Bill Text: OR HB2270 | 2013 | Regular Session | Introduced


Bill Title: Relating to lifting devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2270 Detail]

Download: Oregon-2013-HB2270-Introduced.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2670

                         House Bill 2270

Sponsored by Representative WITT (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits supervising, directing or performing installation,
alteration or repair of elevator in manner that results in
elevator failing to meet minimum safety standards. Prohibits
unauthorized tampering with indicia of elevator inspection. Makes
violations subject to maximum penalty of 30 days' imprisonment,
$1,250 fine, or both.
  Requires that residential elevator be inspected for conformance
with minimum safety standards upon installation or alteration.
Requires owner of one or two family dwelling equipped with
elevator to have elevator inspected upon sale or other transfer
of title to dwelling. Makes violations subject to maximum penalty
of 30 days' imprisonment, $1,250 fine, or both. Exempts
residential elevators from requirements for operating permits,
maintenance and periodic inspection.
  Modifies list of representations in seller property disclosure
statement to include elevators and other forms of lifting
devices.

                        A BILL FOR AN ACT
Relating to lifting devices; creating new provisions; and
  amending ORS 105.464, 460.005, 460.035 and 460.165.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2, 4 and 7 of this 2013 Act are added
to and made a part of ORS 460.005 to 460.175. + }
  SECTION 2.  { + A person may not:
  (1) Supervise, direct or perform the installation, alteration
or repair of an elevator in a manner that results in the elevator
failing to meet minimum safety standards.
  (2) Except as provided in this subsection, without
authorization from the Department of Consumer and Business
Services, remove, transfer, alter or otherwise tamper with an
elevator inspection permit, label, tag or other indicia of
inspection placed at an elevator inspection site or placed on
elevator equipment. The owner of the property on which an
elevator is installed may remove the construction-use provisional
permit, label, tag or other indicia if:
  (a) All required inspections of the installation have been
performed;
  (b) The installation is in conformance with the elevator code;
and

