ORS 453.870: Transfer allowed after full disclosure.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Any property that is not fit for use as determined under ORS 453.876 may be transferred or sold if full, written disclosure, as required by rules of the Oregon Health Authority, is made to the prospective purchaser, attached to the earnest money receipt, if any, and shall accompany but not be a part of the sale document nor be recorded. However, such property shall continue to be subject to the provisions of ORS 453.876, regardless of transfer or sale under this section. (2) Any transferee or purchaser who does not receive the notice described in subsection (1) of this section may set aside the transfer or sale as voidable and bring suit to recover damages for any losses incurred because of the failure to give such notice. (3) The transferor or seller of any property described in subsection (1) of this section shall notify the authority of the transfer or sale as required by rule of the authority. [1989 c.915 §5; 2009 c.595 §924]
Administrative rules citing this section
- OAR 333-040-0010: Purpose and Scope — implements
- OAR 333-040-0020: Definitions — implements
- OAR 333-040-0050: Determination of Unfitness for Use — implements
- OAR 333-040-0060: Unfit for Use Listing by State Department of Consumer and Business Services, Building Codes Division — implements
- OAR 333-040-0065: Procedures for Owners of Unfit for Use Properties — implements
- OAR 333-040-0070: Procedures for Assessment, Decontamination, Sampling and Testing — implements
- OAR 333-040-0080: Compliance with Regulations and Disposing of Contents of Unfit for Use Properties — implements
- OAR 333-040-0090: Destruction of Unfit for Use Property — implements
- OAR 333-040-0100: Disclosure for Sale or Transfer of Illegal Drug Manufacturing Sites — implements
- OAR 333-040-0110: Qualifications, Training and Licensing of Contractors and Employees — implements
- OAR 333-040-0120: Contractor Listing — implements
- OAR 333-040-0130: On-Site Supervision — implements
- OAR 333-040-0135: Qualifications and Training of Sampling Personnel — implements
- OAR 333-040-0140: Entry and Inspection — implements
- OAR 333-040-0150: Quality Control Checks — implements
- OAR 333-040-0170: Advice and Consultation — implements
- OAR 333-040-0180: Licenses and Fees — implements
- OAR 333-040-0190: Reciprocity — implements
- OAR 333-040-0230: Denial, Suspension, Revocation of License and Civil Penalties — implements
- OAR 918-010-0005: Reasonable Notice to Interested Parties — implements
- OAR 918-010-0005: Reasonable Notice to Interested Parties — authority
- OAR 918-010-0020: Notice of Listing in the Registry — implements
- OAR 918-010-0020: Notice of Listing in the Registry — authority
This rule cites
- ORS 453.876 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors453.html