Legal Issues to Be Aware of when selling your Home - 

Informing you of these issues is not practicing law on our part. It is informing you of some of your Duties when you sell your home. This is not an all inclusive list. Items will be added as they come to our attention. This is not meant all legal advise in any way - If you are uncertain whether you need to do a certain item, you may contact us to arrange a consultation or contact a real estate attorney.

Here are just few things you should be aware of and present to potential prospects on your home:

• You have legal marketable title to the property & that all liens and encumbrences of record will be cleared when buyer buys the property.
• What appliances, light fixtures and items that look like they come with the property will be removed before sale. 
• CCR's (Codes, Convenants & Restrictions must be provided to any prospect for purchase)
• Lead Based Paint Disclosure & Pamphlets
• Professional Inspections Disclosure - Lists what inspections will be performed & who is going to pay for them. We also have form that lists 40+ inpsections that a buyer can choose from to have done. There is also a space to list concerns the buyer has. We make sure to go over this & have both the Buyer and Seller sign.
• Disclosure Statement (where you answer yes or no to over 62 questions about your property).
• OR Disclaimer (selling the property "As is" - still does not allow you to not disclosure any defects or problems on the property. If you hide something and it comes to the buyers attention - expect to end up before are arbitrator or in court). 
  • NOT Sure which one to use or if you need to give one at all - we have a form that details that as well. Contact us for copy.
• You will need to represent whether the property:
  • is connected to public sewer system or have septic tank:
  • is connected to public water system or has well. 
  • has a working smoke detector.
  • has hazardous substances on the property
  • has any material structural defects - electrical wiring, heating, cooling, plumbing, irrigation equipement & systems
  • has any notice from any government agencey of any violation of law relating to the property,
  • will have prior to closing (if the seller receives actual notice)  any event or condition which could result in making any previously disclosed material information relating to the property misleading or incorrect.
• Well Water - needs to be tested for nitrates & total coliform bacteria, provides adequate water supply throughout the seasonetc. Required by Oregon Law
• Septic System - requires to be inspected & pass inspections - flow tests, etc. 
• Siding Disclosure - Is the siding LP (Louisiana Pacific Inner-Seal oriented strand board siding? Covered by a warranty? Any problems with it?
• Well Information - Oregon Law requires certain information to be recorded when the property is sold. The Departement of Water Resources should be contacted for application forms - new tags are sent to the new landoner & need to be attached to the well & another form must be filed with the County Clerk within 60 Days - Contact Roger Wright of the DWR (503) 378-84655.
• How complaints regarding the property are to be handled. Oregon's Real Estate Sales Agreement has it that if a complaint arrises that it will attempt to be solves by both parties, if no agreement is reached, it goes before meditation (grievance committee) still no argeement, transferred to an arbitrator who is an expert in the problem/complaint's field. His/her ruling is the last word. Or (and this must be written into the contract) you prefer to go to court, take all the time off from work to sit in front of a judge,  spend the money for all the lawyer fees, go before a random selection of jurers from the open public (not an expert) with usually little to no knowledge of real estate. It is your choice.

Not sure what to do - we would be pleased to be of service. We have many forms designed to help inform you and educate you as to your choices.

Our Favorite - The Red Flags check off list. We will use this whether we are listing the property or showing it to a prospective Buyer. It lists 46 potential problems and we check off whether it is a definite Red Flag/potential problem, possible problem or nothing observed to be a problem. 

Second Favorite - List of possible inspections that can be performed. From sexual offenders in the neighborhood to possible land use changes or airport approach &  traffic control. You need to know what you need to be looking for.

Make sure you take the necessary steps to protect yourself when you buy or sell your home. When you're not sure what to do - always disclosure the concern. Better safe than sorry is our Motto.