OAR 863-015-0215: Initial Agency Disclosure Pamphlet

(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) An agent shall provide a copy of the initial agency disclosure pamphlet, which complies with section (5) of this rule, at first contact with: (a) A prospective party to a real property transaction; or (b) An unrepresented party seeking representation during the course of a real property transaction. (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) 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) The initial agency disclosure pamphlet must contain: (a) The following information, directed to the consumer: (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. (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. (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 (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. (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. (c) The definition of “confidential information” in ORS 696.800. (d) The affirmative duties and responsibilities of a seller’s agent under ORS 696.805. (e) The affirmative duties and responsibilities of a buyer’s agent under ORS 696.810. (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. (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) 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.]