2021 Oregon Revised Statutes
Chapter 093 - Conveyancing and Recording
Section 93.290 - Risk of loss after contract to sell realty has been executed.


(1) If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that the purchaser has paid;
(2) If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is the purchaser entitled to recover any portion thereof that the purchaser has paid. [1955 c.144 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 093 - Conveyancing and Recording

Section 93.020 - Creating, transferring or declaring estates or interests in realty.

Section 93.030 - Contracts to convey, instruments of conveyance and related memoranda to state consideration.

Section 93.040 - Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property; liability of drafter and recorder.

Section 93.180 - Forms of tenancy in conveyance or devise to two or more persons.

Section 93.190 - Trustees or personal representatives as joint tenants; filling vacancies in office.

Section 93.220 - Release, limitation or restriction of power of appointment.

Section 93.230 - Copy of Department of State Lands deed or patent given when original lost.

Section 93.240 - Rights to deferred installments of purchase price where two or more persons join as sellers of real property.

Section 93.260 - Tax statement information required in conveyancing instrument.

Section 93.265 - Notice to real property manager of certain actions; procedures; effect on title.

Section 93.268 - Notice to state agency of transfer or encumbrance of real property by title insurance company.

Section 93.269 - Declaration or covenant related to future fees, commissions or payments to declarant; recording; exceptions.

Section 93.270 - Certain restrictions in instruments prohibited; restriction on right of action.

Section 93.272 - Procedure for removal of certain restrictions.

Section 93.274 - Procedure for removal of discriminatory restrictions.

Section 93.275 - Incidents not material facts to real property transaction; legislative findings.

Section 93.277 - Restrictions on development of certain housing prohibited.

Section 93.280 - Manner of conveyance to create joint property rights.

Section 93.285 - Procedure for enforcement of contractual requirement for delivery of deed of conveyance.

Section 93.286 - Effects of fulfillment of contract for sale by enforcement of requirement for delivery of deed of conveyance.

Section 93.290 - Risk of loss after contract to sell realty has been executed.

Section 93.310 - Rules for construing description of real property.

Section 93.312 - Oregon Coordinate System.

Section 93.610 - Separate books for recording deeds and mortgages; consolidated index.

Section 93.635 - Acknowledgment and recording of instruments contracting to convey fee title.

Section 93.640 - Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser.

Section 93.643 - Method of giving constructive notice of interest in real property; electronic lien records.

Section 93.645 - Priority of purchaser; extinguishing judgment lien; right of judgment creditor; "judgment" defined.

Section 93.670 - Power of attorney and executory contract for sale or purchase of lands; recordability; effect as evidence; revocation.

Section 93.680 - Patents, judgments and official grants; recordability; evidence.

Section 93.690 - Recording of instruments evidencing passage of title to land from United States to State of Oregon.

Section 93.710 - Instruments or memoranda creating certain interests in realty; contents; reforestation order; effect of recording.

Section 93.740 - Notice of lis pendens; contents; recordation; effect; discharge.

Section 93.770 - Recordability of notices of bankruptcy and petitions, orders and judgments from bankruptcy cases.

Section 93.779 - Definitions for ORS 93.779 to 93.802.

Section 93.790 - Incorporation of master form instrument by reference in short form instrument; effect of deviation.

Section 93.800 - Matter not to be recorded when accompanying short form instrument; liability for nonrecording.

Section 93.802 - Recordation of short form instrument.

Section 93.804 - Requirement for original signatures for recording; recordation of certified copies; recordation of electronic image of instrument.

Section 93.806 - Recordation of instrument creating certain liens.

Section 93.810 - Validating and curative Acts.

Section 93.850 - Warranty deed form; effect.

Section 93.855 - Special warranty deed form; effect.

Section 93.860 - Bargain and sale deed form; effect.

Section 93.865 - Quitclaim deed form; effect.

Section 93.905 - Definitions for ORS 93.905 to 93.940.

Section 93.913 - Forfeiture allowed for default under certain collateral assignments of interest.

Section 93.915 - Notice of default; contents; recordation; time of forfeiture; interim measures.

Section 93.918 - Continuation of proceedings after certain types of stay ordered by court; procedures.

Section 93.930 - Recording affidavit after forfeiture; affidavit as evidence.

Section 93.935 - Effect of purchaser’s abandonment or reconveyance on interest, lien or claim.

Section 93.945 - Application of ORS 93.910 to 93.940.

Section 93.948 - URPTDA 1. Short title.

Section 93.949 - URPTDA 2. Definitions.

Section 93.950 - URPTDA 3. Applicability.

Section 93.951 - URPTDA 4. Nonexclusivity.

Section 93.953 - URPTDA 5. Authority for transfer on death deed.

Section 93.955 - URPTDA 6. Revocability of transfer on death deed.

Section 93.957 - URPTDA 7. Nontestamentary nature of transfer on death deed.

Section 93.959 - URPTDA 8. Capacity of transferor; fraud, duress or undue influence.

Section 93.961 - URPTDA 9. Requirements.

Section 93.963 - URPTDA 10. Notice; delivery; acceptance; consideration.

Section 93.965 - URPTDA 11. Revocation by instrument; revocation by act.

Section 93.967 - URPTDA 12. Effect of transfer on death deed during transferor’s life.

Section 93.969 - URPTDA 13. Effect of transfer on death deed at transferor’s death.

Section 93.971 - URPTDA 14. Disclaimer.

Section 93.973 - URPTDA 15. Liability for creditor claims and statutory allowances.

Section 93.975 - URPTDA 16. Form of transfer on death deed.

Section 93.977 - URPTDA 17. Form of instrument revoking transfer on death deed.

Section 93.979 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 93.981 - Effect of divorce or annulment on transfer on death deed.

Section 93.983 - Transfer to parent who deserted or neglected transferor.

Section 93.985 - Forfeiture of transfer by parent who deserted or neglected transferor.

Section 93.990 - Penalties.