75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3450
Sponsored by Representative TOMEI; Representatives BARKER,
BUCKLEY, DEMBROW, GALIZIO, HOLVEY, KAHL, RILEY, SHIELDS, WITT
(at the request of Deborah Kafoury)
CHAPTER ................
AN ACT
Relating to carbon monoxide; creating new provisions; amending
ORS 90.302, 90.320, 90.325 and 105.464; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 6 of this 2009 Act,
unless the context requires otherwise:
(1) 'Carbon monoxide alarm' means a device that:
(a) Detects carbon monoxide;
(b) Produces a distinctive audible alert when carbon monoxide
is detected;
(c) Conforms to State Fire Marshal rules;
(d) Is listed by Underwriters Laboratories or any other
nationally recognized testing laboratory or an equivalent
organization; and
(e) Operates as a distinct unit or as two or more single
station units wired to operate in conjunction with each other.
(2) 'Carbon monoxide source' means:
(a) A heater, fireplace, appliance or cooking source that uses
coal, kerosene, petroleum products, wood or other fuels that emit
carbon monoxide as a by-product of combustion; or
(b) An attached garage with an opening that communicates
directly with a living space.
(3) 'Multifamily housing' means a building in which three or
more residential units each have space for eating, living and
sleeping and permanent provisions for cooking and sanitation.
(4) 'One and two family dwelling' means a residential building
that is regulated under the state building code as a one and two
family dwelling. + }
SECTION 2. { + (1) A person may not convey fee title to a one
and two family dwelling or multifamily housing that contains a
carbon monoxide source, or transfer possession under a land sale
contract of a one and two family dwelling or multifamily housing
that contains a carbon monoxide source, unless one or more
properly functioning carbon monoxide alarms are installed in the
dwelling or housing at locations that provide carbon monoxide
detection for all sleeping areas of the dwelling or housing.
(2) A carbon monoxide alarm in a one and two family dwelling or
multifamily housing described in subsection (1) of this section
must be installed in conformance with applicable rules of the
Enrolled House Bill 3450 (HB 3450-B) Page 1
State Fire Marshal and in conformance with any applicable
requirements of the state building code.
(3) Violation of this section or a rule adopted by the State
Fire Marshal does not invalidate any sale or transfer of
possession of a one and two family dwelling or multifamily
housing. + }
SECTION 3. { + A purchaser or transferee of a one and two
family dwelling or multifamily housing who is aggrieved by a
violation of section 2 of this 2009 Act or of a rule adopted
under section 4 of this 2009 Act may bring an individual action
in an appropriate court to recover the greater of actual damages
or $250 per residential unit. In any action brought under this
section, the court may award to a prevailing party, in addition
to the relief provided in this section, reasonable attorney fees
at trial and on appeal, and costs. Actions brought under this
section must be commenced within one year after the date of sale
or transfer. + }
SECTION 4. { + (1) The State Fire Marshal shall adopt rules
establishing minimum standards for carbon monoxide alarms in one
and two family dwellings and multifamily housing. The rules
adopted by the State Fire Marshal may include, but need not be
limited to, rules establishing minimum standards for the design,
inspection, testing and maintenance of carbon monoxide alarms.
(2) The State Fire Marshal shall adopt rules establishing
standards for the placement and location of carbon monoxide
alarms in one and two family dwellings and multifamily housing
that were not subject to state building code requirements for
carbon monoxide alarm placement or location at the time of
construction.
(3) In adopting rules under this section, the State Fire
Marshal shall give consideration to state building code
requirements and any standards adopted by national safety
organizations.
(4) Notwithstanding ORS 476.030, State Fire Marshal rules
adopted under this section shall apply for all governmental
subdivisions in the state. A governmental subdivision, as defined
in ORS 476.005 may not enact or enforce any local ordinance, rule
or regulation regarding the design, inspection, testing,
maintenance, placement or location of carbon monoxide alarms. + }
SECTION 5. { + (1) If a rental dwelling unit that is subject
to ORS chapter 90 has a carbon monoxide source or is located
within a structure having a carbon monoxide source, the landlord
shall ensure that the dwelling unit has one or more carbon
monoxide alarms installed in compliance with State Fire Marshal
rules and the state building code. The landlord shall provide the
tenant of the dwelling unit with a written notice containing
instructions for testing of the alarms. The landlord shall
provide the written notice to the tenant no later than at the
time that the tenant first takes possession of the premises.
(2) If the landlord receives written notice from the tenant of
a deficiency in a carbon monoxide alarm, other than dead
batteries, the landlord shall repair or replace the alarm.
Supplying and maintaining a carbon monoxide alarm required under
this section is a habitable condition requirement under ORS
90.320. + }
SECTION 6. { + (1) As used in this section, 'tamper' includes,
but is not limited to, the removal of working batteries.
(2) Except as otherwise provided in this section, a person may
not remove or tamper with a carbon monoxide alarm installed in a
one and two family dwelling or multifamily housing. This section
Enrolled House Bill 3450 (HB 3450-B) Page 2
does not prohibit the removal of, or tampering with, a carbon
monoxide alarm:
(a) For the purpose of replacing a defective alarm or
conforming the installation of the alarm with State Fire Marshal
rules;
(b) In a dwelling or housing that is being demolished or
converted to nonresidential use; or
(c) For the period that the removal or tampering is necessary
for an active process of remodeling or renovating the
installation location. + }
SECTION 7. { + Section 8 of this 2009 Act is added to and made
a part of ORS chapter 455. + }
SECTION 8. { + (1) As used in this section, 'carbon monoxide
alarm' has the meaning given that term in section 1 of this 2009
Act.
