The Disclosure Delivery Dilemma

Attaching the Seller’s Property Disclosure Statement to the MLS listing does not count as delivery to the buyer. Under ORS 105.485, “The burden of proof of lawful delivery of a seller’s property disclosure statement and any amendment thereto is on the seller.” Making the document viewable online does not establish proof of delivery. The Oregon Real Estate Agency has disciplined agents who relied on posting the statement in the MLS instead of properly delivering it to the buyer.

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