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Category: Dear Forms Committee

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

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?”

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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?

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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?

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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;

Dear Forms Committee: I heard that silence is no longer approval of property condition in the commercial sale agreement. Is that true?

Dear Forms Committee: I heard that silence is no longer approval of property condition in the commercial sale agreement. Is that true?

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Yes. In previous versions of the OREF Commercial Sale Agreement, if the buyer didn’t provide unconditional disapproval of the property before the end of the inspection period, the buyer was deemed to have accepted the property’s condition. After considering the typical procedure for conducting due

Dear Forms Committee: How do I calculate the buyer revocation period for OREF 020 – Seller’s Property Disclosure Statement?

Dear Forms Committee: How do I calculate the buyer revocation period for OREF 020 – Seller’s Property Disclosure Statement?

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Under the terms of the real estate sale agreement (see Section 16 of OREF – 001 Residential Sale Agreement), the buyer has five business days (unless the buyer has waived this right in writing) to revoke the buyer’s offer. This period begins after the effective date

Dear Forms Committee: Why don’t the OREF Sale Agreements state the exact requirements for smoke and carbon monoxide detectors?

Dear Forms Committee: Why don’t the OREF Sale Agreements state the exact requirements for smoke and carbon monoxide detectors?

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The smoke/carbon monoxide detector section of the OREF Sale Agreements (Section 25 of OREF 001 Residential Sale Agreement) isn’t to instruct the parties about the required details for alarms and detectors. Rather, it serves to advise them that there are requirements. If you review OREF

Dear Forms Committee: Does the OREF Sale Agreement state that the buyer gets possession of the property once the deed is recorded?

Dear Forms Committee: Does the OREF Sale Agreement state that the buyer gets possession of the property once the deed is recorded?

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Section 35 of OREF 001 Residential Real Estate Sale Agreement provides specific options for when the buyer will take possession of the property. Buyers and sellers can use the pre-printed options or add other terms to the Additional Provisions section. If the buyer and seller

Dear Forms Committee: What does “unconditional disapproval” mean in the OREF Sale Agreements?

Dear Forms Committee: What does “unconditional disapproval” mean in the OREF Sale Agreements?

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The term “unconditional disapproval” is used many times throughout the OREF Sale Agreements. To disapprove of an item truly unconditionally (for example, verification of funds, condition of the property, etc.), the seller or buyer must disapprove of the item with no conditions attached. Perhaps the