(2) A carbon monoxide alarm is required in a structure that:
(a) Is new construction or that undergoes reconstruction,
alteration or repair for which a building permit is required; and
(b) Is identified under the structural specialty code as a
residential Group R structure.
(3) A carbon monoxide alarm required by this section must be
installed in accordance with the manufacturer's instructions and
any applicable requirements of the state building code. + }
SECTION 9. { + Section 10 of this 2009 Act is added to and
made a part of ORS 90.100 to 90.465. + }
SECTION 10. { + (1) As used in this section, 'carbon monoxide
alarm' and 'carbon monoxide source' have the meanings given those
terms in section 1 of this 2009 Act.
(2) A landlord may not enter into a rental agreement creating a
new tenancy in a dwelling unit that contains a carbon monoxide
source or that is within a structure that contains a carbon
monoxide source unless, at the time the tenant takes possession
of the dwelling unit, the dwelling unit contains one or more
properly functioning carbon monoxide alarms installed in
compliance with State Fire Marshal rules and with any applicable
requirements of the state building code. The landlord shall
provide a new tenant with alarm testing instructions as described
in section 5 of this 2009 Act.
(3) If a carbon monoxide alarm is battery-operated or has a
battery-operated backup system, the landlord shall supply working
batteries for the alarm at the beginning of a new tenancy. + }
SECTION 11. ORS 90.302 is amended to read:
90.302. (1) Except as specifically provided otherwise in this
chapter, a landlord may require the payment of a fee, if the fee
is related to and designated as being charged for a specific
reasonably anticipated landlord expense. A landlord shall provide
a receipt for the fee, and the receipt or a written rental
agreement shall describe the anticipated landlord expense to be
covered by the fee and describe the landlord's duties under
subsection (4) of this section.
(2) Except as provided in subsection (3) of this section, a
landlord may not charge a fee more than once, at the beginning of
or during the tenancy.
(3) A landlord may charge a fee more than once, at the
beginning of or during the tenancy, for:
(a) A late rent payment, pursuant to ORS 90.260;
(b) A dishonored check, pursuant to ORS 30.701 (5);
(c) Removal or tampering with a properly functioning smoke
alarm { + , + } { - or - } smoke detector { + or carbon
monoxide alarm + }, as provided in ORS 90.325 { - (7) - } { +
Enrolled House Bill 3450 (HB 3450-B) Page 3
(2) + }, if a written rental agreement provides for a fee for
that removal or tampering; and
(d) Any other noncompliance by the tenant with a written rental
agreement that provides for a fee for that noncompliance,
provided that the fee may not be excessive.
(4) A landlord may not be required to account for or return to
the tenant any fee. Upon termination of a tenancy and delivery of
possession, a landlord shall first apply any fee to the related
landlord expense as reasonably assessed against the tenant,
before applying the tenant's security deposit, if any, to that
expense.
(5) Nonpayment of a fee is not grounds for termination of a
rental agreement for nonpayment of rent under ORS 90.394, but is
grounds for termination of a rental agreement for cause under ORS
90.392 or 90.630 (1).
(6) This section does not apply to attorney fees awarded
pursuant to ORS 90.255 or to applicant screening charges paid
pursuant to ORS 90.295.
SECTION 12. 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 - } { + that + } 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 - } { + that + } 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 - } { + that + }
conform to applicable law at the time of installation and
maintained in good working order;
(e) Electrical lighting with wiring and electrical equipment
{ - which - } { + that + } 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;
(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;
Enrolled House Bill 3450 (HB 3450-B) Page 4
(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) - } { + (1) + }; { - or - }
{ + (k) A carbon monoxide alarm, and the dwelling unit or the
structure in which the dwelling unit is a part contains a carbon
monoxide source as defined in section 1 of this 2009 Act; or + }
{ - (k) - } { + (L) + } 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 - } { + that + } the tenant is
entitled under the rental agreement to occupy to the exclusion of
others and keys for { - such - } { + those + } locks
{ - which - } { + that + } 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 13. ORS 90.325 is amended to read:
90.325. { + (1) + } The tenant shall:
{ - (1) - } { + (a) + } Use the parts of the premises
including the living room, bedroom, kitchen, bathroom and dining
room in a reasonable manner considering the purposes for which
they were designed and intended { + . + } { - ; - }
{ - (2) - } { + (b) + } Keep all areas of the premises
under control of the tenant in every part as clean, sanitary and
free from all accumulations of debris, filth, rubbish, garbage,
rodents and vermin, as the condition of the premises permits and
to the extent that the tenant is responsible for causing the
problem. The tenant shall cooperate to a reasonable extent in
assisting the landlord in any reasonable effort to remedy the
problem { + . + } { - ; - }
{ - (3) - } { + (c) + } Dispose from the dwelling unit all
ashes, garbage, rubbish and other waste in a clean, safe and
legal manner. With regard to needles, syringes and other
Enrolled House Bill 3450 (HB 3450-B) Page 5
infectious waste, as defined in ORS 459.386, the tenant may not
dispose of these items by placing them in garbage receptacles or
in any other place or manner except as authorized by state and
local governmental agencies { - ; - } { + . + }
{ - (4) - } { + (d) + } Keep all plumbing fixtures in the
dwelling unit or used by the tenant as clean as their condition
permits { + . + } { - ; - }
{ - (5) - } { + (e) + } Use in a reasonable manner all
electrical, plumbing, sanitary, heating, ventilating, air
conditioning and other facilities and appliances including
elevators in the premises { + . + } { - ; - }
{ - (6) - } { + (f) + } Test at least once every six months
and replace batteries as needed in any smoke alarm { + , + }
{ - or - } smoke detector { + or carbon monoxide alarm + }
provided by the landlord and notify the landlord in writing of
any operating deficiencies { + . + } { - as described in ORS
479.275; - }
{ - (7) Not remove or tamper with a properly functioning
smoke alarm or smoke detector, including removing any working
batteries, as provided in ORS 479.300; - }
{ - (8) Not deliberately or negligently destroy, deface,
damage, impair or remove any part of the premises or knowingly
permit any person to do so; and - }
{ - (9) - } { + (g) + } Behave and require other persons on
the premises with the consent of the tenant to behave in a manner
that will not disturb the peaceful enjoyment of the premises by
neighbors.
