(a) The form and content of applications for licensing under each category of real estate professional licensed by the agency;
(b) A licensing examination for each category of license;
(c) Schedules and procedures for issuing and renewing licenses, including limited licenses under ORS 696.125; and
(d) The term of a license in each category.
(2)(a) A real estate broker may engage in professional real estate activity only if the broker is associated with and supervised by a principal real estate broker. Except as provided in paragraph (c) of this subsection, a real estate broker may not employ, engage or supervise the professional real estate activity of another real estate licensee.
(b) For an applicant to qualify for a real estate broker’s license, the Real Estate Commissioner must receive:
(A) Certification by the applicant that the applicant has a high school diploma or a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test or the international equivalent, or other equivalent education acceptable to the commissioner;
(B) Proof that the applicant:
(i) Has successfully completed the basic real estate broker’s educational courses required by the agency by rule; and
(ii) Has passed the real estate broker’s examination required by the agency by rule; and
(C) Certification that the applicant is at least 18 years of age.
(c) A real estate broker who has acquired three years of active experience as a real estate broker may supervise for up to 90 days the professional real estate activity of another real estate licensee due to unforeseen circumstances or the temporary absence of a sole principal real estate broker, as provided by the agency by rule.
(3)(a) A principal real estate broker may engage in professional real estate activity.
(b) A principal real estate broker may conduct professional real estate activity in conjunction with other real estate brokers, principal real estate brokers or licensed real estate property managers. A principal real estate broker may employ, engage or supervise the professional real estate activity of another real estate licensee.
(c) For an applicant to qualify for a principal real estate broker’s license, the commissioner must receive:
(A) Certification by the applicant that the applicant has a high school diploma or a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test or the international equivalent, or other equivalent education acceptable to the commissioner;
(B) Proof that the applicant:
(i) Has three years of active licensed experience as a licensed real estate broker or a licensed real estate salesperson in this state or another state;
(ii) Has passed the principal real estate broker’s examination required by the agency by rule; and
(iii) Has successfully completed the brokerage administration and sales supervision course required by the agency by rule; and
(C) Certification that the applicant is at least 18 years of age.
(4)(a) An individual who holds a real estate property manager license may engage only in the management of rental real estate under a property management agreement with the owner of the rental real estate.
(b) A licensed real estate property manager may employ, engage or supervise the professional real estate activity of another licensed real estate property manager.
(c) For an applicant to qualify for a real estate property manager’s license, the commissioner must receive:
(A) Certification by the applicant that the applicant has a high school diploma or a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test or the international equivalent, or other equivalent education acceptable to the commissioner;
(B) Proof that the applicant:
(i) Has successfully completed the basic real estate property manager’s educational courses required by the agency by rule; and
(ii) Has passed the real estate property manager’s license examination required by the agency by rule; and
(C) Certification that the applicant is at least 18 years of age.
(5)(a) A license for a real estate broker, principal real estate broker or licensed real estate property manager may be granted only to an individual who is trustworthy and competent to conduct professional real estate activity in a manner that protects the public interest. As a condition of licensing, the commissioner may require proof of competence and trustworthiness that the commissioner deems necessary to protect the public interest.
(b) In implementing this subsection, the commissioner shall require fingerprints and criminal offender information of an applicant for initial licensing and may require fingerprints and criminal offender information of an applicant for license renewal. Fingerprints acquired under this subsection may be used for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195.
(6) An individual licensed to engage in professional real estate activity in another state or country may qualify for a principal real estate broker license, real estate broker license or real estate property manager license if the individual successfully completes the course of study for and passes the license examination corresponding to the license for which the individual applies, both as prescribed by agency rule, and if the individual meets the other requirements for licensure in this chapter.
(7) In order to satisfy the educational requirements under subsections (2) to (4) and (6) of this section, a course must be approved by the commissioner. The commissioner shall determine the final examination score acceptable as evidence of successful completion for each required course.
(8) The Real Estate Board may determine that an applicant for a principal real estate broker’s license has experience related to professional real estate activity that is equivalent to the experience required under subsection (3) of this section. [2001 c.300 §9; 2003 c.398 §7; 2005 c.116 §2; 2005 c.730 §37; 2007 c.319 §5; 2009 c.324 §2; 2009 c.502 §1; 2011 c.158 §10; 2017 c.66 §28; 2017 c.234 §4]
Note: 696.022 to 696.026 were added to and made a part of the Oregon Real Estate License Law by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Chapter 696 - Real Estate and Escrow Activities
Section 696.007 - Statement of legislative purpose.
