OREF 113 & 114 vs. OREF 091: When to Use Each Form

Q: I noticed forms OREF 113 – Buyer’s Agent’s Instructions to Escrow and OREF 114 – Seller’s Agent’s Instructions to Escrow, and had a question about their purpose.

Since OREF 091 – Notice of Real Estate Compensation is already available, when should Forms 113 and 114 be used? I understand they don’t replace OREF 091 in the event of a compensation dispute, but I’m unclear on when or why I would use Forms 113 and 114 if I’m already using Form 091.

A: OREF 091 – Notice of Real Estate Compensation is not intended for routine transactions. It was developed to satisfy the requirements of ORS 696.582 and is designed for situations where an agent believes a client may instruct escrow to disburse compensation differently than what the agent is entitled to receive.

In contrast, OREF 113 – Buyer’s Agent’s Instructions to Escrow and OREF 114 – Seller’s Agent’s Instructions to Escrow are intended for everyday transaction management. These forms provide escrow with clear, written instructions regarding the compensation the parties have agreed to pay and are typically delivered when escrow is opened or whenever compensation instructions need to be communicated. They are used when there is no dispute regarding compensation.

Because OREF 091 is tied to the specific requirements of ORS 696.582, it should be reserved for those situations where the statute applies. For routine escrow instructions, OREF 113 and 114 are the appropriate forms.

If you’d like to learn more about when OREF 091 should be used, review the video at the “Learn More” under Form 091 in the OREF Forms Library.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.