{ + (2) A tenant may not:
(a) Remove or tamper with a smoke alarm, smoke detector or
carbon monoxide alarm as described in ORS 479.300 or section 6 of
this 2009 Act.
(b) Deliberately or negligently destroy, deface, damage, impair
or remove any part of the premises or knowingly permit any person
to do so. + }
SECTION 14. ORS 105.464 is amended to read:
105.464. A seller's property disclosure statement must be in
substantially the following form:
_________________________________________________________________
If required under ORS 105.465, a seller shall deliver in
substantially the following form the seller's property disclosure
statement to each buyer who makes a written offer to purchase
real property in this state:
_________________________________________________________________
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces
blank. Please refer to the line number(s) of the question(s)
when you provide your explanation(s). If you are not claiming an
exclusion or refusing to provide the form under ORS 105.475 (4),
you should date and sign each page of this disclosure statement
and each attachment.
Each seller of residential property described in ORS 105.465 must
deliver this form to each buyer who makes a written offer to
purchase. Under ORS 105.475 (4), refusal to provide this form
gives the buyer the right to revoke their offer at any time prior
to closing the transaction. Use only the section(s) of the form
that apply to the transaction for which the form is used. If you
Enrolled House Bill 3450 (HB 3450-B) Page 6
are claiming an exclusion under ORS 105.470, fill out only
Section 1.
An exclusion may be claimed only if the seller qualifies for the
exclusion under the law. If not excluded, the seller must
disclose the condition of the property or the buyer may revoke
their offer to purchase anytime prior to closing the transaction.
Questions regarding the legal consequences of the seller's choice
should be directed to a qualified attorney.
_________________________________________________________________
(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN
EXCLUSION UNDER ORS 105.470)
Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:
You may claim an exclusion under ORS 105.470 only if you qualify
under the statute. If you are not claiming an exclusion, you must
fill out Section 2 of this form completely.
Initial only the exclusion you wish to claim.
___ This is the first sale of a dwelling never occupied. The
dwelling is constructed or installed under building or
installation permit(s) #___, issued by _____.
___ This sale is by a financial institution that acquired the
property as custodian, agent or trustee, or by foreclosure or
deed in lieu of foreclosure.
___ The seller is a court appointed receiver, personal
representative, trustee, conservator or guardian.
___ This sale or transfer is by a governmental agency.
_______________
Signature(s) of Seller claiming exclusion
Date _____
_______________
Buyer(s) to acknowledge Seller's claim
Date _____
_________________________________________________________________
(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL
OUT THIS SECTION.)
Section 2. SELLER'S PROPERTY DISCLOSURE STATEMENT
(NOT A WARRANTY)
(ORS 105.464)
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. BUYER HAS FIVE DAYS FROM THE SELLER'S
Enrolled House Bill 3450 (HB 3450-B) Page 7
DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE BUYER'S
OFFER BY DELIVERING BUYER'S SEPARATE SIGNED WRITTEN STATEMENT OF
REVOCATION TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE
STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING
INTO A SALE AGREEMENT.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF
THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE
SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON
BUYER'S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE
FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS,
ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED
HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.
Seller ___ is/ ___ is not occupying the property.
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, or any real
estate licensee engaged by the seller or the buyer.
*If you mark yes on items with *, attach a copy or explain on an
attached sheet.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. TITLE
A. Do you have legal authority to sellYese NoopeUnknown
*B.Is title to the property subject to any of the
following: Yes No Unknown
(1)First right of refusal
(2)Option
(3)Lease or rental agreement
(4)Other listing
(5)Life estate?
