72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2744
Senate Bill 562
Sponsored by Senator WALKER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires landlord to maintain property free from significant
quantities of mold and other contaminants. Requires person
selling property to disclose knowledge of health problems related
to mold or other contaminants experienced while residing on the
property and any testing for mold or other contaminants conducted
on the property.
A BILL FOR AN ACT
Relating to dwellings; amending ORS 90.320 and 105.465.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 90.320 is amended to read:
90.320. (1) A landlord shall at all times during the tenancy
maintain the dwelling unit in a habitable condition. For purposes
of this section, a dwelling unit shall be considered unhabitable
if it substantially lacks:
(a) Effective waterproofing and weather protection of roof and
exterior walls, including windows and doors;
(b) Plumbing facilities which conform to applicable law in
effect at the time of installation, and maintained in good
working order;
(c) A water supply approved under applicable law, which is:
(A) Under the control of the tenant or landlord and is capable
of producing hot and cold running water;
(B) Furnished to appropriate fixtures;
(C) Connected to a sewage disposal system approved under
applicable law; and
(D) Maintained so as to provide safe drinking water and to be
in good working order to the extent that the system can be
controlled by the landlord;
(d) Adequate heating facilities which conform to applicable law
at the time of installation and maintained in good working order;
(e) Electrical lighting with wiring and electrical equipment
which conform to applicable law at the time of installation and
maintained in good working order;
{ - (f) Buildings, grounds and appurtenances at the time of
the commencement of the rental agreement in every part safe for
normal and reasonably foreseeable uses, clean, sanitary and free
from all accumulations of debris, filth, rubbish, garbage,
rodents and vermin, and all areas under control of the landlord
kept in every part safe for normal and reasonably foreseeable
uses, clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin; - }
{ + (f) Buildings, grounds, heating, ventilating and air
conditioning systems and other appurtenances provided by the
landlord at the commencement of the rental agreement, and all
areas under control of the landlord that are:
(A) Safe for normal and reasonably foreseeable uses;
(B) Clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin; and
(C) Free from significant quantities of mold, formaldehyde,
lead-based paint, friable asbestos, pesticides, herbicides or
other contaminants that may adversely affect human health; + }
(g) Except as otherwise provided by local ordinance or by
written agreement between the landlord and the tenant, an
adequate number of appropriate receptacles for garbage and
rubbish in clean condition and good repair at the time of the
commencement of the rental agreement, and the landlord shall
provide and maintain appropriate serviceable receptacles
thereafter and arrange for their removal;
(h) Floors, walls, ceilings, stairways and railings maintained
in good repair;
(i) Ventilating, air conditioning and other facilities and
appliances, including elevators, maintained in good repair if
supplied or required to be supplied by the landlord;
(j) Safety from fire hazards, including a working smoke alarm
or smoke detector, with working batteries if solely
battery-operated, provided only at the beginning of any new
tenancy when the tenant first takes possession of the premises,
as provided in ORS 479.270, but not to include the tenant's
testing of the smoke alarm or smoke detector as provided in ORS
90.325 (6); or
(k) Working locks for all dwelling entrance doors, and, unless
contrary to applicable law, latches for all windows, by which
access may be had to that portion of the premises which the
tenant is entitled under the rental agreement to occupy to the
exclusion of others and keys for such locks which require keys.
(2) The landlord and tenant may agree in writing that the
tenant is to perform specified repairs, maintenance tasks and
minor remodeling only if:
(a) The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the
landlord;
(b) The agreement does not diminish the obligations of the
landlord to other tenants in the premises; and
(c) The terms and conditions of the agreement are clearly and
fairly disclosed and adequate consideration for the agreement is
specifically stated.
(3) Any provisions of this section that reasonably apply only
to a structure that is used as a home, residence or sleeping
place shall not apply to a manufactured dwelling, recreational
vehicle or floating home where the tenant owns the manufactured
dwelling, recreational vehicle or floating home, rents the space
and, in the case of a dwelling or home, the space is not in a
facility. Manufactured dwelling or floating home tenancies in
which the tenant owns the dwelling or home and rents space in a
facility shall be governed by ORS 90.730, not by this section.
