What Do you Have to Disclose When Selling a House in Oregon?

Published on August 26th, 2022

Filling out an accurate seller's property disclosure statement when selling your home in Oregon is vital to a successful sale. But what needs to be filled out on the property disclosure statement?

Answering the yes no unknown questions about material defects affecting the home might sound easy, but it can prove to be challenging with older residential property.

Working with a trusted local real estate agent who knows what a prospective buyer will be looking for and is familiar with both state and federal disclosures will be essential.

Can a Buyer Waive a Disclosure Statement?

Yes, a buyer can waive the right to a property disclosure statement or property disclosure. If a buyer waives their rights to a disclosure statement, they can proceed with a written offer to purchase the home.

This is not always a good idea. Waiving an Oregon property disclosure statement makes it hard for buyers to learn of any other material defects affecting the home and its future value.

What You Need to Disclose on your Property Disclosure

On both a state and federal level, a disclosure statement is required based on a seller's actual knowledge of the property before a sale agreement becomes final.

A property disclosure statement or property disclosure will go over property defects about the dwelling systems and dwelling structure, allowing a buyer to pay diligent attention to the details of this form for any issues before submitting a written offer on the home.

Each disclosure item will have its own line number on the disclosure statement. Some of the defects that would be disclosed on the seller's disclosure statement include:

• Information about plumbing systems such as an outdoor sprinkler system.
• If there are any defective insulated doors at the property.
• If your home is connected to a community sewage system or if any community sewage systems proposed to the property.
• If your home is part of any joint maintenance agreements.
• The presence of any lead based paint.
• If there has ever been any illegal drug manufacturing on the property.
• Status of the dwelling insulation.
• The presence of any chemical storage tanks.
• If there is an on site septic system.
• Installation permit for additions
• Existing governmental assessments



If a seller fails to disclose information on the property disclosure statement or disclosure statement about the subject real property in the time prior to a home inspection or closing, there can be consequences.

Legal Consequences of Not Disclosing Information Based on Oregon Law

If information about the property is not properly disclosed or a specific form completely ignored, like a lead paint addendum that needs a buyer's acknowledgment on a property subject, and information is discovered during a home inspection, then there can be consequences.

Certified home inspectors have a duty on the buyer's behalf to disclose any information they find during a home inspection to validate the home's purchase price and structural integrity.

Prospective buyers are encouraged by any real estate licensee engaged in a transaction to have a home inspection.

A Buyer Acknowledges there Might be Gaps in Information on the Disclosure Statement and So Do Real Estate Licensees

If it is found that a seller is lying and that the disclosures contained false information with the final inspection obtained information, a buyer can choose to back out of the sale agreement.

A real estate agent will send over a statement stating that the buyer's offer expires due to these conditions, with a written statement waiving any further interest in the property.

A separate signed written statement revoking interest in the property if the discovered issues were repaired may also be included.

Selling your home can be challenging, but it's a seller's choice to work with a real estate agent, an escrow agent, or a qualified attorney to help them along the way. If you're specifically selling fire damaged property in Oregon, it's important to consider seeking guidance from professionals familiar with the unique aspects of this situation.

By utilizing diligent attention to all the forms you are presented with, including a property disclosure statement or other disclosure statement, you can ensure a smooth transaction.