*C.Is the property being transferred an
unlawfully established unit of landYes No Unknown
*D.Are there any encroachments, boundary
agreements, boundary disputes or recent
boundary changes? Yes No Unknown
*E.Are there any rights of way, easements,
licenses, access limitations or claims that
may affect your interest in the proYestyNo Unknown
*F.Are there any agreements for joint
maintenance of an easement or rightYes wNo? Unknown
*G.Are there any governmental studies, designations,
zoning overlays, surveys or notices that would
affect the property? Yes No Unknown
*H.Are there any pending or existing governmental
assessments against the property? Yes No Unknown
*I.Are there any zoning violations or
nonconforming uses? Yes No Unknown
*J.Is there a boundary survey for the
Enrolled House Bill 3450 (HB 3450-B) Page 8
property? Yes No Unknown
*K.Are there any covenants, conditions,
restrictions or private assessments that
affect the property? Yes No Unknown
*L.Is the property subject to any special tax
assessment or tax treatment that may result
in levy of additional taxes if the property
is sold? Yes No Unknown
2. WATER
A. Household water
(1)The source of the water is (check ALL that apply):
Public Community Private
Other _____
(2)Water source information:
*a.Does the water source require a watYespeNoit?Unknown
If yes, do you have a permit? Yes No
b. Is the water source located on the YespeNoy? Unknown
*If not, are there any written agreements for
a shared water source? Yes No Unknown NA
*c.Is there an easement (recorded or unrecorded)
for your access to or maintenance of the water
source? Yes No Unknown
d. If the source of water is from a well or spring,
have you had any of the following in the past
12 months? Flow test Bacteria test
Chemical contents test Yes No Unknown NA
*e.Are there any water source plumbing problems
or needed repairs? Yes No Unknown
(3)Are there any water treatment systems for
the property? Yes No Unknown
Leased Owned
B. Irrigation
(1)Are there any water rights or other
irrigation rights for the property?Yes No Unknown
*(2If any exist, has the irrigation water been
used during the last five-year periYes No Unknown NA
*(3Is there a water rights certificate or other
written evidence available? Yes No Unknown NA
C. Outdoor sprinkler system
(1)Is there an outdoor sprinkler system for the
property? Yes No Unknown
(2)Has a back flow valve been installeYes No Unknown NA
(3)Is the outdoor sprinkler system opeYesleNo Unknown NA
3. SEWAGE SYSTEM
A. Is the property connected to a public or
community sewage system? Yes No Unknown
B. Are there any new public or community sewage
systems proposed for the property? Yes No Unknown
C. Is the property connected to an on-site septic
system? Yes No Unknown
If yes, was it installed by permit?Yes No Unknown NA
*Has the system been repaired or alYesedNo Unknown
Has the condition of the system been
evaluated and a report issued? Yes No Unknown
Has it ever been pumped? Yes No Unknown NA
If yes, when? __________
*D.Are there any sewage system problems or
needed repairs? Yes No Unknown
Enrolled House Bill 3450 (HB 3450-B) Page 9
E. Does your sewage system require on-site
pumping to another level? Yes No Unknown
4. DWELLING INSULATION
A. Is there insulation in the:
(1)Ceiling? Yes No Unknown
(2)Exterior walls? Yes No Unknown
(3)Floors? Yes No Unknown
B. Are there any defective insulated doors or
windows? Yes No Unknown
5. DWELLING STRUCTURE
*A.Has the roof leaked? Yes No Unknown
If yes, has it been repaired? Yes No Unknown NA
B. Are there any additions, conversions or
remodeling? Yes No Unknown
If yes, was a building permit requiYes? No Unknown NA
If yes, was a building permit obtaiYes? No Unknown NA
If yes, was final inspection obtainYes No Unknown NA
C. Are there smoke alarms or detectorsYes No Unknown
{ -
Is theYesa woodstove included in the sNoe? Unknown - }
{ -
Make __________
- }
{ -
Has pest and dry rot, structural or - }
{ -
'
whole house'
inspection been done - }
{ -
withinYese last three years? No Unknown - }
{ -
Are there any moisture problems, areas of - }
{ -
water penetration, mildew odors or other - }
{ -
moisture conditions (especially in the - }
{ -
basemeYes? No Unknown - }
{ -
*If yes, explain on attached sheet the frequency and - }
{ -
extent of problem and any insurance claims, - }
{ -
repairs or remediation done. - }
{ -
Is theYesa sump pump on the property? No Unknown - }
{ -
Are there any materials used in the - }
{ -
construction of the structure that are or - }
{ -
have been the subject of a recall, class - }
{ -
actionYesit, settlement or litigation?No Unknown - }
{ -
If yes, what are the materials? _____ - }
Enrolled House Bill 3450 (HB 3450-B) Page 10
{ +
Are thYes carbon monoxide alarms? No Unknown
E. Is there a woodstove included in thYesalNo Unknown
Make __________
*F.Has pest and dry rot, structural or
'
whole house'
inspection been done
within the last three years? Yes No Unknown
*G.Are there any moisture problems, areas of
water penetration, mildew odors or other
moisture conditions (especially in the
basement)? Yes No Unknown
*If yes, explain on attached sheet the frequency
and extent of problem and any insurance
claims, repairs or remediation done.
H. Is there a sump pump on the propertYes No Unknown
I. Are there any materials used in the
construction of the structure that are or
have been the subject of a recall, class
action suit, settlement or litigatiYes No Unknown
If yes, what are the materials? _____ + }
(1)Are there problems with the materiaYes No Unknown NA
(2)Are the materials covered by a warraYes?No Unknown NA
(3)Have the materials been inspected? Yes No Unknown NA
(4)Have there ever been claims filed for these
materials by you or by previous ownYes? No Unknown NA
If yes, when? _____
(5)Was money received? Yes No Unknown NA
(6)Were any of the materials repaired or
replaced? Yes No Unknown NA
6. DWELLING SYSTEMS AND FIXTURES
If the following systems or fixtures are included
in the purchase price, are they in good working
order on the date this form is signed?
