Oregon Real Estate Agency
Initial Agency Disclosure Pamphlet
Required by Oregon law (OAR 863-015-0215). The real estate agent who gave you this pamphlet is required to do so by Oregon law. This pamphlet describes the legal obligations of real estate licensees in Oregon.
About This Pamphlet
The Oregon Real Estate Agency requires all licensed real estate brokers and principal brokers to provide this pamphlet at first contact with any party to a real property transaction — whether in person, by telephone, over the Internet, or by electronic mail. This pamphlet is informational only and does not create an agency relationship.
What Is an "Agency" Relationship?
"Agency" is a term used to describe the legal relationship between a real estate agent and the parties in a real estate transaction. In Oregon, there are three types of agency relationships:
Seller's Agent
A licensee who has entered into a listing agreement with the seller and acts on behalf of the seller only.
Buyer's Agent
A licensee who has agreed to represent the buyer and acts on behalf of the buyer only.
Disclosed Limited Agent
A licensee who represents both the seller and the buyer in the same transaction, with full disclosure to both parties.
A real estate agent may provide services to a consumer without being the consumer's agent. It is important for you to understand the role of each agent in a real estate transaction.
What Are the Duties of Real Estate Agents?
Oregon law requires real estate agents to perform certain duties in all real estate transactions. These duties are owed to all parties regardless of who the agent represents:
- Deal honestly and in good faith
- 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
- Disclose material facts known by the agent and not apparent or readily ascertainable to a party
Seller's Agent — ORS 696.805
A seller's agent is a licensee who has entered into a listing agreement with the seller and acts on behalf of the seller only. The seller's agent is not representing the buyer.
Affirmative Duties to the Seller
In addition to the duties owed to all parties, a seller's agent owes the seller the following affirmative duties:
- Exercise reasonable care and diligence
- Account in a timely manner for money and property received from or on behalf of the seller
- Be loyal to the seller by not taking action that is adverse or detrimental to the seller's interest in a transaction
- Disclose in a timely manner to the seller any conflict of interest, existing or contemplated
- Advise the seller to seek expert advice on matters related to the transaction that are beyond the agent's expertise
- Maintain confidential information from or about the seller except under subpoena or court order, even after termination of the agency relationship
- Unless agreed otherwise in writing, make a continuous, good faith effort to find a buyer for the property — except that a seller's agent is not required to seek additional offers while the property is subject to a contract for sale
Additional Provisions
- A seller's agent may show properties owned by another seller to a prospective buyer and may list competing properties for sale without breaching any affirmative duty to the seller.
- Except as noted above, an affirmative duty may not be waived.
- The agent has no implied duty to investigate matters outside their expertise, including property condition, title status, or past conformance with law — unless the licensee agrees in writing to investigate.
- To help a seller avoid selecting a buyer based on protected characteristics, a seller's agent shall reject any non-customary communication from a buyer, including photographs, that could reveal the buyer's race, color, religion, sex, sexual orientation, national origin, marital status, or familial status.
Buyer's Agent — ORS 696.810
A buyer's agent is a licensee who has agreed to act on behalf of the buyer only. The buyer's agent is not representing the seller, even if the buyer's agent is receiving compensation for services rendered, either in full or in part, from the seller or through the seller's agent.
Affirmative Duties to the Buyer
In addition to the duties owed to all parties, a buyer's agent owes the buyer the following affirmative duties:
- Exercise reasonable care and diligence
- Account in a timely manner for money and property received from or on behalf of the buyer
- Be loyal to the buyer by not taking action that is adverse or detrimental to the buyer's interest in a transaction
- Disclose in a timely manner to the buyer any conflict of interest, existing or contemplated
- Advise the buyer to seek expert advice on matters related to the transaction that are beyond the agent's expertise
- Maintain confidential information from or about the buyer except under subpoena or court order, even after termination of the agency relationship
- Unless agreed otherwise in writing, 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 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
Additional Provisions
- 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.
- Except as noted above, an affirmative duty may not be waived.
- The agent has no implied duty to investigate matters outside their expertise, including property condition, title status, or past conformance with law — unless the licensee agrees in writing to investigate.
Representation of Both Buyer and Seller — ORS 696.815
A real estate licensee may represent both the seller and the buyer in the same transaction only with the knowledge and written consent of both parties. This is called Disclosed Limited Agency.
Duties Under Disclosed Limited Agency
A disclosed limited agent owes:
- All of the affirmative duties to the seller under ORS 696.805
- All of the affirmative duties to the buyer under ORS 696.810
Confidentiality Restrictions
A disclosed limited agent shall not disclose, without the written consent of the party:
- To the buyer, that the seller will accept a price lower than the listing price or other terms less favorable to the seller
- To the seller, that the buyer will pay a price greater than the offered purchase price or other terms more favorable to the seller
- Confidential information as defined in ORS 696.800(3)
When Brokers From the Same Firm Work With Different Parties
If different brokers licensed under the same principal broker are involved in a transaction where one represents the buyer and another represents the seller, only the principal broker is the disclosed limited agent. Each broker continues to represent only their respective party, unless the parties agree otherwise in writing.
