Ashley Folse, Author at Oregon Real Estate Forms

Buyer Rep Clarity: Ensuring Buyers Understand They Don’t Pay Fees Already Covered by the Seller

2 years ago in

Dear Forms Committee

Q: How do I make sure the Buyer Representation Agreement clearly outlines that if a seller agrees to cover the fee in a Sale Agreement, that the buyer does not have to pay it? A: Page 1, section 4 of both versions of the OREF

Two Buyers, One Area: Is Dual Agency Disclosure Required?

2 years ago in

Dear Forms Committee

Q: Do I need to disclose the existence of dual agency if I have two buyers looking for a similar property in the same area? A: Under Oregon law, a buyer’s agent may show properties which their buyer may be interested in to other prospective

Double Trouble: Why Representing Two Buyers on One Property Creates Conflict

2 years ago in

Tip of the Week

While permitted by Oregon statute, representing two separate buyer clients who are attempting to purchase the same property creates a significant conflict of interest. When the same agent writes both offers it could create the perception of unprofessional behavior, lack of loyalty or favoritism toward

Listing Agent Requests Your Buyer Rep Agreement—Must You Provide It?

2 years ago in

Dear Forms Committee

Q: A listing agent is requesting a copy of my Buyer Representation Agreement. Am I required to provide it? A: Buyers’ agents owe a duty of confidentiality to their buyers. A contract between the buyer and buyer’s agent is a confidential agreement between those parties,

Client Confidentiality: What You Can and Can’t Share in a Real Estate Transaction

2 years ago in

Tip of the Week

Remember to keep confidential all information about your client and any documents they have signed, unless the document is part of the Sale Agreement needed to facilitate the progress of a transaction, or your client gives you written permission to disclose. All comments and responses

Agents, Don’t Fill Out Seller’s Property Disclosures—Avoid Liability Risks

2 years ago in

Tip of the Week

Seller’s Property Disclosure Statement. Users can help sellers understand the questions, but must not help answer them or fill out the form. Agents expose themselves to liability for inaccurate statements when they participate in filling out the form. When representing the seller, be sure to

Material Terms & Breach in OREF Forms: What Does ‘Material’ Really Mean?

2 years ago in

Dear Forms Committee

Q: I see references in the OREF forms to “material terms” or “material breach.” what does “material” mean in determining whether something is considered “material” or not? A: A material term is a provision that relates to significant terms of the agreement, such as price,

Seller Presentation Must-Haves: Key Items to Include for a Successful Pitch

2 years ago in

Dear Forms Committee

Q: Do you have a list of suggested items to include in seller presentations? A: Here are the must-haves to include in your seller presentations: OREF 047 – Advisory Regarding Real Estate Compensation OREF 042 – Initial Agency Disclosure Pamphlet OREF 040 – Disclosed Limited

Well & Septic Inspections: Key Timelines & Addendums You Can’t Overlook

2 years ago in

Tip of the Week

Well and septic system inspections have timelines different from the standard inspection period. It’s important to review the details in OREF 081—Septic/Onsite Sewage System Addendum and OREF 082—Private Well Addendum and ensure they are included in your transaction if they apply. All comments and responses

Seller Disclosures in OREF C-501: Are They Required for Commercial Properties?

2 years ago in

Dear Forms Committee

Q: I noticed questions about disclosure-type items in OREF C-501 – Commercial Sale Agreement in the Seller Representations section. If Oregon law doesn’t require a seller property disclosure statement for commercial property, does my seller have to answer these? A: No, but not answering them

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Author: Ashley Folse