SELLER'S PROPERTY DISCLOSURE STATEMENT, or STATEMENT of EXCLUSION Form

Understanding the Seller's Property Disclosure Statement

The Seller's Property Disclosure Statement, often referred to as the Oregon Seller's Property Disclosure Statement (ORS 105 470), is a crucial document in real estate transactions. This form allows sellers to disclose known issues with the property to potential buyers. It serves to protect both parties by ensuring transparency regarding the property's condition. By filling out this form, sellers can provide important information about the property, including any defects, repairs, and other relevant details that may affect the buyer's decision.

Steps to Complete the Seller's Property Disclosure Statement

Completing the Seller's Property Disclosure Statement involves several key steps:

• Gather Information: Collect all relevant details about the property, including past repairs, maintenance history, and any known issues.
• Fill Out the Form: Use the ORS 105 470 form to document the information accurately. Be thorough and honest in your disclosures.
• Review the Document: Carefully review the completed form to ensure all information is correct and complete.
• Provide to Potential Buyers: Once completed, present the disclosure statement to potential buyers as part of the sales process.

Legal Use of the Seller's Property Disclosure Statement

The Seller's Property Disclosure Statement is legally binding in Oregon, provided it is completed accurately and honestly. Under ORS 105 470, sellers are required to disclose material defects that could affect the property's value or desirability. Failure to disclose known issues can lead to legal consequences, including potential lawsuits from buyers who feel misled. Therefore, it is essential for sellers to understand their legal obligations when completing this form.

Key Elements of the Seller's Property Disclosure Statement

The key elements of the Seller's Property Disclosure Statement include:

• Property Condition: Sellers must disclose any known issues with the property's structure, systems, and appliances.
• Environmental Hazards: Any known environmental hazards, such as lead paint, asbestos, or mold, must be reported.
• Legal Issues: Sellers should disclose any legal disputes related to the property, including liens or easements.
• Repairs and Improvements: A history of repairs and improvements made to the property should be included.

Obtaining the Seller's Property Disclosure Statement

The Seller's Property Disclosure Statement can be obtained through various channels. Real estate agents often provide this form as part of their services. Additionally, it is available through the Oregon Secretary of State's website or local real estate offices. Sellers can also find templates online that comply with ORS 105 470, ensuring they meet all legal requirements when disclosing property information.

Examples of Using the Seller's Property Disclosure Statement

Using the Seller's Property Disclosure Statement effectively can enhance the selling process. For instance, a seller disclosing a history of roof repairs can prevent future disputes by setting clear expectations for buyers. Similarly, if a property has had previous pest issues, disclosing this information allows buyers to make informed decisions regarding inspections and potential treatments. These examples illustrate how transparency fosters trust and can facilitate smoother transactions.