A. Electrical system, including wiring, switches,
outlets and service Yes No Unknown
B. Plumbing system, including pipes, faucets,
fixtures and toilets Yes No Unknown
C. Water heater tank Yes No Unknown
D. Garbage disposal Yes No Unknown NA
E. Built-in range and oven Yes No Unknown NA
F. Built-in dishwasher Yes No Unknown NA
G. Sump pump Yes No Unknown NA
H. Heating and cooling systems Yes No Unknown NA
I. Security system Owned Leased Yes No Unknown NA
J. Are there any materials or products used in
the systems and fixtures that are or have
been the subject of a recall, class action
settlement or other litigations? Yes No Unknown
If yes, what product? __________
(1)Are there problems with the productYes No Unknown
(2)Is the product covered by a warrantYes No Unknown
(3)Has the product been inspected? Yes No Unknown
(4)Have claims been filed for this product
by you or by previous owners? Yes No Unknown
If yes, when? __________
(5)Was money received? Yes No Unknown
(6)Were any of the materials or products repaired
Enrolled House Bill 3450 (HB 3450-B) Page 11
or replaced? Yes No Unknown
7. COMMON INTEREST
A. Is there a Home Owners' Association
or other governing entity? Yes No Unknown
Name of Association or Other Governing
Entity __________
Contact Person ____________
Address _______________
Phone Number ____________
B. Regular periodic assessments: $___
per Month Year Other ___
*C.Are there any pending or proposed special
assessments? Yes No Unknown
D. Are there shared '
common areas'
or joint
maintenance agreements for facilities like
walls, fences, pools, tennis courts, walkways
or other areas co-owned in undivided interest
with others? Yes No Unknown
E. Is the Home Owners' Association or other
governing entity a party to pending litigation
or subject to an unsatisfied judgmeYes No Unknown NA
F. Is the property in violation of recorded
covenants, conditions and restrictions or in
violation of other bylaws or governing rules,
whether recorded or not? Yes No Unknown NA
8. GENERAL
A. Are there problems with settling, soil,
standing water or drainage on the property
or in the immediate area? Yes No Unknown
B. Does the property contain fill? Yes No Unknown
C. Is there any material damage to the property or
any of the structure(s) from fire, wind, floods,
beach movements, earthquake, expansive soils
or landslides? Yes No Unknown
D. Is the property in a designated floYeslaNo? Unknown
E. Is the property in a designated slide or other
geologic hazard zone? Yes No Unknown
*F.Has any portion of the property been tested
or treated for asbestos, formaldehyde, radon
gas, lead-based paint, mold, fuel or chemical
storage tanks or contaminated soil YeswaNor? Unknown
G. Are there any tanks or underground storage
tanks (e.g., septic, chemical, fuel, etc.)
on the property? Yes No Unknown
H. Has the property ever been used as an illegal
drug manufacturing or distribution Yese?No Unknown
*If yes, was a Certificate of FitneYesisNoed?Unknown
*I.Has the property been classified as
forestland-urban interface? Yes No Unknown
9. FULL DISCLOSURE BY SELLERS
*A.Are there any other material defects
affecting this property or its value
that a prospective buyer should
know about? Yes No
*If yes, describe the defect on attached sheet
Enrolled House Bill 3450 (HB 3450-B) Page 12
and explain the frequency and extent of the
problem and any insurance claims, repairs or
remediation.
B. Verification:
The foregoing answers and attached explanations (if any) are complete and correct to
the best of my/our knowledge and I/we have received a copy of this disclosure statement.
I/we authorize my/our agents to deliver a copy of this disclosure statement to all
prospective buyers of the property or their agents.
Seller(s) signature:
SELLER _______________
DATE __________
SELLER _______________
DATE __________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
II. BUYER'S ACKNOWLEDGMENT
A. As buyer(s), I/we acknowledge the duty to pay diligent
attention to any material defects that 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, or of any real
estate licensee engaged by the seller or buyer. A financial
institution or real estate licensee is not bound by and has no
liability with respect to any representation, misrepresentation,
omission, error or inaccuracy contained in another party's
disclosure statement required by this section or any amendment to
the disclosure statement.
C. Buyer (which term includes all persons signing the 'buyer's
acknowledgment' portion of this disclosure statement below)
hereby acknowledges receipt of a copy of this disclosure
statement (including attachments, if any) bearing seller's
signature(s).
DISCLOSURES, IF ANY, 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. IF THE SELLER HAS FILLED OUT SECTION 2
OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER'S
DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY
DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION
TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE 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
PROPERTY DISCLOSURE STATEMENT.