In this situation, the principal broker and all involved licensees owe both parties:
- Timely written disclosure of any conflict of interest
- No adverse or detrimental actions toward either party
- Obedience to lawful instructions from both parties
Consumer Notice
Whether you are a buyer or seller, you cannot make a licensee your agent without the licensee's knowledge and consent, and an agent cannot make you a client without your knowledge and consent.
This means an agency relationship is always a two-way agreement. You do not become a client simply by talking to an agent, attending an open house, or receiving this pamphlet. Likewise, an agent cannot claim to represent you without your knowledge and agreement.
None of the affirmative obligations of a real estate licensee in a transaction under ORS 696.805, 696.810, or 696.815 relieves a seller or buyer from the responsibility to protect their own interests.
Definition of "Confidential Information" — ORS 696.800
"Confidential information" means information communicated to a real estate licensee or the licensee's agent by the buyer or seller of one-to-four residential real property units regarding the real property transaction, including but not limited to:
- That the buyer is willing to pay more than the purchase price offered for the property
- That the seller is willing to accept a price less than the listing price for the property
- Any facts or information about either the buyer's or the seller's real property transaction, including the buyer's or the seller's motivation for buying, selling, or leasing the property
- Any information that the buyer or seller indicates in writing to a real estate licensee as confidential
- Any facts or information about either the buyer's or the seller's financial situation
How This Applies to ByOwnerOregon Sellers
When you list your home with ByOwnerOregon (operated by RealtyNet LLC, a licensed Oregon brokerage), here is how agency relationships work:
Your Listing Agent
RealtyNet LLC acts as your seller's agent under a listing agreement. We owe you all the affirmative duties outlined in ORS 696.805 — including loyalty, confidentiality, honest dealing, and timely communication of all offers.
Buyer's Agents
Buyer's agents who show your property represent their own clients — not you. They owe their buyers the duties under ORS 696.810. They owe you honest dealing, timely communication, and material fact disclosure.
Your Protections
All agents in your transaction must deal honestly, present all written communications promptly, and disclose material facts. You always retain the right and responsibility to protect your own interests.
Get a printable PDF version of the Oregon Real Estate Agency Initial Agency Disclosure Pamphlet.
Download PDFKey Facts — Oregon Agency Disclosure
Required by: ORS 696.820, OAR 863-015-0215. When provided: At first contact with any party. Three agency types: Seller's Agent, Buyer's Agent, Disclosed Limited Agent. Creates agency? No — the pamphlet is informational only. Duties waivable? Most duties cannot be waived. Your responsibility: Always protect your own interests regardless of agent duties.
Source: Oregon Revised Statutes, Chapter 696; Oregon Administrative Rule 863-015-0215. ByOwnerOregon.com is operated by RealtyNet LLC, a licensed Oregon real estate brokerage.
The Bottom Line
Oregon's Initial Agency Disclosure Pamphlet ensures you understand who your agent represents and what duties they owe you. Whether you're selling with a flat fee MLS listing or buying through a buyer's agent, your agent has specific legal obligations. When you list with ByOwnerOregon, RealtyNet LLC serves as your seller's agent with all the duties that entails under Oregon law — and you always remain responsible for protecting your own interests.
Frequently Asked Questions
When must a real estate agent give me the Initial Agency Disclosure Pamphlet?
Oregon law requires agents to provide the pamphlet at "first contact" — meaning as soon as the agent has enough information to deliver it to you. It can be provided in person, by email, over the internet, by mail, fax, or similar method.
Does receiving the pamphlet create an agency relationship?
No. The pamphlet is informational only. Receiving it does not create, imply, or establish an agency relationship. An agency relationship is only formed when both you and the licensee knowingly consent to it.
What is a Disclosed Limited Agent?
A Disclosed Limited Agent (sometimes called a dual agent) is a licensee who represents both the buyer and the seller in the same transaction. This arrangement requires full disclosure and written agreement from both parties. The agent must balance duties to both sides and cannot share certain confidential information between the parties.
Can I waive any of my agent's duties?
Most affirmative duties cannot be waived. The only exception is the duty to make a continuous good faith effort to find a buyer (for seller's agents) or find property (for buyer's agents), which can be modified by written agreement.
How does agency disclosure work with ByOwnerOregon's flat fee MLS service?
When you list with ByOwnerOregon (RealtyNet LLC), we act as your seller's agent under a listing agreement. We provide the Initial Agency Disclosure Pamphlet as part of your onboarding. Your listing goes on the MLS, and buyer's agents who show your property represent their own clients — they are not your agents.
What is confidential information in Oregon real estate?
Under ORS 696.800, "confidential information" means information communicated to a real estate licensee or the licensee's agent by the buyer or seller of one-to-four residential units regarding the real property transaction. It specifically includes the buyer's willingness to pay more, the seller's willingness to accept less, any party's motivation for buying, selling, or leasing, and other information requested to remain confidential.
Does Oregon have dual agency?
Oregon uses the term "Disclosed Limited Agency" rather than "dual agency." Under ORS 696.815, a licensee may represent both buyer and seller only with full disclosure and a written disclosed limited agency agreement. When different brokers within the same brokerage work with different parties, only the principal broker serves as the disclosed limited agent.
What happens if my agent violates their duties?
A real estate licensee who violates their affirmative duties may face disciplinary action from the Oregon Real Estate Agency, including fines, license suspension, or revocation. Affected parties may also have grounds for civil legal action.