SECTION 2. ORS 105.465 is amended to read:
105.465. (1) The provisions of ORS 105.465 to 105.490, 696.301
and 696.870:
(a) Apply to the real property described in subparagraphs (A)
to (D) of this paragraph unless the buyer indicates to the
seller, which indication shall be conclusive, that the buyer will
use the real property for purposes other than a residence for the
buyer or the buyer's spouse, parent or child:
(A) Real property consisting of or improved by one to four
dwelling units;
(B) A condominium unit as defined in ORS 100.005 and not
subject to disclosure under ORS 100.705;
(C) A timeshare property as defined in ORS 94.803 and not
subject to disclosure under ORS 94.829; and
(D) A manufactured dwelling, as defined in ORS 446.003, that is
owned by the same person who owns the land upon which the
manufactured dwelling is situated.
(b) Do not apply to a leasehold in real property.
(2) A seller shall deliver one of the following to each buyer
who makes a written offer to purchase real property in this
state:
(a) A written disclaimer that the seller makes no
representations or warranties as to the condition of the real
property or any improvement thereon and that the buyer will be
purchasing the property 'as is,' that is, with all defects, if
any; or
(b) A seller's property disclosure statement in substantially
the following form:
_________________________________________________________________
SELLER'S PROPERTY DISCLOSURE
STATEMENT
(NOT A WARRANTY)
(105.465)
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank
unless the question clearly does not apply to the property.
Please refer to the line number(s) of the question(s) when you
provide your explanation(s). For your protection you must date
and sign each page of this disclosure statement and each
attachment.
NOTICE TO THE BUYER
THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S),
CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT ______ ('THE
PROPERTY').
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON
THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE
TIME OF DISCLOSURE. YOU HAVE FIVE BUSINESS DAYS FROM THE SELLER'S
DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE YOUR
OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF
REVOCATION TO THE SELLER, UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR
TO ENTERING INTO A SALE AGREEMENT.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF
THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES
OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON YOUR BEHALF,
FOR EXAMPLE, ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS,
ROOFERS, BUILDING INSPECTORS, OR PEST AND DRY ROT INSPECTORS.
Seller___ is/___ is not occupying the property.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
I. SELLER'S REPRESENTATIONS:
The following are representations
made by the seller and are not the
representations of any financial
institution that may have made or
may make a loan pertaining to
the property, or that may have or
take a security interest in the
property.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1.TITLE
µ ºYesµ ºNoA. Do you have legal
authority to sell the
property?
µ ºYesµ ºN*B. To your knowledge, is
title to the property
subject to any of the
following:
(First right of refusal
(Option
(Lease or rental
agreement
(Other listing
(Life estate?
µ ºYesµ ºN*C. Are you aware of any
encroachments, bound-
ary agreements, bound-
ary disputes or recent
boundary changes?
µ ºYesµ ºN*D. Are you aware of any
rights of way, ease-
ments or licenses
(access limitations)
that may affect your
interest in the
property?
µ ºYesµ ºN*E. Are you aware of any
written agreements for
joint maintenance of
an easement or right
of way?
µ ºYesµ ºNoF. Are you aware of any
governmental study,
survey or notices that
would affect the
property?
µ ºYesµ ºNoG. Are you aware of any
pending or existing
assessments against the
property?
µ ºYesµ ºNoH. Are you aware of any
zoning violations or
nonconforming uses?
µ ºYesµ ºN*I. Are you aware of a
boundary survey for the
property?
µ ºYesµ ºN*J. Are you aware of any
covenants, conditions
or restrictions which
affect the property?
2.WATER
A. Household Water
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(The source of the
water is:
µ ºPublicµ ºCommunity
µ ºPrivateµ ºShared
(Water source infor-
mation:
µ ºYesµ ºNo *a. Are you aware
of any written
agreements for
shared water
source?
