Oregon Seller Disclosure Requirements | ORS 105.464 Statutory Form

Key Information

Oregon sellers of residential property are required by statute (ORS 105.464) to complete and provide a Seller's Property Disclosure Statement using the form prescribed in ORS 105.465. The form is a statutory form — not created by a trade association — and is mandated by Oregon real estate law. Buyers have 5 business days after receiving the disclosure to rescind the transaction without penalty. Oregon also has a separate condition disclosure for known material defects under ORS 105.465, and the general fraud and misrepresentation standards of Oregon agency law apply. Additional Oregon-specific overlays include landslide and geological hazard disclosure and the ODF fire risk disclosure for properties in high fire hazard areas. BuildMyListing helps Oregon agents document all required disclosures before going to market.

Pricing: Starting $99/month

Time Required: Complete disclosure package in one workflow

The Problem

Oregon listing agents operate under a strict statutory disclosure framework — the Seller's Property Disclosure Statement form is prescribed in ORS 105.465, not created by the Oregon Association of Realtors. Sellers who skip the form or provide it late lose the ability to limit the buyer's rescission window, and failure to disclose known material defects exposes both seller and agent to post-closing liability under Oregon's fraud and agency statutes.

The Solution

BuildMyListing helps Oregon listing agents structure the full ORS 105.464 disclosure, flag geological hazards and ODF fire risk for applicable properties, and generate professional listing packages with compliance records — so every required disclosure layer is addressed before the property is under contract.

Key Features

ORS 105.464 Seller's Property Disclosure Statement

Structured documentation aligned with Oregon's statutory Seller's Property Disclosure Statement form (ORS 105.465). Covers structural systems (roof, walls, foundation, windows), mechanical systems (HVAC, plumbing, electrical), environmental conditions (lead, asbestos, mold, underground storage tanks, oil tanks), geological hazards, water and sewer systems, and legal/zoning status.

Benefit: ORS 105.464-aligned documentation for every Oregon listing

5-Business-Day Rescission Right Management

Oregon's ORS 105.475 gives buyers 5 business days after receiving the disclosure statement to rescind the transaction without penalty. BuildMyListing documents the delivery date and timing of the disclosure statement — critical for establishing the start of the rescission period and protecting agents from disputes about delivery.

Benefit: Rescission period documented and defensible

Geological and Natural Hazard Disclosure

Oregon's varied geology creates specific disclosure obligations: properties in landslide zones (particularly the Portland West Hills, Coast Range foothills, and Gorge corridor), flood zones, and earthquake risk areas. The Oregon disclosure form includes a hazards section; some counties maintain hazard maps. BuildMyListing prompts for geological risk documentation for applicable properties.

Benefit: Oregon-specific geological and natural hazard risks documented

ODF Fire Risk Disclosure (SB 762)

Oregon SB 762 (signed 2021, implemented 2022-2023) created a wildfire risk assessment system administered by the Oregon Department of Forestry (ODF). Properties in designated high and extreme risk areas require a fire risk disclosure. Sellers in these zones must disclose fire risk to buyers. BuildMyListing flags ODF fire risk for applicable Oregon properties.

Benefit: ODF fire risk disclosure addressed for high-risk Oregon listings

How It Works

Enter Property Details and Known Conditions

Input property address, construction year, HOA status, and known material conditions. BuildMyListing flags applicable disclosure sections — the ORS 105.464 form, geological hazard inquiry, ODF fire risk zone, and lead paint for pre-1978 construction.

Complete Statutory Disclosure and Oregon-Specific Overlays

Walk through the ORS 105.465 form sections with your seller. BuildMyListing separately addresses geological hazards, ODF fire risk status for SB 762 properties, underground oil tank history (a common Oregon issue), and water system type.

Download Listing Package with Disclosure Record

Download the full package: enhanced photos, RMLS/WVMLS/Central Oregon MLS description, ORS 105.464 documentation, and a compliance summary for your broker file — all timestamped and ready before the listing activates.

