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Category: Dear Forms Committee

OREF 020: How to Suggest Additional Questions for the Seller’s Property Disclosure Statement

OREF 020: How to Suggest Additional Questions for the Seller’s Property Disclosure Statement

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Q: I would like some additional questions added to OREF 020-Seller’s Property Disclosure Statement – who can I send those to? A: The questions on OREF 020 – Seller’s Property Disclosure Statement – come directly from Oregon law (ORS 105.464). That means they can only

Does the Seller Have to Restore the Property After Repairs? Here’s Where to Look in the Contract

Does the Seller Have to Restore the Property After Repairs? Here’s Where to Look in the Contract

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Q: A seller agreed to a pest control treatment requiring insulation removal, but doesn’t want to pay to reinstall new insulation. Can you point me to the lines in the contract stating that sellers must restore the property to the condition it was in before

Dear Forms Committee: Why isn’t there an option for possession at recording in the OREF sale agreements?

Dear Forms Committee: Why isn’t there an option for possession at recording in the OREF sale agreements?

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  Since there is no consistent communication medium in every transaction, there is no way to contractually agree that all parties will be made aware of when recording occurs simultaneously. Parties can agree to this change in the “Additional Provisions” section if needed, but be

Dear Forms Committee: Are there different time periods for inspection contingencies and other types of due diligence contingencies in OREF C-501 – Commercial Sale Agreement?

Dear Forms Committee: Are there different time periods for inspection contingencies and other types of due diligence contingencies in OREF C-501 – Commercial Sale Agreement?

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In OREF C-501 – Commercial Sale Agreement, the inspection and due diligence period are the same. In Section 8 (lines 150-156), you will find that this period allows the buyer time to complete and review inspections, business documents, leases, and any other due diligence. In

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?

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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?

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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?

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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?

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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