µ ºYesµ ºNo *b. To your knowl-
edge, is there
an easement
(recorded or
unrecorded)
for access to
and/or main-
tenance of the
water source?
µ ºYesµ ºNo c. Are any known
problems or
repairs needed?
µ ºYesµ ºNo (Are you aware of
any water treat-
ment systems for
the property?
µ ºLeasedµ ºOwned
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
B. Irrigation
µ ºYesµ ºNo (1) Are you aware of
any water rights
for the property?
µ ºYesµ ºNo *(If there exist any,
to your knowledge,
have the
water rights been
used during the last
five-year period?
µ ºYesµ ºNo *(If so, is the certi-
ficate available?
C. Outdoor Sprinkler
system
µ ºYesµ ºNo (To your knowledge,
is there an outdoor
sprinkler system for
the property?
µ ºYesµ ºNo (To your knowledge,
has a back flow
valve been
installed?
µ ºYesµ ºNo (To your knowledge,
is the outdoor
sprinkler system
operable?
3.SEWAGE
µ ºYesµ ºNoA. To your knowledge, is
the property connected
to a sanitary sewer?
µ ºYesµ ºNoB. Are you aware of any
sanitary sewer
proposed for the
property?
µ ºYesµ ºNoC. To your knowledge, is
the property connected
to a septic system or
cesspool?
µ ºYesµ ºNoD. Are you aware of any
problems or repairs
needed?
µ ºYesµ ºNoE. To your knowledge,
does your sewage
system require on-site
pumping to another
level?
4.INSULATION
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
A. To your knowledge, is
there insulation in the:
µ ºYesµ ºNo (Ceiling?
µ ºYesµ ºNo (Exterior walls?
µ ºYesµ ºNo (Floors?
µ ºYesµ ºNoB. To your knowledge,
are there any
defective insulated
windows?
5.STRUCTURAL
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ ºYesµ ºN*A. To your knowledge,
has the roof leaked?
µ ºYesµ ºNo If yes, has it been
repaired?
µ ºYesµ ºNoB. Additions/conversions/
remodeling?
µ ºYesµ ºNo *If yes, are you aware
of whether a building
permit was obtained?
µ ºYesµ ºNo Was final inspection
obtained?
µ ºYesµ ºNoC. To your knowledge,
are there smoke
alarms?
µ ºYesµ ºNo If there are, which are
electrical (hard-wired)?
__________
µ ºYesµ ºNoD. To your knowledge, is
there a woodstove?
Make______
µ ºYesµ ºNo Was it installed with a
permit?
µ ºYesµ ºN*E. Are you aware of
whether a pest or
dry rot, structural
or '
whole house
'
inspection has
been done?
µ ºYesµ ºN*F. Are you aware of any
moisture problems in the
structure (especially
in the basement)? If
yes, explain frequency
and extent of prob-
lem on attached sheet
µ ºYesµ ºNoG. Are you aware of a
sump pump on the
property?
6.SYSTEMS AND FIXTURES
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
If the following systems or
fixtures are included in the
purchase price, are they, to
your knowledge, in good
working order on the date
this form is signed?
µ ºYesµ ºNoA. Electrical system,
including wiring,
switches, outlets
and service
µ ºYesµ ºNoB. Plumbing system,
including pipes,
faucets, fixtures
and toilets
µ ºYesµ ºNoC. Hot water tank
µ ºYesµ ºNoD. Garbage disposal
µ ºYesµ ºNoE. Built-in range and oven
µ ºYesµ ºNoF. Built-in dishwasher
µ ºYesµ ºNoG. Sump pump
µ ºYesµ ºNoH. Heating and cooling
systems
µ ºYesµ ºNoI. Security system
µ ºOwnedµ ºLeased
7.COMMON INTEREST
µ ºYesµ ºNoA. Home Owners'
Association?
Name of Association
________
Contact Person
________
Address
________
Phone Number
________
µ ºYesµ ºNoB. Regular periodic
assessments: $___
perµ º Month µ º Year
µ º Other_____
µ ºYesµ ºNoC. Are you aware of any
pending special
assessments?
