OAR 863-050-0020: Disclosure of Interest

(1) An escrow agent must act as a disinterested, neutral third party with regard to any of the principals to an escrow transaction. (2) An escrow agent must provide the disclosure required by this rule if the escrow agent, its owners, officers, management staff in the office of the escrow agent handling the escrow transaction, or the escrow officer handling the escrow transaction knows of any interest or relationship described in section (5) of this rule. (3) An escrow agent must disclose to the principals in an escrow transaction, in a separate written notice: (a) The specific interest the agent or the agent’s employees have in the transaction described in section (5) of this rule; and (b) The statement described in section (6) of this rule. (4) An escrow agent must deliver the notice required by this rule to the principals: (a) When the escrow agent accepts the escrow and before any of the principals becomes liable for any costs or signs any written escrow instruction; or (b) If the interest is discovered after any of the principals becomes liable for costs or signs written escrow instructions, upon discovery of the interest. (5) An escrow agent must disclose any interest that the agent or the agent’s employees have in the escrow transaction, other than as escrow agent, title insurer, or title insurance agent. Such interests include but are not limited to the following: (a) A family relationship by blood, domestic partnership, or marriage with the escrow officer or such other staff member who may be assigned responsibility for the administration of the escrow agent's transaction file, with respect to any principal in the transaction, real estate licensee, lender, mortgage or loan broker, builder, or subdivider with an interest in the transaction; (b) Any pecuniary business interest in the transaction other than as escrow agent, title insurer, or title insurance agent; and (c) Any financial interest of the escrow agent, escrow officer or such other staff member assigned responsibility for the administration of the escrow agent's file when that interest is more than five percent ownership interest in: (A) A principal in the transaction; or (B) A real estate licensee, lender, mortgage or loan broker, developer, builder or subdivider interest in the transaction. (6) An escrow agent must include the following statement in a disclosure made under this rule: "We call this interest to your attention in order to be open and fair with you. In our opinion this interest will not prevent us from being a fair and impartial escrow agent in this transaction. Nevertheless, you may request that this transaction be closed by some other licensed escrow agent if you so desire." (7) An escrow agent making any disclosure required by this rule must take a written receipt for the disclosure statement or document the disclosure and its delivery to a principal. The escrow agent must maintain such receipts or documentation as a required record. (8) For the purposes of this rule, if an escrow agent gives any services, property, or anything of value as a marketing tool to induce the recipient to bring or refer escrow business to the escrow agent, such giving is not a pecuniary business interest or financial interest for which disclosure must be made under this rule. (9) The receipt by an escrow agent of bank services and interest earned on clients’ trust funds under ORS 696.578(2) are not subject to the disclosure requirements of this rule.