


OREF 013 – Assignment & Assumption of Sale Agreement
When assigning a sale agreement to a new buyer or adding an additional buyer, it is essential to ensure that all parties are fully aware of their rights and responsibilities. OREF’s new form, Assignment and Assumption of Sale Agreement, provides a clear and effective way

Backup Offers 101: What They Are, How to Proceed, and Whether They’re a Good Idea
Q: A buyer I am working with recently decided to make an offer on a property I showed them. Unfortunately, the property went pending in the MLS before we could make the offer. I called the listing agent, who said the seller would consider “backup

When Clients Go Against Your Advice: Protect Yourself, Uphold Your Duties, and Know When to Walk Away
What should you do if your client tells you they’ve decided to take some action in a transaction that you think is detrimental to their position? It is your fiduciary obligation as their agent to disclose this concern to them. Suppose they insist on proceeding

Private Well Test Shows Safe Levels—Can the Buyer Still Back Out Over Trace Arsenic?
Q: I represent the seller in the sale of a residential property that includes a well supplying groundwater for domestic purposes. In accordance with Oregon law, the seller has had the water quality tested for nitrates, arsenic, and total coliform bacteria. The test results show

Selling a Home with a Well? Test Early and Use Results for Up to a Year
When listing a property for sale that includes a well supplying groundwater for domestic purposes, it’s a good idea to suggest the seller have the well water quality tested at the time the marketing of the property begins. OAR 333-061-0325(7) provides that the lab tests

Fence Encroachment & Section 18(f): Should Sellers Amend or Accept as Is?
Q: My seller has just received an offer on their home. In reviewing the terms of the offer, the seller has a question about Section 18, Seller Representations. In reviewing items (a) – (g) the seller discovered that item (f) is inaccurate. They are aware

Before Accepting an Offer: Why You Should Revisit the Seller’s Disclosure
When reviewing a newly received offer to purchase with a seller, it’s a good idea to take the time to also review the Seller’s Property Disclosure Statement to ensure that nothing needs to be updated before responding to the buyer’s offer. A statement that is

Strengthen Your Buyer’s Offer: Provide Proof of Funds & Pre-Approvals Up Front!
To strengthen your buyer’s offer, always include as much information as possible along with the offer instead of merely relying on the options to provide the information later. This includes such items as verification of funds for cash offers and pre-approval letters for financed offers.

Cash Offers & Proof of Funds: What Meets the ‘Objectively Reasonable’ Standard?
Q: I represent a seller who has received a cash offer. The buyer has indicated in Section 5 that they will provide the verification of funds within 3 business days of the Effective Date. The seller is concerned about taking their property off the