µ ºYesµ ºNoD. Are you aware of any
shared '
common
areas'
or any joint
maintenance agree-
ments (facilities such
as walls, fences, pools,
tennis courts, walk-
ways or other areas
co-owned in undivided
interest with others)?
8.GENERAL
µ ºYesµ ºNoA. Are you aware of any
settling, soil, standing
water or drainage
problems on the
property or in the
immediate area?
µ ºYesµ ºNoB. To your knowledge,
does the property
contain fill?
µ ºYesµ ºNoC. Are you aware of any
material damage to the
property or any of the
structure from fire,
wind, floods, beach
movements, earthquake,
expansive soils
or landslides?
µ ºYesµ ºNoD. To your knowledge, is
the property in a
designated flood plain?
µ ºYesµ ºNoE. To your knowledge, is
the property in a
designated slide zone?
µ ºYesµ ºNoF. Are you aware of any
substances, materials
or products that may
be an environmental
hazard such as, but
not limited to,
asbestos, formaldehyde,
radon gas, { -
lead based - }
{ +
lead-based + }
paint, { +
mold, + }
fuel or chemical storage
tanks, and contaminated
soil or water on the
subject property?
µ ºYesµ ºNoG. Are you aware of any
tanks or underground
storage tanks (e.g.,
septic, chemical, fuel,
etc.) on the property?
µ ºYesµ ºNoH. To your knowledge,
has the property ever
been used as an
illegal drug manu-
facturing site?
{ +
µ ºYesµ ºNoI. Has anyone reported any
long term respiratory
problems, headache, fatigue,
weakness, memory problems,
unusual bleeding or other
symptoms while residing
in the property?
µ ºYesµ ºNoJ. Has any portion of
the property been tested
or treated for asbestos,
mold, formaldehyde, radon
gas, airborne particulates
or other potential
contaminants of any kind? + }
9.FULL DISCLOSURE BY
SELLERS
A. Other conditions or
defects
µ ºYesµ ºNo Are you aware of any
other material defects
affecting this prop-
erty or its value that
a prospective buyer
should know about?
B. Verification
The foregoing answers
and attached explan-
ations (if any) are
complete and correct
to the best of my/our
knowledge and I/we
have received a copy
hereof. I/we authorize
all of my/our agents
to deliver a copy of
this disclosure state-
ment to other real
estate licensees and
all prospective buyers
of the property.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
DATE ___ SELLER ________
SELLER ______________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
II. BUYER'S
ACKNOWLEDGMENT
A.As buyer(s), I/we
acknowledge the duty
to pay diligent
attention to any
material defects which
are known to me/us or
can be known by me/us
by utilizing diligent
attention and observation.
B.Each buyer acknowledges
and understands that the
disclosures set forth in
this statement and in any
amendments to this
statement are made only
by the seller and are not
the representations of any
financial institution that
may have made or may
make a loan pertaining to
the property, or that may
have or take a security
interest in the property
and no such financial
institution shall be
bound by or have any
liability with respect to
any representation, mis-
representation, omission,
error or inaccuracy
contained in another
party's disclosure state-
ment required by this
section or any amendment
to the disclosure
statement.
C.Buyer (which term includes
all persons signing the
'
buyer's acceptance
'
portion of this disclosure
statement below) hereby
acknowledges receipt of
a copy of this disclosure
statement (including
attachments, if any)
bearing seller's signature.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON
THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE
TIME OF DISCLOSURE. YOU, THE BUYER, HAVE FIVE BUSINESS DAYS FROM
THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO
REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN
STATEMENT OF REVOCATION TO THE SELLER UNLESS YOU WAIVE THIS RIGHT
AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER'S
DISCLOSURE STATEMENT.
DATE ____
BUYER __________
BUYER __________
Agent to sign and date:
_________ Real Estate Licensee
_________ Real Estate Business
*If yes, attach a copy or explain on attached sheet
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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