Enrolled House Bill 3450 (HB 3450-B) Page 13
BUYER _______________ DATE __________
BUYER _______________ DATE __________
Agent receiving disclosure statement on buyer's behalf to sign
and date:
_______________ Real Estate Licensee
_______________ Real Estate Firm
Date received by agent _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 14a. { + If Senate Bill 102 becomes law, section 14 of
this 2009 Act (amending ORS 105.464) is repealed and ORS 105.464,
as amended by section 18, chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 102), is amended to read: + }
105.464. A seller's property disclosure statement must be in
substantially the following form:
_________________________________________________________________
If required under ORS 105.465, a seller shall deliver in
substantially the following form the seller's property disclosure
statement to each buyer who makes a written offer to purchase
real property in this state:
_________________________________________________________________
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces
blank. Please refer to the line number(s) of the question(s)
when you provide your explanation(s). If you are not claiming an
exclusion or refusing to provide the form under ORS 105.475 (4),
you should date and sign each page of this disclosure statement
and each attachment.
Each seller of residential property described in ORS 105.465 must
deliver this form to each buyer who makes a written offer to
purchase. Under ORS 105.475 (4), refusal to provide this form
gives the buyer the right to revoke their offer at any time prior
to closing the transaction. Use only the section(s) of the form
that apply to the transaction for which the form is used. If you
are claiming an exclusion under ORS 105.470, fill out only
Section 1.
An exclusion may be claimed only if the seller qualifies for the
exclusion under the law. If not excluded, the seller must
disclose the condition of the property or the buyer may revoke
their offer to purchase anytime prior to closing the transaction.
Questions regarding the legal consequences of the seller's choice
should be directed to a qualified attorney.
_________________________________________________________________
(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN
EXCLUSION UNDER ORS 105.470)
Enrolled House Bill 3450 (HB 3450-B) Page 14
Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:
You may claim an exclusion under ORS 105.470 only if you qualify
under the statute. If you are not claiming an exclusion, you must
fill out Section 2 of this form completely.
Initial only the exclusion you wish to claim.
___ This is the first sale of a dwelling never occupied. The
dwelling is constructed or installed under building or
installation permit(s) #___, issued by _____.
___ This sale is by a financial institution that acquired the
property as custodian, agent or trustee, or by foreclosure or
deed in lieu of foreclosure.
___ The seller is a court appointed receiver, personal
representative, trustee, conservator or guardian.
___ This sale or transfer is by a governmental agency.
_______________
Signature(s) of Seller claiming exclusion
Date _____
_______________
Buyer(s) to acknowledge Seller's claim
Date _____
_________________________________________________________________
(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL
OUT THIS SECTION.)
Section 2. SELLER'S PROPERTY DISCLOSURE STATEMENT
(NOT A WARRANTY)
(ORS 105.464)
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. BUYER HAS FIVE DAYS FROM THE SELLER'S
DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE BUYER'S
OFFER BY DELIVERING BUYER'S SEPARATE SIGNED WRITTEN STATEMENT OF
REVOCATION TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE
STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING
INTO A SALE AGREEMENT.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF
THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE
SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON
BUYER'S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE
FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS,
ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED
HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.
Enrolled House Bill 3450 (HB 3450-B) Page 15
Seller ___ is/ ___ is not occupying the property.
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, or any real
estate licensee engaged by the seller or the buyer.
*If you mark yes on items with *, attach a copy or explain on an
attached sheet.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. TITLE
A. Do you have legal authority to sellYese NoopeUnknown
*B.Is title to the property subject to any of the
following: Yes No Unknown
(1)First right of refusal
(2)Option
(3)Lease or rental agreement
(4)Other listing
(5)Life estate?
*C.Is the property being transferred an
unlawfully established unit of landYes No Unknown
*D.Are there any encroachments, boundary
agreements, boundary disputes or recent
boundary changes? Yes No Unknown
*E.Are there any rights of way, easements,
licenses, access limitations or claims that
may affect your interest in the proYestyNo Unknown
*F.Are there any agreements for joint
maintenance of an easement or rightYes wNo? Unknown
*G.Are there any governmental studies, designations,
zoning overlays, surveys or notices that would
affect the property? Yes No Unknown
*H.Are there any pending or existing governmental
assessments against the property? Yes No Unknown
*I.Are there any zoning violations or
nonconforming uses? Yes No Unknown
*J.Is there a boundary survey for the
property? Yes No Unknown
*K.Are there any covenants, conditions,
