Skip links

Author: Ashley Folse

Dear Forms Committee: If I represent the buyer and the seller is unrepresented, should I fill out the offer presentation line of the Sale Agreement when I present my buyer’s offer to the seller?

Dear Forms Committee: If I represent the buyer and the seller is unrepresented, should I fill out the offer presentation line of the Sale Agreement when I present my buyer’s offer to the seller?

in Tags

In instances where the seller is not represented, there is no requirement for an agent to document delivery to the seller. Therefore, this line does not need to be filled in. But remember to use OREF 100 – Unrepresented Party Acknowledgement, to document the fact

Dear Forms Committee: The seller’s agent is asking me to provide the seller with a copy of the home inspection report. Do I have to provide it?

Dear Forms Committee: The seller’s agent is asking me to provide the seller with a copy of the home inspection report. Do I have to provide it?

in Tags

According to Section 12 of OREF – 001 Residential Real Estate Sale Agreement, if the buyer checks the box for Licensed Professional Inspections or the box for Alternative Inspection Procedures (intending to use OREF – 058 Professional Inspection Addendum), then they have agreed to provide

Dear Forms Committee: The title company is asking for a commission form, is there one I can send them?

Dear Forms Committee: The title company is asking for a commission form, is there one I can send them?

in Tags

First, check with your brokerage to see if they have a specific in-house form they would prefer you to use. If not, you can use OREF 091 – Notice of Real Estate Compensation. This form can be used as a written notice of compensation to

Dear Forms Committee: If my buyer is writing an offer contingent on funds received from the sale of an existing property, what forms should be included?

Dear Forms Committee: If my buyer is writing an offer contingent on funds received from the sale of an existing property, what forms should be included?

in Tags

If the buyer’s purchase of the property is contingent upon the buyer obtaining funds from the sale of an existing property, the buyer should identify that contingency in Section 3 of the Sale Agreement. The buyer should also include OREF 083 – Buyer’s Contingent Right

The US Ninth Circuit Court decided that Oregon’s law prohibiting the recording of conversations without permission is unconstitutional.

The US Ninth Circuit Court decided that Oregon’s law prohibiting the recording of conversations without permission is unconstitutional.

in Tags

In July, the U.S. Ninth Circuit Court (a Federal court with the power to interpret whether state court laws comply with the U.S. Constitution) decided that Oregon’s law prohibiting recording of conversations without the permission of one party (for phone conversations) or both parties (for other conversations)

Dear Forms Committee: Why do OREF forms use the term “agent” to describe the Realtor® in a transaction instead of “broker?”

Dear Forms Committee: Why do OREF forms use the term “agent” to describe the Realtor® in a transaction instead of “broker?”

in Tags

There are several reasons that OREF has taken this approach when creating and revising our forms.   The primary reason is that when a form refers to an agent, it means the licensee representing the client. As you know, that licensee can have one of

Dear Forms Committee: What tests must the seller perform when selling a property with a well?

Dear Forms Committee: What tests must the seller perform when selling a property with a well?

in Tags

Oregon law requires that the seller have the well tested for arsenic, nitrates, and total coliform bacteria upon accepting an offer. If the buyer would like additional tests performed (such as flow test, lead test, etc.), the buyer can indicate the additional tests that the

Dear Forms Committee: What are contingencies, and why aren’t there more contingencies?

Dear Forms Committee: What are contingencies, and why aren’t there more contingencies?

in Tags

The OREF Residential Real Estate Sale Agreement has a number of built-in contingencies: the receipt of contingent funds, if indicated in Section 3; the three financing contingencies, unless the transaction is all cash, or, if the seller finances the transaction, agreement on the financing documents;