Oregon guide

Oregon Initial Agency Disclosure Pamphlet at First Contact

In Oregon, the first time a real estate agent talks with you about buying a home, they must hand you the Initial Agency Disclosure Pamphlet.

Reading as buyer.

TL;DR

In Oregon, the first time a real estate agent talks with you about buying a home, they must hand you the Initial Agency Disclosure Pamphlet. The pamphlet explains how agents can represent you, the seller, both sides, or neither. You should get it before you sign a buyer representation agreement or tour a property with an agent who wants to represent you.

Before you start — 8 things to know

  • Oregon law (ORS 696.820) requires a real estate agent to give you the Initial Agency Disclosure Pamphlet at your very first real conversation about buying, before you talk about price, needs, or specific homes.

  • The pamphlet explains four types of representation in Oregon: seller's agent, buyer's agent, disclosed limited agency (when one agent or brokerage represents both sides), and non-agency where the broker is a neutral facilitator.

  • Agents must use the version of the pamphlet approved by the Oregon Real Estate Agency, so a buyer should not accept a custom handout or a verbal summary in place of it.

  • When you receive the pamphlet you will usually be asked to sign and date a copy showing you got it; signing only confirms receipt, not that you have hired the agent.

  • Just walking into an open house and getting a flyer does not always trigger the pamphlet, but the moment the agent starts asking about your budget, timeline, or representation, the pamphlet must come out (OAR 863-015-0215).

  • You should get the pamphlet before you sign a buyer representation agreement or before you tour a property with an agent who plans to represent you in the deal.

  • Failing to deliver the pamphlet is a licensable offense for the agent under ORS 696.301, so a buyer who never received it has grounds to report the broker to the Oregon Real Estate Agency.

  • The Oregon Residential Real Estate Sale Agreement later asks you to confirm which agency relationship from the pamphlet applies, so the pamphlet sets the foundation for the rest of the paperwork in your purchase.

The timeline — step by step

  1. First contact: an Oregon agent calls, emails, or meets you and starts to discuss your home search; at this moment the Initial Agency Disclosure Pamphlet must be provided (ORS 696.820).

  2. Review the pamphlet: read through the four agency options described in the Oregon Real Estate Agency-approved pamphlet so you understand whose interests each option protects.

  3. Sign for receipt: the agent will ask you to sign and date a copy confirming you received the pamphlet; this is acknowledgment only and is kept in the transaction file.

  4. Decide on representation: after reviewing the pamphlet, talk with the agent about whether you want them as your buyer's agent before you sign any buyer representation agreement.

  5. Property tours and offers: continue with showings and offers only after you understand the agency relationship; the pamphlet must be in your hands before any tour where the agent is representing you.

  6. Confirm in the sale agreement: when you write an offer using the Oregon Residential Real Estate Sale Agreement, you will confirm in writing which agency relationship from the pamphlet applies to the deal.

Common questions

When exactly does an Oregon agent have to give me the pamphlet?
At the very first contact where you and the agent move past general chat and start discussing your specific needs, budget, or homes, the agent must hand you the Initial Agency Disclosure Pamphlet (ORS 696.820).
Does signing the pamphlet mean I have hired this agent to represent me?
No, signing the Initial Agency Disclosure Pamphlet only confirms that you received it; you only become a client when you sign a separate buyer representation agreement with the agent (OAR 863-015-0215).
What if I am just attending an open house in Oregon?
If the agent is only handing you a flyer and answering general questions about the listed home, the pamphlet rule may not kick in yet, but once they ask about your search or representation, they must give you the pamphlet (OAR 863-015-0215).
Can the agent just describe agency options verbally instead of giving me the form?
No, Oregon requires delivery of the actual pamphlet approved by the Oregon Real Estate Agency; a verbal summary or a brokerage's custom document does not satisfy the rule (OAR 863-015-0215).
What can I do if a buyer's agent never gave me the pamphlet?
You can file a complaint with the Oregon Real Estate Agency because failing to deliver the Initial Agency Disclosure Pamphlet is a violation by the licensee under ORS 696.301.
How does the pamphlet connect to the offer I will eventually write?
The Oregon Residential Real Estate Sale Agreement contains a section where you confirm the agency relationship described in the pamphlet, so the pamphlet sets up the agency choice that follows you into your purchase contract (ORS 696.820).

Sources

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