restrictions or private assessments that
affect the property? Yes No Unknown
*L.Is the property subject to any special tax
assessment or tax treatment that may result
in levy of additional taxes if the property
is sold? Yes No Unknown
2. WATER
A. Household water
(1)The source of the water is (check ALL that apply):
Public Community Private
Other _____
Enrolled House Bill 3450 (HB 3450-B) Page 16
(2)Water source information:
*a.Does the water source require a watYespeNoit?Unknown
If yes, do you have a permit? Yes No
b. Is the water source located on the YespeNoy? Unknown
*If not, are there any written agreements for
a shared water source? Yes No Unknown NA
*c.Is there an easement (recorded or unrecorded)
for your access to or maintenance of the water
source? Yes No Unknown
d. If the source of water is from a well or spring,
have you had any of the following in the past
12 months? Flow test Bacteria test
Chemical contents test Yes No Unknown NA
*e.Are there any water source plumbing problems
or needed repairs? Yes No Unknown
(3)Are there any water treatment systems for
the property? Yes No Unknown
Leased Owned
B. Irrigation
(1)Are there any water rights or other
irrigation rights for the property?Yes No Unknown
*(2If any exist, has the irrigation water been
used during the last five-year periYes No Unknown NA
*(3Is there a water rights certificate or other
written evidence available? Yes No Unknown NA
C. Outdoor sprinkler system
(1)Is there an outdoor sprinkler system for the
property? Yes No Unknown
(2)Has a back flow valve been installeYes No Unknown NA
(3)Is the outdoor sprinkler system opeYesleNo Unknown NA
3. SEWAGE SYSTEM
A. Is the property connected to a public or
community sewage system? Yes No Unknown
B. Are there any new public or community sewage
systems proposed for the property? Yes No Unknown
C. Is the property connected to an on-site septic
system? Yes No Unknown
If yes, was it installed by permit?Yes No Unknown NA
*Has the system been repaired or alYesedNo Unknown
Has the condition of the system been
evaluated and a report issued? Yes No Unknown
Has it ever been pumped? Yes No Unknown NA
If yes, when? __________
*D.Are there any sewage system problems or
needed repairs? Yes No Unknown
E. Does your sewage system require on-site
pumping to another level? Yes No Unknown
4. DWELLING INSULATION
A. Is there insulation in the:
(1)Ceiling? Yes No Unknown
(2)Exterior walls? Yes No Unknown
(3)Floors? Yes No Unknown
B. Are there any defective insulated doors or
windows? Yes No Unknown
5. DWELLING STRUCTURE
*A.Has the roof leaked? Yes No Unknown
If yes, has it been repaired? Yes No Unknown NA
Enrolled House Bill 3450 (HB 3450-B) Page 17
B. Are there any additions, conversions or
remodeling? Yes No Unknown
If yes, was a building permit requiYes? No Unknown NA
If yes, was a building permit obtaiYes? No Unknown NA
If yes, was final inspection obtainYes No Unknown NA
C. Are there smoke alarms or detectorsYes No Unknown
{ -
Is there a woodstove or fireplace
insert included in the sale? Yes No Unknown
*If yes, what is the make?
__________
*If yes, was it installed with a peYest?No Unknown
*If yes, is a certification label issued by the
United States Environmental Protection Agency
(EPA) or the Department of Environmental
Quality (DEQ) affixed to it? Yes No Unknown
*E.Has pest and dry rot, structural or
'
whole house'
inspection been done
within the last three years? Yes No Unknown
*F.Are there any moisture problems, areas of
water penetration, mildew odors or other
moisture conditions (especially in the
basement)? Yes No Unknown
*If yes, explain on attached sheet the frequency and
extent of problem and any insurance claims,
repairs or remediation done.
G. Is there a sump pump on the propertYes No Unknown
H. Are there any materials used in the
construction of the structure that are or
have been the subject of a recall, class
action suit, settlement or litigatiYes No Unknown
If yes, what are the materials? _____ - }
{ +
Are thYes carbon monoxide alarms? No Unknown
E. Is there a woodstove or fireplace
insert included in the sale? Yes No Unknown
*If yes, what is the make? + }
__________
{ +
*IfYesNo was it installed with a permiUnknown
*If yes, is a certification label issued by the
United States Environmental Protection Agency
(EPA) or the Department of Environmental
Quality (DEQ) affixed to it? Yes No Unknown + }
{ +
Has pest and dry rot, structural or
'
whole house'
inspection been done
within the last three years? Yes No Unknown
*G.Are there any moisture problems, areas of
water penetration, mildew odors or other
moisture conditions (especially in the
basement)? Yes No Unknown
*If yes, explain on attached sheet the frequency
and extent of problem and any insurance
claims, repairs or remediation done.
Enrolled House Bill 3450 (HB 3450-B) Page 18
H. Is there a sump pump on the propertYes No Unknown
I. Are there any materials used in the
construction of the structure that are or
have been the subject of a recall, class
action suit, settlement or litigatiYes No Unknown
If yes, what are the materials? _____ + }
(1)Are there problems with the materiaYes No Unknown NA
(2)Are the materials covered by a warrYesy?No Unknown NA
(3)Have the materials been inspected? Yes No Unknown NA
(4)Have there ever been claims filed for these
materials by you or by previous ownYes? No Unknown NA
If yes, when? _____
(5)Was money received? Yes No Unknown NA
(6)Were any of the materials repaired or
replaced? Yes No Unknown NA
6. DWELLING SYSTEMS AND FIXTURES
If the following systems or fixtures are included
in the purchase price, are they in good working
order on the date this form is signed?
