Selling your home without an agent inPortland, Oregon

2024 Or. Laws ch. 3, § 5(1)(a)

Under Oregon’s current residential-property-wholesaling regime, a residential property wholesaler must provide the required written disclosure to potential buyers and sellers before entering a written wholesale contract.

ORS 105.465(1)(a)(A)

Oregon’s seller-property-disclosure regime includes real property consisting of or improved by one to four dwelling units when the statutory residential-use condition is met.

ORS 105.465(2)

Except for the ORS 105.475(4) refusal path and applicable exclusions, an Oregon seller must complete, sign, and deliver the ORS 105.464 seller’s property disclosure statement to each buyer who makes a written offer.

ORS 105.475(1)

Unless already waived in writing, an Oregon buyer has five business days after delivery of the seller’s property disclosure statement to revoke the offer by delivering a separate signed written revocation that disapproves the disclosure.

ORS 105.475(4)

If an Oregon seller fails or refuses to provide the required disclosure statement, the buyer has a revocation right until that right terminates under ORS 105.475(3), including termination at closing.

42 U.S.C. § 4851b(27)

Federal lead-disclosure law generally defines target housing as housing constructed before 1978, subject to the statutory elderly, disability, zero-bedroom, child-occupancy, and jurisdiction-specific exceptions.

42 U.S.C. § 4852d(a)(1)(B)

Before a purchaser or lessee is contractually obligated for target housing, the seller or lessor must disclose known lead-based paint or hazards and provide available lead-hazard evaluation reports.

42 U.S.C. § 4852d(a)(1)(C)

For a target-housing sale, the seller must permit the purchaser a 10-day lead risk-assessment or inspection period unless the parties mutually agree to a different period.

ORS 105.485

Oregon places the burden of proving lawful delivery of the seller disclosure and amendments on the seller, and the burden of proving lawful delivery of a buyer revocation on the buyer.

City HES seller guidance > display score

Applies in Portland city

The City directs sellers to disclose the score and report in public advertisements whether represented by a real estate professional or selling FSBO.

City HES seller guidance > existing report

Applies in Portland city

Current City guidance permits an existing score and report to be reused for up to eight years if no assessed home features have changed, but requires a new score and report after improvements evaluated by the assessment.

City HES seller guidance > jurisdiction question

Applies in Portland city

The City program applies only to homes within Portland’s jurisdictional boundary; a Portland mailing address alone does not establish coverage.

City HES seller guidance > public advertising question

Applies in Portland city

Current City guidance says the Home Energy Score requirements do not apply when a home is sold privately between two parties and is never publicly advertised.

PCC 17.108.020(D)

Applies in Portland city

Portland’s covered-building definition excludes detached accessory dwelling units, manufactured dwellings, and single dwelling units used solely for commercial purposes.

PCC 17.108.020(D)

Applies in Portland city

Portland Home Energy Score coverage includes detached single-unit houses on their own lots and attached single units extending foundation-to-roof, including listed row-house, attached-house, common-wall, duplex, and townhouse configurations.

PCC 17.108.020(M)

Applies in Portland city

For Portland Home Energy Score purposes, a printed advertisement, internet posting, or publicly displayed sign can constitute listing a covered building publicly for sale.

PCC 17.108.020(Q)

Applies in Portland city

Portland’s real-estate-listing definition expressly includes public listings made by a property owner as well as those made by a licensed real estate agent.

PCC 17.108.020(S)

Applies in Portland city

The chapter’s sale definition excludes inheritance, involuntary title transfer from secured-obligation default, marriage or divorce title changes, condemnation, and other involuntary changes by operation of law.

PCC 17.108.040

Applies in Portland city

Before publicly listing a covered building for sale, its seller or designated representative must complete the chapter’s rating-and-disclosure steps.

PCC 17.108.040(A)

Applies in Portland city

A covered seller must obtain the building’s home energy performance report from a state-licensed home energy assessor before public listing.

PCC 17.108.040(B)(2)

Applies in Portland city

The seller must provide a copy of the home energy performance report to prospective buyers who visit while the home is publicly listed.

PCC 17.108.040(B)(3)

Applies in Portland city

The seller must provide the report to the City Administrator for quality assurance and compliance evaluation.

PCC 17.108.040(C)

Applies in Portland city

Every covered real estate listing must include the Home Energy Performance Score and must include the report when the listing service accepts attachments.

PCC 17.108.050(A)

Applies in Portland city

A seller may seek a City exemption by submitting documentation for a foreclosure sale, trustee’s sale, deed-in-lieu sale, or qualifying pre-foreclosure short sale.

PCC 17.108.050(D)

Applies in Portland city

The City Administrator may provide a waiver for a homebuilder or seller using a scoring product that does not comply with the Oregon Home Energy Performance Score Standard.

PCC 17.108.060(A)

Applies in Portland city

Failure to comply with Chapter 17.108 or misrepresentation of a material fact in a required document is a violation.

PCC 17.108.060(B)(1)

Applies in Portland city

For a first violation, the City Administrator may issue a written warning describing the violation and required compliance steps.

PCC 17.108.060(B)(2)

Applies in Portland city

If a warned violation remains unremedied for 90 days, the City may assess up to $500, with additional penalties up to $500 for each later 180-day continuation period.

PCC 17.108.070

Applies in Portland city

After a first warning, a person receiving a subsequent violation notice must within 10 days either pay the stated assessment or request a Code Hearings Officer appeal under Chapter 22.10.