Chapter 277 Oregon Laws 2005
AN ACT
HB 2634
Relating to real estate licensees.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) As used in this section,
“real estate licensee” has the meaning given that term in ORS 696.010.
(2)
A complaint, cross-claim, counterclaim or third-party complaint asserting a
claim of professional negligence against a real estate licensee for conduct
occurring within the course
and scope of the activities for which the
person is licensed may not be filed unless the claimant’s attorney certifies
that the attorney has consulted a real estate licensee who is qualified,
available and willing to testify to admissible facts and opinions sufficient to
create a question of fact as to the liability of the real estate licensee. The
certification required by this section must be filed with or be made part of
the original complaint, cross-claim, counterclaim or third-party complaint. The
certification must contain a statement that a real estate licensee who is
qualified to testify as to the standard of care applicable to the alleged
facts, is available and willing to testify that:
(a)
The alleged conduct of the real estate licensee failed to meet the standard of
professional care applicable to the real estate licensee in the circumstances
alleged; and
(b)
The alleged conduct was a cause of the claimed damages, losses or other harm.
(3)
In lieu of providing the certification described in subsection (2) of this
section, the claimant’s attorney may file with the court at the time of filing
a complaint, cross-claim, counterclaim or third-party complaint an affidavit
that states:
(a)
The applicable statute of limitations is about to expire;
(b)
The certification required under subsection (2) of this section will be filed within
30 days after filing the complaint, cross-claim, counterclaim or third-party
complaint or such longer time as the court may allow for good cause shown; and
(c)
The attorney has made such inquiry as is reasonable under the circumstances and
has made a good faith attempt to consult with at least one real estate licensee
who is qualified to testify as to the standard of care applicable to the
alleged facts, as required by subsection (2) of this section.
(4)
Upon motion of the real estate licensee, the court shall enter judgment
dismissing any complaint, cross-claim, counterclaim or third-party complaint
against any real estate licensee who fails to comply with the requirements of
this section.
(5)
This section applies only to a complaint, cross-claim, counterclaim or
third-party complaint against a real estate licensee by any plaintiff who:
(a)
Has contracted with or otherwise employed the real estate licensee; or
(b) Is a person for whose benefit the real estate licensee performed services.
SECTION 2. Section 1 of this 2005 Act applies to complaints, cross-claims, counterclaims and third-party complaints filed on or after the effective date of this 2005 Act.
Approved by the Governor June 20, 2005
Filed in the office of Secretary of State June 21, 2005
Effective date January 1, 2006
__________