Compliance Reference

Disclosure Requirement	Legal Basis	When Required	Notes
Seller's Property Disclosure Statement (statutory form)	ORS 105.464; ORS 105.465 (prescribed form)	Most residential sales of 1-4 family property	Oregon law requires sellers to provide the disclosure statement on the form prescribed by ORS 105.465. The form cannot be substituted with a trade association form. Sellers must deliver the statement before the buyer makes a written offer OR before the seller accepts an offer. Certain transfers are exempt (estate sales, court-ordered, foreclosures, transfers between co-owners, and transfers to a spouse).
Buyer's 5-business-day rescission right	ORS 105.475	After buyer receives the disclosure statement	After receiving the Oregon Seller's Property Disclosure Statement, the buyer has 5 business days to rescind the transaction by written notice to the seller. If the statement is delivered after the buyer has signed an offer, the 5-day window runs from delivery. The right of rescission under ORS 105.475 is unconditional — no earnest money is forfeited. Delivery must be documented.
Known material defects	ORS 105.464; Oregon agency law (ORS 696.010 et seq.)	Any residential sale	Oregon real estate licensees are prohibited from making material misrepresentations and must disclose known material facts that a reasonable buyer would want to know. This duty exists independently of the statutory disclosure form. Oregon Revised Statutes 696.010 governs agency and duties of licensees.
Underground oil/heating oil tank (UST) disclosure	ORS 465.200 et seq.; Oregon DEQ; ORS 105.465 Form Section IV	Any property where underground oil storage is known or suspected	Oregon has a significant number of homes with former heating oil tanks (underground storage tanks — USTs) that were taken out of service before modern regulations. Leaking USTs require Oregon DEQ cleanup. The ORS 105.465 form asks specifically about known USTs. Sellers should disclose any known USTs and their status (in use, out of service, cleaned in place, removed).
ODF Wildfire Risk Disclosure (SB 762)	ORS 477.490 et seq. (as amended by SB 762, 2021); Oregon Department of Forestry classifications	Properties classified as High or Extreme wildfire risk under ODF assessment	Oregon SB 762 required ODF to develop property-level wildfire risk assessments. Properties classified as High or Extreme risk must include this in the seller disclosure. The ODF online tool allows property risk lookup by address. Rural, coastal Range, Cascade foothills, Rogue Valley, and Central Oregon properties frequently fall in high or extreme risk categories.
Lead-based paint disclosure	42 U.S.C. §4852d (federal EPA/HUD)	Homes built before 1978	Federal requirement. Seller provides disclosure form and EPA pamphlet; buyer has 10-day inspection right. Oregon's older urban neighborhoods in Portland (Buckman, Irvington, Ladd's Addition, Sellwood), Salem, Eugene, and Astoria have substantial pre-1978 housing inventory.
HOA/Planned Community disclosure	ORS 94.514 (Planned Community Act); ORS 100.375 (Condominiums)	Properties subject to a planned community association or condominium	Oregon's Planned Community Act (ORS Chapter 94) and Condominium Act (ORS Chapter 100) require that sellers provide buyers with a public offering statement or resale disclosure for condominiums. Buyers typically have a period to review HOA documents and may have rescission rights under the HOA statutes. The ORS 105.465 disclosure form includes an HOA section.
Geological hazards	ORS 105.465 Form Section II; Oregon DAS Statewide Hazard Maps	Properties in landslide, flood, or seismic hazard zones	Oregon's geology creates disclosure obligations for: landslide susceptibility zones (West Hills/Tualatin Mountains in Portland, Coast Range, Gorge corridor); FEMA flood hazard zones (Willamette Valley, Coastal rivers); and seismic risk (all of Oregon is in a seismic zone due to the Cascadia Subduction Zone). Oregon DAS and DOGAMI maintain public hazard maps. Known hazard zone status should be documented in the disclosure.

Common Use Cases

Portland West Hills Home in Landslide Zone with UST History

Scenario: Agent listing a 1958 West Hills Portland home. The property is in a mapped landslide susceptibility zone (DOGAMI data). The seller discloses that a heating oil UST was removed and cleaned by Oregon DEQ in 2012 (closure letter available). Pre-1978 construction triggers federal lead paint.

Process: Pre-1978 flagged → Lead paint checklist added → UST history documented with DEQ closure letter → Geological hazard (landslide zone) documented in ORS 105.465 Section II → ODF fire risk lookup run → 5-day rescission right period noted in disclosure record → Full disclosure and listing package generated

Compliance: ORS 105.464 form completed; UST DEQ closure documented; geological hazard disclosed; federal lead paint requirements met

Bend Central Oregon Property in ODF Extreme Fire Risk Zone

Scenario: Agent listing a 2008 Bend home classified as Extreme wildfire risk under ODF's SB 762 assessment. HOA ($145/month) applies. Oregon law requires the ODF fire risk classification to be disclosed.

Process: ODF wildfire risk lookup confirms Extreme classification → Fire risk disclosure added to ORS 105.465 form Section II → HOA section completed → 5-day buyer rescission documented → Listing package generated

Compliance: ODF wildfire risk (SB 762) disclosed; HOA documented; 5-day rescission window tracked from delivery

Frequently Asked Questions

What is Oregon's Seller's Property Disclosure Statement and who must provide it?

ORS 105.464 requires sellers of residential real property (1-4 family dwellings) to provide a completed Seller's Property Disclosure Statement to the buyer before the buyer makes a written offer — or before the seller accepts an offer. The form itself is prescribed by statute at ORS 105.465 and cannot be substituted with a trade association form. Certain transactions are exempt: transfers by court order (foreclosure, probate, bankruptcy), transfers to co-owners or spouses, transfers by lenders after acquiring property through foreclosure, and transfers for zero consideration (gifts). The exemptions do not relieve sellers of Oregon's general duty to avoid material misrepresentations.

