(2) A buyer’s agent owes the buyer, other principals and the principals’ agents involved in a real estate transaction the following affirmative duties:
(a) To deal honestly and in good faith;
(b) To present all written offers, written notices and other written communications to and from the parties in a timely manner without regard to whether the property is subject to a contract for sale or the buyer is already a party to a contract to purchase; and
(c) To disclose material facts known by the buyer’s agent and not apparent or readily ascertainable to a party.
(3) A buyer’s agent owes the buyer involved in a real estate transaction the following affirmative duties:
(a) To exercise reasonable care and diligence;
(b) To account in a timely manner for money and property received from or on behalf of the buyer;
(c) To be loyal to the buyer by not taking action that is adverse or detrimental to the buyer’s interest in a transaction;
(d) To disclose in a timely manner to the buyer any conflict of interest, existing or contemplated;
(e) To advise the buyer to seek expert advice on matters related to the transaction that are beyond the agent’s expertise;
(f) To maintain confidential information from or about the buyer except under subpoena or court order, even after termination of the agency relationship; and
(g) Unless agreed otherwise in writing, to make a continuous, good faith effort to find property for the buyer, except that a buyer’s agent is not required to seek additional properties for the buyer while the buyer is subject to a contract for purchase or to show properties for which there is no written agreement to pay compensation to the buyer’s agent.
(4) A buyer’s agent may show properties in which the buyer is interested to other prospective buyers without breaching an affirmative duty to the buyer.
(5) Except as provided in subsection (3)(g) of this section, an affirmative duty may not be waived.
(6) Nothing in this section implies a duty to investigate matters that are outside the scope of the real estate licensee’s expertise, including but not limited to investigation of the condition of property, the legal status of the title or the owner’s past conformance with law, unless the licensee or the licensee’s agent agrees in writing to investigate a matter. [1993 c.570 §4; 2001 c.300 §46; 2003 c.398 §12; 2005 c.393 §7]
Note: See note under 696.800.
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.