Section 696.010 - Definitions.
Section 696.015 - Legislative finding; short title.
Section 696.022 - Licensing system for real estate brokers and property managers; rules.
Section 696.024 - Payments due and owing to Real Estate Agency.
Section 696.026 - Registration and renewal of business names; rules.
Section 696.125 - Limited license.
Section 696.130 - Effect of revocation of license; limited license.
Section 696.174 - License renewal; reactivation; continuing education courses; rules.
Section 696.182 - Continuing education; rules.
Section 696.184 - Duties of continuing education provider; rules.
Section 696.186 - Qualifications of continuing education instructors; rules.
Section 696.200 - Main office; branch offices; change of business location.
Section 696.232 - License status of employee of agency; reissuance upon termination of employment.
Section 696.243 - Substituting copy for original canceled check allowed; electronic fund transfers.
Section 696.245 - Clients’ trust accounts; notice to bank and agency; retention of copy.
Section 696.265 - Recognition of nonresident real estate licensee; rules.
Section 696.280 - Records of licensed real estate property managers and real estate brokers; rules.
Section 696.292 - Limitation on demand for compensation.
Section 696.294 - Opinion letter; rules.
Section 696.301 - Grounds for discipline.
Section 696.310 - Intracompany supervision and control.
Section 696.365 - City or county business license tax.
Section 696.385 - Power of agency; rulemaking procedures.
Section 696.392 - Power of commissioner to administer oaths, take depositions and issue subpoenas.
Section 696.395 - Power of commissioner.
Section 696.396 - Investigation of complaints and progressive discipline; rules.
Section 696.397 - Cease and desist order.
Section 696.398 - Delegation by commissioner to employees; requirements.
Section 696.405 - Real Estate Board; appointment; term; qualifications; compensation; expenses.
Section 696.415 - Officers; meetings; quorum.
Section 696.425 - Powers and duties of board; expenses.
Section 696.490 - Real Estate Account; disposition of receipts.
Section 696.495 - Revolving fund; amount; use; procedure for repayment.
Section 696.505 - Definitions for ORS 696.505 to 696.590.
Section 696.508 - Legislative finding; short title.
Section 696.511 - License requirement; licensing system; rules.
Section 696.520 - Application of ORS 696.505 to 696.590.
Section 696.525 - Bond for escrow agents.
Section 696.527 - Deposits in lieu of bond; payment of claims; waiver.
Section 696.530 - Expiration and renewal of license; fees; rules.
Section 696.532 - Limited license.
Section 696.534 - Records of escrow agents; rules.
Section 696.535 - Grounds for refusing, suspending or revoking license or reprimanding licensee.
Section 696.541 - Authority of commissioner over escrow agents; rules.
Section 696.545 - Investigation; injunction; jurisdiction.
Section 696.570 - Hearings procedure under ORS 696.505 to 696.590; subpoena.
Section 696.579 - Funds exempt from execution or attachment; designation of funds.
Section 696.585 - Civil penalties.
Section 696.590 - Penalty amounts.
Section 696.600 - Definitions for ORS 696.392, 696.600 to 696.785 and 696.995.
Section 696.603 - License requirement.
Section 696.612 - Grounds for disciplinary action.
Section 696.627 - On-site inspection allowed; deposit.
Section 696.710 - Necessity of alleging license in action to collect compensation.
Section 696.790 - Authority of commissioner to require fingerprints.
Section 696.795 - Authority of commissioner to conduct investigations and proceedings.
Section 696.800 - Definitions.
Section 696.805 - Real estate licensee as seller’s agent; obligations.
Section 696.810 - Real estate licensee as buyer’s agent; obligations.
Section 696.815 - Representation of both buyer and seller; obligations.
Section 696.820 - Agency disclosure pamphlet; rules.
Section 696.822 - Liability of principal for act, error or omission of agent or subagent.
Section 696.835 - Buyer and seller responsibilities.
Section 696.840 - Compensation and agency relationships.
Section 696.845 - Acknowledgment of existing agency relationships form; rules.
Section 696.855 - Common law application to statutory obligations and remedies.
Section 696.870 - Duties of real estate licensee under ORS 105.462 to 105.490, 696.301 and 696.870.
Section 696.880 - Licensee not required to disclose proximity of registered sex offender.
Section 696.890 - Duties of real estate property managers.
Section 696.995 - Civil penalties for violation of ORS 696.603, 696.606 or 696.612.