How does Oregon's 5-business-day rescission right work?

ORS 105.475 gives buyers 5 business days after receiving the completed Oregon Seller's Property Disclosure Statement to rescind the transaction by written notice to the seller. The rescission is without penalty — the buyer's earnest money must be returned. 'Business days' in Oregon excludes Saturdays, Sundays, and state holidays. If the disclosure is provided before the buyer signs an offer, the 5-day clock runs from delivery. If it is provided after the buyer signs an offer, the buyer retains the right to rescind for 5 business days from receipt. Agents must document the delivery date with a signed acknowledgment.

What is Oregon's ODF wildfire risk disclosure requirement from SB 762?

Oregon Senate Bill 762 (signed June 2021) created a statewide wildfire risk assessment system administered by the Oregon Department of Forestry (ODF). Properties are classified as Low, Moderate, High, or Extreme risk. Under ORS 477.490 et seq., properties classified as High or Extreme wildfire risk must include this classification in the seller disclosure. The ODF maintains an online risk search tool by address. Properties in Eastern Oregon, Southern Oregon (Rogue Valley), Central Oregon (Bend, Redmond, Sisters), the Coast Range foothills, and rural Willamette Valley frequently receive High or Extreme classifications. The ODF fire risk disclosure became mandatory for qualifying transactions as the database was built out from 2022-2023.

What is the underground oil tank (UST) issue in Oregon real estate?

Oregon has a high concentration of homes with former underground heating oil tanks (USTs) — particularly homes built between 1940 and 1970 that originally used oil heat before being converted to gas or electric. Many of these tanks were abandoned in place (filled with sand or simply capped) before modern regulations. A leaking UST contaminates soil and potentially groundwater and requires Oregon DEQ cleanup under ORS 465.200 et seq. Sellers must disclose known USTs and their status in the ORS 105.465 form. If a UST was removed and cleaned, a DEQ closure letter is the documentation of record. Buyers typically require Phase I and sometimes Phase II environmental assessments for properties with UST history.

What geological hazard disclosures are required in Oregon?

Oregon's varied geology creates several disclosure obligations addressed in the ORS 105.465 form. Key Oregon geological hazards include: (1) landslide risk — the Portland West Hills/Tualatin Mountains, Coast Range, and Columbia River Gorge corridor have high landslide susceptibility (Oregon DOGAMI maintains public LiDAR-based landslide maps); (2) seismic risk — all of Oregon is in a seismic zone due to the Cascadia Subduction Zone and related fault systems; (3) flood zones — FEMA Special Flood Hazard Areas along the Willamette, Rogue, Umpqua, and coastal rivers. Known hazard zone designations should be documented in the disclosure form. Oregon DAS maintains statewide natural hazard maps.

Does Oregon require HOA disclosure at sale?

Yes. Oregon's Planned Community Act (ORS Chapter 94) and Condominium Act (ORS Chapter 100) have disclosure requirements for properties in planned communities and condominiums. For condominiums, sellers must provide buyers with a resale disclosure that includes HOA fees, pending assessments, reserve fund status, and any outstanding violations. Buyers typically have a rescission right under the condominium statutes. The ORS 105.465 disclosure form includes an owners' association section covering HOA membership, fees, and known pending special assessments. Oregon REALTORS' standard purchase agreements include HOA document review periods — agents should build adequate time for the buyer's review.

When does federal lead paint disclosure apply in Oregon?

The federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies to any residential housing built before 1978. Oregon's older urban housing stock includes significant pre-1978 inventory — particularly in Portland's historic neighborhoods (Irvington, Buckman, Sellwood, Ladd's Addition, Alameda, Concordia), Salem's capital district neighborhoods, Eugene's Whiteaker neighborhood, and older Astoria and Pendleton homes. Sellers must provide the federal disclosure form, the EPA pamphlet 'Protect Your Family From Lead in Your Home,' disclose known lead hazards, and give buyers 10 days for inspection. Oregon's pre-1978 home stock has higher than national average rates of lead paint due to the prevalence of Victorian and Craftsman-era homes.

How does Oregon's disclosure requirement compare to Washington State?

Oregon and Washington are neighboring states with similarly structured mandatory disclosure regimes. Washington uses RCW 64.06 / Form 17 (Seller Disclosure Statement) with a 3-business-day buyer rescission right — Oregon uses ORS 105.464 with a 5-business-day rescission right. Both states have mandatory statutory forms; both have active wildfire risk and geological hazard concerns. Oregon's SB 762 fire risk system is more property-specific than Washington's approach. Washington's Form 17 is more widely known among agents in multi-state markets; Oregon's ORS 105.464 form is less familiarly nicknamed but equally mandatory. Agents operating in both markets should be careful not to confuse the forms or rescission timelines.

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Oregon Seller Disclosure Requirements — ORS 105.464 Statutory Form and 5-Day Rescission