665. (2) If upon investigation it appears that the person has violated a provisi…

(1) Whenever the Real Estate Commissioner finds that a person is offering to engage in residential property wholesaling activity without registering as a residential property wholesaler and the person is required to register under ORS 696.653, the commissioner may, subject to ORS…

(1) A real estate broker or principal real estate broker conducting professional real estate activity within this state may not bring or maintain any action for the collection of compensation without alleging and proving that the individual was a real estate licensee when the all…

The remedies provided for in ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995 are in addition to and not exclusive of any other remedies provided by law.

Any court of competent jurisdiction, including a justice court, has full power to hear any violation of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995 by an individual licensed under ORS 696.022, 696.650 to 696.670 and 696.997, and, upon finding a viol…

The lapsing, expiration, revocation or suspension of a real estate license, whether by operation of law, order of the Real Estate Commissioner or decision of a court of law, or the inactive status of the license or voluntary surrender of the license by the real estate licensee, d…

(1) When the Real Estate Commissioner ascertains by audit, investigation or otherwise that a real estate licensee has commingled trust funds with personal funds or has embezzled trust funds and that such activity is likely to cause significant financial loss to others as a result…

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Real Estate Commissioner may require the fingerprints of an individual who: (1) Is applying for a license, or renewal of a license, under this chapter; or (2)(a)(A) Is employed or a…

(1) For the purpose of an investigation or proceeding under this chapter, the commissioner may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other…

As used in ORS 696.392, 696.600 to 696.785, 696.800 to 696.870 and 696.995, unless the context requires otherwise: (1) “Agent” means: (a) A managing principal broker who has entered into: (A) A listing agreement with a seller; (B) A representation agreement with a buyer to repres…

(1) A real estate licensee representing a seller in a transaction is required to act under a written listing agreement with the seller. The listing agreement must: (a) Be entered into before the real estate licensee begins offering the property for sale or making efforts to find …

(1) A real estate licensee representing a buyer is required to act under a written representation agreement with the buyer. The representation agreement must: (a) Be entered into before, or as soon as reasonably practicable after, the licensee has commenced efforts to assist the …

(1) A real estate licensee may represent both the seller and the buyer in a real estate transaction as a disclosed limited agent under a disclosed limited agency agreement, with full disclosure of the relationship under the agreement. The real estate licensee must also have a wri…

(1) The Real Estate Commissioner shall prescribe by rule the format and content of an initial agency disclosure pamphlet. The rules must provide that the initial agency disclosure pamphlet is informational only and may not be construed to be evidence of intent to create an agency…

(1) A principal is not liable for an act, error or omission by an agent or subagent of the principal arising out of an agency relationship established under ORS 696.805, 696.810, 696.815 or 696.820: (a) Unless the principal participates in or authorizes the act, error or omission…

None of the affirmative obligations of a real estate licensee or agent in a real estate transaction under ORS 696.805, 696.810 or 696.815 relieves a seller or a buyer from the responsibility to protect the seller’s or buyer’s own interests respectively. [1993 c.570 §9] Note: See …

The payment of compensation or the obligation to pay compensation to a real estate licensee by the seller or the buyer is not necessarily determinative of a particular agency relationship between a real estate licensee and the seller or the buyer. After full disclosure of agency …

When signing an offer to purchase, each buyer shall acknowledge the existing agency relationships, if any. When a seller accepts or rejects an offer to purchase in writing, each seller shall acknowledge the existing agency relationships, if any. An agent to the real property tran…

(1) ORS 696.301, 696.392, 696.600 to 696.785, 696.890 and 696.995 do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief. (2) Common law and statutory remedie…

(1)(a) A real estate licensee representing a seller of real property has a duty to inform each represented seller of the seller’s duties created by this section and ORS 105.462 to 105.490 and 696.301. (b) A real estate licensee representing a buyer of real property has a duty to …

Nothing in ORS 163A.005 to 163A.235, 696.301, 696.805, 696.810, 696.815 or 696.855 creates an obligation on the part of a person licensed under this chapter to disclose to a potential purchaser of residential property that a sex offender registered under ORS 163A.010, 163A.015, 1…

(1) As used in this section: (a) “Management of rental real estate” has the meaning given that term in ORS 696.010. (b) “Property management agreement” has the meaning given that term in ORS 696.010. (c) “Real estate property manager” has the meaning given that term in ORS 696.01…

(1) Violation of any provision of ORS 696.010 to 696.130, 696.200, 696.205, 696.241 to 696.375, 696.392, 696.395 to 696.430, 696.490, 696.600 to 696.785 and 696.995 is a Class A misdemeanor. (2) Any officer, director or shareholder or agent of a corporation, or member or agent of…

(1) Any person who violates ORS 696.603, 696.606 or 696.612 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 t…

(1) Knowingly violating any of the provisions of ORS 696.653, 696.662 or 696.665 is a Class A misdemeanor. (2) Any officer, director, shareholder, member, manager or agent of a corporation, limited liability company, partnership or association, who personally participates in or i…

As used in ORS 697.005 to 697.095: (1)(a) “Collection agency” means: (A) A person that engages directly or indirectly in soliciting a claim for collection, or collecting or attempting to collect a claim that is owed, due or asserted to be owed or due to another person or to a pub…

A person shall not operate as a collection agency in this state unless the person registers with the Department of Consumer and Business Services under ORS 697.031 and maintains the registration in accordance with that section. [1981 c.85 §3; 1995 c.622 §2]

(1)(a) The Director of the Department of Consumer and Business Services shall establish by rule a program for registering persons that operate as collection agencies that must register with the Department of Consumer and Business Services under ORS 697.015. The department shall r…

(1) The Director of the Department of Consumer and Business Services may refuse to issue or renew or may revoke or suspend any registration under ORS 697.031 if the director determines that: (a) Any information a person files with the director under ORS 697.031 is false or untrut…

(1) A registered collection agency has a property right in any claim or account assigned to the agency in writing for collection. Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the registered colle…

The provisions of ORS 697.015 and 697.031 are exclusive and no political subdivision or agency of this state may require of a collection agency any registration, license or fee for any collection agency duly registered under ORS 697.015 and 697.031. Nothing in this section limits…

(1) Except as provided in subsection (9) of this section, every collection agency shall keep a record of all sums collected by it, and of all disbursements made by it, and shall maintain and keep all such records and all customers’ funds within this state. Collection agencies sha…

(1) When the Director of the Department of Consumer and Business Services revokes a registration, the director may take possession of all business records and all bank accounts of the registrant and retain possession of them pending the further proceedings specified in this secti…

The Director of the Department of Consumer and Business Services may adopt rules for the administration and enforcement of ORS 697.005 to 697.095, 697.105 and 697.115. [1983 c.69 §5; 2005 c.338 §12]

(1) The Director of the Department of Consumer and Business Services shall adopt rules that regulate the practices of a collection agency that enters into an agreement with an obligee to collect child support payments as provided in ORS 25.020. (2) The rules adopted by the direct…

(1) Any person injured as a result of the violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $200, whichever is greater. The court…

(1) A person who violates any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 shall not charge or receive any fee or compensation on any moneys received or collected while in violation of any provision of ORS 697.015 or 697.058 or any rule ado…