Oregon guide

Oregon Seller Property Disclosure Statement (ORS §105.464–105.490)

If you're selling a home in Oregon with one to four units, you have to fill out the official Seller Property Disclosure Statement and give it to the buyer before they make an offer.

TL;DR

If you're selling a home in Oregon with one to four units, you have to fill out the official Seller Property Disclosure Statement and give it to the buyer before they make an offer. The form asks you to share what you actually know about the property — roof, plumbing, electrical, water, environmental issues, anything that could matter. If you skip it or hand it over late, the buyer can back out of the deal within five business days for any reason.

Before you start — 8 things to know

  • Oregon requires sellers of residential property with one to four dwelling units to deliver a completed Seller Property Disclosure Statement to the buyer before the buyer submits an offer.

  • The disclosure only covers what you actually know — Oregon law does not require you to hire an inspector or investigate hidden problems to fill out the form.

  • You cannot hide known defects or write misleading answers on the Oregon Seller Property Disclosure Statement; a buyer who later finds an undisclosed material defect can sue the seller for damages under ORS §105.470.

  • The Oregon disclosure form asks about the roof, foundation, electrical, plumbing, heating and cooling, water quality, sewer or septic, environmental hazards (asbestos, underground storage tanks, lead-based paint), structural issues, zoning violations, encumbrances, and pending lawsuits affecting the property.

  • If the Oregon Seller Property Disclosure Statement reaches the buyer after their offer has already been accepted, the buyer has an automatic right to cancel the purchase agreement within five business days under ORS §105.475 — no reason required.

  • Certain Oregon home sales are exempt from the mandatory disclosure requirement, including sales between co-owners, transfers by court order, foreclosure sales, estate transfers, and some new construction where the builder provides equivalent disclosure documents.

  • Oregon sellers should use the official disclosure form published by the Oregon Real Estate Agency rather than a generic version; your listing agent will provide it or you can download it from the state's forms page.

  • When in doubt about an item on the Oregon disclosure form, an honest 'unknown' is allowed for things outside your knowledge — but you cannot use 'unknown' to hide something you actually know about.

The timeline — step by step

  1. Before listing your Oregon home, get the official Seller Property Disclosure Statement form published by the Oregon Real Estate Agency.

  2. Fill out the Oregon disclosure form based on what you actually know about the property — answer every section honestly, and use 'unknown' only where you genuinely don't know.

  3. Have your agent deliver the completed Oregon Seller Property Disclosure Statement to interested buyers before any of them submit an offer.

  4. The buyer reviews the Oregon disclosure and decides whether to write an offer with the disclosed conditions in mind.

  5. If the disclosure was not delivered to the buyer until after their offer was accepted, the buyer's five-business-day Oregon rescission window under ORS §105.475 starts the moment they receive it.

  6. After closing, the signed Oregon Seller Property Disclosure Statement becomes part of the transaction record — if the buyer later finds a defect you knew about and didn't disclose, they can sue you for damages under ORS §105.470.

Common questions

Do I have to pay for a home inspection to fill out Oregon's disclosure form?
No. Oregon law only requires you to disclose what you actually know about your home. You don't have to hire inspectors or dig into hidden problems. But if you do know about an issue — like a leaky roof you've been patching — you have to put it on the form.
What happens if I deliver the Oregon disclosure to the buyer after they've already made an offer?
Under ORS §105.475, the buyer gets an automatic right to cancel the purchase agreement within five business days of receiving the disclosure. They don't have to give a reason, and it doesn't matter whether any disclosed item actually affected the home's value — the cancellation right exists just because the disclosure was late.
Can I skip the Oregon Seller Property Disclosure Statement entirely?
For most residential sales of one-to-four-unit homes, no — Oregon law requires it. A few situations are exempt, including sales between co-owners, court-ordered transfers, foreclosure sales, and estate transfers. Ask your agent or a real estate attorney whether your specific sale qualifies for an exemption.
What if I forget to mention something and the buyer discovers it after closing?
It depends on whether you actually knew. If you genuinely didn't know, the Oregon disclosure form's 'unknown' option protects you. But if you knew about a defect and didn't disclose it, the buyer can sue you for damages under ORS §105.470. Honest, complete disclosure is your strongest protection.
What kinds of issues does Oregon's disclosure form ask about?
The form covers the roof, foundation, electrical, plumbing, heating and cooling, water quality, sewer or septic, environmental hazards like asbestos and underground storage tanks, structural problems, zoning violations, liens, and any pending lawsuits affecting the property. If you know about something material and it could matter to a buyer, you should disclose it.
Where do I get the official Oregon disclosure form?
The Oregon Real Estate Agency publishes the approved Seller Property Disclosure Statement. Your listing agent will provide a current copy, or you can download it directly from the state's forms page. Don't use a generic disclosure form from another state — Oregon requires the OREA-approved version.

Sources

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