A. Electrical system, including wiring, switches,
outlets and service Yes No Unknown
B. Plumbing system, including pipes, faucets,
fixtures and toilets Yes No Unknown
C. Water heater tank Yes No Unknown
D. Garbage disposal Yes No Unknown NA
E. Built-in range and oven Yes No Unknown NA
F. Built-in dishwasher Yes No Unknown NA
G. Sump pump Yes No Unknown NA
H. Heating and cooling systems Yes No Unknown NA
I. Security system Owned Leased Yes No Unknown NA
J. Are there any materials or products used in
the systems and fixtures that are or have
been the subject of a recall, class action
settlement or other litigations? Yes No Unknown
If yes, what product? __________
(1)Are there problems with the productYes No Unknown
(2)Is the product covered by a warrantYes No Unknown
(3)Has the product been inspected? Yes No Unknown
(4)Have claims been filed for this product
by you or by previous owners? Yes No Unknown
If yes, when? __________
(5)Was money received? Yes No Unknown
(6)Were any of the materials or products repaired
or replaced? Yes No Unknown
7. COMMON INTEREST
A. Is there a Home Owners' Association
or other governing entity? Yes No Unknown
Name of Association or Other Governing
Entity __________
Contact Person ____________
Address _______________
Phone Number ____________
B. Regular periodic assessments: $___
per Month Year Other ___
*C.Are there any pending or proposed special
assessments? Yes No Unknown
Enrolled House Bill 3450 (HB 3450-B) Page 19
D. Are there shared '
common areas'
or joint
maintenance agreements for facilities like
walls, fences, pools, tennis courts, walkways
or other areas co-owned in undivided interest
with others? Yes No Unknown
E. Is the Home Owners' Association or other
governing entity a party to pending litigation
or subject to an unsatisfied judgmeYes No Unknown NA
F. Is the property in violation of recorded
covenants, conditions and restrictions or in
violation of other bylaws or governing rules,
whether recorded or not? Yes No Unknown NA
8. GENERAL
A. Are there problems with settling, soil,
standing water or drainage on the property
or in the immediate area? Yes No Unknown
B. Does the property contain fill? Yes No Unknown
C. Is there any material damage to the property or
any of the structure(s) from fire, wind, floods,
beach movements, earthquake, expansive soils
or landslides? Yes No Unknown
D. Is the property in a designated floYeslaNo? Unknown
E. Is the property in a designated slide or other
geologic hazard zone? Yes No Unknown
*F.Has any portion of the property been tested
or treated for asbestos, formaldehyde, radon
gas, lead-based paint, mold, fuel or chemical
storage tanks or contaminated soil YeswaNor? Unknown
G. Are there any tanks or underground storage
tanks (e.g., septic, chemical, fuel, etc.)
on the property? Yes No Unknown
H. Has the property ever been used as an illegal
drug manufacturing or distribution Yese?No Unknown
*If yes, was a Certificate of FitneYesisNoed?Unknown
*I.Has the property been classified as
forestland-urban interface? Yes No Unknown
9. FULL DISCLOSURE BY SELLERS
*A.Are there any other material defects
affecting this property or its value
that a prospective buyer should
know about? Yes No
*If yes, describe the defect on attached sheet
and explain the frequency and extent of the
problem and any insurance claims, repairs or
remediation.
B. Verification:
The foregoing answers and attached explanations (if any) are complete and correct to
the best of my/our knowledge and I/we have received a copy of this disclosure statement.
I/we authorize my/our agents to deliver a copy of this disclosure statement to all
prospective buyers of the property or their agents.
Seller(s) signature:
SELLER _______________
DATE __________
Enrolled House Bill 3450 (HB 3450-B) Page 20
SELLER _______________
DATE __________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
II. BUYER'S ACKNOWLEDGMENT
A. As buyer(s), I/we acknowledge the duty to pay diligent
attention to any material defects that 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, or of any real
estate licensee engaged by the seller or buyer. A financial
institution or real estate licensee is not bound by and has no
liability with respect to any representation, misrepresentation,
omission, error or inaccuracy contained in another party's
disclosure statement required by this section or any amendment to
the disclosure statement.
C. Buyer (which term includes all persons signing the 'buyer's
acknowledgment' portion of this disclosure statement below)
hereby acknowledges receipt of a copy of this disclosure
statement (including attachments, if any) bearing seller's
signature(s).
DISCLOSURES, IF ANY, 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. IF THE SELLER HAS FILLED OUT SECTION 2
OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER'S
DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY
DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION
TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE 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
PROPERTY DISCLOSURE STATEMENT.
BUYER _______________ DATE __________
BUYER _______________ DATE __________
Agent receiving disclosure statement on buyer's behalf to sign
and date:
_______________ Real Estate Licensee
_______________ Real Estate Firm
Date received by agent _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
Enrolled House Bill 3450 (HB 3450-B) Page 21
____________________________________________________________
_________________________________________________________________
SECTION 15. { + Sections 1 to 6, 8 and 10 of this 2009 Act
shall be known and may be cited as the Lofgren and Zander
Memorial Act. + }
SECTION 16. { + (1) Sections 2, 3, 5 and 8 of this 2009 Act
and the amendments to ORS 105.464 by sections 14 and 14a of this
2009 Act become operative on April 1, 2011.
(2) Section 10 of this 2009 Act and the amendments to ORS
90.320 by section 12 of this 2009 Act become operative on July 1,
2010. + }
SECTION 17. { + (1) Sections 2 and 3 of this 2009 Act apply to
a conveyance of fee title that is recorded on or after April 1,
2011.
(2) Section 10 of this 2009 Act and the amendments to ORS
90.320 by section 12 of this 2009 Act apply to rental agreements
that a landlord enters into on or after July 1, 2010.
(3) The amendments to ORS 105.464 by sections 14 and 14a of
this 2009 Act apply to property disclosures made by a seller on
or after April 1, 2011, to a buyer making a written offer. + }
SECTION 18. { + The State Fire Marshal shall complete the
adoption of rules under section 4 of this 2009 Act in time for
the rules to become effective July 1, 2010. + }
SECTION 19. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
----------
Passed by House May 22, 2009
Repassed by House June 15, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 11, 2009
...........................................................
President of Senate
Enrolled House Bill 3450 (HB 3450-B) Page 22
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3450 (HB 3450-B) Page 23
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 13.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 20.