1. (1) For purposes of this rule, “at first contact” means at the time the agent has sufficient contact information about a person to be able to provide an initial agency disclosure pamphlet to that person. Contact with a person includes, but is not limited to contacts in person, by telephone, over the Internet, by electronic mail, or by similar methods.

2. (2) An agent shall provide a copy of the initial agency disclosure pamphlet, which complies with section (5) of this rule, at first contact with:

   1. (a) A prospective party to a real property transaction; or
   2. (b) An unrepresented party seeking representation during the course of a real property transaction.
3. (3) An agent must provide the initial agency disclosure pamphlet in a written format by electronic mail, over the Internet, by USPS mail, facsimile, hand delivery or similar delivery method.
4. (4) An agent need not provide a copy of the initial agency disclosure pamphlet to a party who has, or may be reasonably assumed to have, received a copy of the pamphlet from another agent.

5. (5) The initial agency disclosure pamphlet must contain:

   1. (a) The following information, directed to the consumer:

      1. (A) A licensed real estate broker or principal broker must give a copy of the initial agency disclosure pamphlet at first contact with a prospective party to a real property transaction or at first contact with an unrepresented party seeking representation during the course of a real property transaction.
      2. (B) A licensed real estate broker or principal broker need not provide a copy of the initial agency disclosure pamphlet to a party who has, or may be reasonably assumed to have, received a copy of the pamphlet from another real estate broker or principal broker.
      3. (C) The pamphlet describes the legal relationship between a broker and a consumer when the real estate broker or principal broker acts as the consumer’s agent; and
      4. (D) The pamphlet is informational only and may not be construed to be evidence of intent to create an agency relationship, as provided in ORS 696.820.
   2. (b) A general definition of an agency relationship and the three real estate agency relationships of seller’s agent, a buyer’s agent and a disclosed limited agent.
   3. (c) The definition of “confidential information” in ORS 696.800.
   4. (d) The affirmative duties and responsibilities of a seller’s agent under ORS 696.805.
   5. (e) The affirmative duties and responsibilities of a buyer’s agent under ORS 696.810.
   6. (f) The affirmative duties and responsibilities of a disclosed limited agent who represents both the buyer and the seller in a transaction under ORS 696.815.
   7. (g) The following statement to the consumer, “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.”

6. (6) The Real Estate Agency will make available a sample of an initial agency disclosure pamphlet that complies with section (5) of this rule on the Agency’s website.

   [ED. NOTE: Forms referenced are available from the agency.]

Statutory/Other Authority

ORS 696.385

Statutes/Other Implemented

ORS 696.805, ORS 696.810, ORS 696.815 & ORS 696.820

History

REA 1-2017, amend filed 11/17/2017, effective 01/01/2018
REA 3-2013, f. 9-4-13, cert. ef. 10-1-13
REA 2-2013(Temp), f. & cert. ef. 5-13-13 thru 11-9-13
REA 6-2008, f. 12-15-08, cert. ef. 1-1-09
REA 1-2005, f. 5-5-05, cert. ef. 5-6-05
REA 1-2002, f. 5-31-02, cert. ef. 7-1-02