State guide

Buying or Selling a Home in Oregon: What You Need to Know

Buying or selling a home in Oregon usually runs through a title or escrow company, not a lawyer, and sellers must fill out a state disclosure form before a buyer makes an offer.

Are you buying or selling?

TL;DR

Buying or selling a home in Oregon usually runs through a title or escrow company, not a lawyer, and sellers must fill out a state disclosure form before a buyer makes an offer. Real estate commissions are fully negotiable, and as of August 17, 2024 the NAR settlement changed how buyer's agents get paid — Oregon MLS listings no longer advertise a buyer-agent fee. Oregon also has its own twists, including no statewide transfer tax (except in Washington County), one of the country's broadest fair housing laws, and statewide rent caps on older rentals.

10 things every Oregon buyer or seller should know

  • If you are selling a home in Oregon with one to four units, you must fill out a Seller Property Disclosure Statement and give it to the buyer before they submit an offer. The state-approved form covers known problems with the roof, foundation, plumbing, electrical, heating, water, sewer or septic, environmental hazards, and any pending lawsuits affecting the property.

  • If your buyer's agent is a NAR member, or works through an Oregon MLS like RMLS, you must sign a written buyer representation agreement before they show you a property in person or virtually. The agreement has to spell out how the agent will be paid as a definite dollar amount, percentage, or formula — not as 'whatever the seller offers.'

  • Real estate commissions in Oregon are fully negotiable. There is no 'standard' rate, and any agreement between competing brokers or firms to set or fix rates is illegal under federal antitrust law and Oregon's Unlawful Trade Practices Act.

  • After the NAR settlement took effect August 17, 2024, Oregon MLS listings can no longer show how much the seller is offering to pay a buyer's agent. If a buyer wants help with that fee, their offer must ask for it as a seller-paid concession spelled out in the purchase agreement.

  • Oregon is a title-and-escrow state, not an attorney state. Almost all home closings are handled by a licensed title or escrow company that holds the money, records the deed, and makes sure both sides meet the contract — you usually do not need a real estate lawyer to close.

  • Oregon does not charge a statewide real estate transfer tax when a home changes hands. The one exception is Washington County in the Portland metro area, which has its own local transfer tax on property transfers within the county.

  • The first time a real estate agent talks with you about buying or selling, Oregon law makes them hand you the Initial Agency Disclosure Pamphlet. It explains the different ways an agent can represent you in Oregon, and you sign it just to show you received the information — it is not a contract.

  • If you are buying an Oregon condo, the seller must give you a resale certificate from the condo association before closing. It shows current dues, past-due assessments, pending special assessments, reserve fund balance, insurance, and known violations — and after you receive the full packet, you have five business days to cancel the deal for any reason and get your earnest money back.

  • Oregon's fair housing law covers more groups than federal law. On top of race, color, sex, religion, national origin, disability, and family status, Oregon also protects marital status, source of income (like Section 8 housing vouchers), sexual orientation, and gender identity.

  • If you are selling a home in a planned community or HOA outside the condo rules, Oregon law requires you to give the buyer the CC&Rs, the bylaws, all current rules, the operating and reserve budgets, and a statement of dues plus any special assessments. This packet is separate from and in addition to the regular Seller Property Disclosure Statement.

The guides

Common questions

Do I need a lawyer to buy or sell a home in Oregon?
No, you usually do not. Oregon is a title-and-escrow state, so most home closings are handled by a licensed title or escrow company that acts as a neutral middle person. The escrow officer holds the money, records the deed, and makes sure both sides have met the contract terms. You can still hire a real estate attorney for an unusual deal, but it is not required.
Do I have to sign a contract with a buyer's agent before they show me a home?
Yes, in most cases. After the NAR settlement that took effect August 17, 2024, any buyer's agent who is an NAR member or uses an Oregon MLS like RMLS must have a signed written agreement with you before touring any property — in person or virtually. The agreement has to say exactly how the agent will be paid, as a definite dollar amount, percentage, or formula.
Who actually pays the buyer's agent in Oregon now?
It depends on what you negotiate. The seller can still agree to pay the buyer's agent through a concession written into the offer, the buyer can pay the agent directly, or the fee can be split between both sides. What changed in 2024 is that the MLS can no longer advertise that a seller is offering to pay the buyer's agent — that has to be worked out in the purchase agreement instead.
Are real estate commissions negotiable in Oregon?
Yes. There is no fixed or 'standard' commission rate in Oregon, and price-fixing among competing firms is illegal under federal antitrust law and Oregon's Unlawful Trade Practices Act. You can ask any agent what they charge, compare them, and negotiate. Different agents may charge different amounts based on the service they offer.
What do I have to tell the buyer about my home when I sell in Oregon?
If your home has one to four units, Oregon law requires you to fill out a Seller Property Disclosure Statement and give it to the buyer before they make an offer. You answer questions about known issues with the roof, foundation, plumbing, electrical, heating, water, sewer or septic, environmental hazards, and any pending lawsuits affecting the property. Hiding or leaving out known defects can expose you to liability after closing.
Is there a transfer tax when a home is sold in Oregon?
Oregon does not have a statewide real estate transfer tax, which keeps closing costs lower than in many other states. The one exception is Washington County in the Portland metro area, which charges its own local transfer tax on property transfers. Outside Washington County, you will not see a transfer tax line on the Oregon closing statement.
I'm selling a rental property in Oregon — anything special I should know?
Yes. Oregon was the first state to put a cap on yearly rent increases through Senate Bill 608 in 2019. The cap is 7 percent plus the West Region Consumer Price Index from the prior year, and it applies to rental homes more than 15 years old. The cap and any existing leases carry over to the new owner, so disclose the current rent and lease terms clearly to your buyer.
What's special about buying a condo in Oregon?
Before closing, the seller must give you a resale certificate from the condo association. It shows the monthly dues, any past-due assessments, pending special assessments, the reserve fund balance, current insurance, and any known violations of the rules. After you receive the full disclosure packet, you have five business days to cancel the purchase for any reason and get your earnest money back.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.