  (c) The inspector of the elevator has given final approval of
the installation. + }
  SECTION 3. ORS 460.005 is amended to read:
  460.005. As used in ORS 460.005 to 460.175, unless the context
requires otherwise:
  (1) 'Alteration' means a change or addition to equipment, other
than the ordinary repair or replacement of an existing part of
the equipment.
  (2) 'Certified elevator inspector' means an employee or
representative of a casualty insurance company or companies who
has passed the required examination and has been issued a
certificate of competency as an elevator inspector by the
Department of Consumer and Business Services.
  (3) 'Elevator' means a hoisting and lowering mechanism equipped
with a car or platform that moves in guides, and that serves two
or more landings, and includes but is not limited to dumbwaiters,
escalators, manlifts, platform hoists, vertical parking units for
motor vehicles and moving walks.
  (4) 'Elevator contractor license' means an authorization issued
by the department under ORS 460.005 to 460.175 for the licensee
to engage in the business of installing, altering, repairing and
maintaining elevators.
  (5) 'Installation permit' means a permit issued by the
department for the installation, alteration or repair of an
elevator.
  (6) 'Minimum safety standards' means safety standards provided
by ORS 460.005 to 460.175 or by rules adopted under ORS 460.005
to 460.175.
  (7) 'Moving walk' means a power-driven, horizontal or inclined,
or combination, passenger-carrying device, in which the
passenger-carrying surface remains parallel to its direction of
motion, and is uninterrupted.
  (8) 'Operating permit' means a permit issued by the department
for the operation of an elevator.
  (9) 'Platform hoist' means a hoisting and lowering mechanism
equipped with an open platform that moves in a substantially
vertical direction and that travels a limited distance above or
below a building floor or dock level.
  (10) 'Provisional operating permit' means a permit issued by
the department on the basis of a variance from the minimum safety
standards under ORS 460.005 to 460.175.
   { +  (11) 'Residential elevator' means an elevator located in
a one or two family dwelling. + }
    { - (11) - }  { +  (12) + } 'Temporary operation
authorization' means an authorization issued by the department to
operate an elevator for a specified period pending the issuance
of an operating permit.
  SECTION 4. { +  (1) The owner of a dwelling that has a
residential elevator shall have the elevator inspected by a
certified elevator inspector or the Department of Consumer and
Business Services upon installation of the elevator and following
any alteration of the elevator. If the elevator does not meet
minimum safety standards, the owner shall have any necessary
repairs or alterations performed and the elevator reinspected
before the elevator is placed into service or operated.
  (2) Notwithstanding ORS 460.045 and 460.055, a residential
elevator may be placed into service and operated without an
operating permit or temporary operation authorization.
Notwithstanding ORS 460.085, the Director of the Department of
Consumer and Business Services may not impose a safety standard
that imposes a maintenance requirement for a residential
elevator.  Notwithstanding ORS 460.125, a residential elevator is
not subject to periodic inspection. + }
  SECTION 5. ORS 460.035 is amended to read:
  460.035. (1) Fees are not required under ORS 460.005 to 460.175
to install, alter, repair, operate or maintain an elevator:
  (a) Under the supervision of the United States Government
 { - . - }  { + ; or + }
  (b) That is a nonpower-driven lifting device.
    { - (c) Located in a private residence, except for initial
installation. - }
   { +  (2) Fees are not required under ORS 460.005 to 460.175 to
operate or maintain a residential elevator. + }
    { - (2) - }  { +  (3) + } The owner or user of an elevator
described in subsection (1)  { + or (2) + } of this section may
request that the Department of Consumer and Business Services
inspect the elevator.  If the department performs   { - the
inspection, the department, notwithstanding subsection (1) of
this section, - }  { +  an inspection under this subsection,
notwithstanding subsections (1) and (2) of this section, the
department  + }may collect the appropriate fee for performing the
inspection.
    { - (3) - }  { +  (4) + } Pipes installed in an elevator
hoistway prior to July 1, 1961, that do not convey gases or
liquids that would endanger life if discharged into the hoistway
need not be removed.
    { - (4) - }  { +  (5) + } ORS 460.005 to 460.175 do not apply
to:
  (a) Belt, bucket, scoop, roller or similar type material
conveyors.
  (b) Hoists for raising or lowering materials and that are
provided with unguided hooks, slings and similar means for
attachment to the materials.
  (c) Material hoists used only to raise and lower building
material in buildings under construction.
  (d) Stackers that serve one floor only.
  (e) Window-washing scaffolds.
  (f) Nonpower-driven lifting devices.
  (g) Amusement rides.
  (h) Mine elevators.
  (i) Elevators under the supervision of the United States
Government.
    { - (j) Elevators located in private residences, except for
initial installation permits and installation inspections. - }
    { - (k) - }  { +  (j) + } Other elevators and equipment as
provided by the department by rule.
  SECTION 6. ORS 460.165 is amended to read:
  460.165. (1) Subject to ORS 460.035 (1)  { + and (2) + } and
460.085 (1), the Department of Consumer and Business Services may
collect the following fees:
  (a) For each year of an elevator contractor's license for each
place of business operated by the applicant, $195.
  (b) For the submission of plans and other pertinent data when
required, for each elevator, $78.
  (c) For each year of an inspection period for an operating
permit:
  (A) A dumbwaiter, sidewalk elevator, residential elevator,
residential inclinator or subveyor, $60.
  (B) An escalator, lowerator, manlift, stagelift, inclined
elevator, platform hoist or moving walk, $98.
  (C) A power-driven elevator with a four floor rise or under,
$88.
  (D) A power-driven elevator with over a four floor rise, but
under a 10-floor rise, $108.
  (E) A power-driven elevator with a 10-floor rise or over, but
under a 20-floor rise, $134.
  (F) A power-driven elevator with a 20-floor rise or over, $157.
  (d) For a reinspection, $75.
  (e) For special inspections of hoisting or lowering mechanisms
other than elevators, or for inspections, testing, consultations,
site visits or other services for which no fee is otherwise
specified, $75 per hour for travel and inspection time.
  (f) For an elevator installation permit, if the total cost of
the installation or alteration is:
  (A) $1,000 or under, $98.
  (B) Over $1,000 but under $15,000, $98 plus $13 for each $1,000
or fraction of $1,000 by which the cost exceeds $1,000.
  (C) $15,000 or over but under $50,000, $280 plus $8 for each
$1,000 or fraction of $1,000 by which the cost exceeds $15,000.
  (D) $50,000 or over, $553 plus $3 for each $1,000 or fraction
of $1,000 by which the cost exceeds $50,000.
  (2) If an owner or user of any elevator equipment fails to pay
a fee required under this section within 90 days after the
billing date, the department may consider the fee delinquent and
double the amount of the fee.
  SECTION 7.  { + (1) Except as provided in subsection (2) of
this section, the owner of a dwelling equipped with a residential
elevator shall have the elevator inspected by a certified
elevator inspector or the Department of Consumer and Business
Services prior to entering into an agreement for the sale or
other transfer of title to the dwelling. The owner of the
dwelling shall provide a copy of the inspection report to at
least one purchaser or transferee of the dwelling no later than
the time that the owner agrees to sell or otherwise transfer
title to the dwelling to the purchaser or transferee.
  (2) This section does not require the owner of a dwelling to
have a residential elevator inspected if:
  (a) The elevator has been inspected no more than 12 months
preceding the agreement to sell or otherwise transfer title to
the dwelling;
  (b) The same person is both an owner of the dwelling and a
buyer or transferee of the dwelling;
  (c) Title to the dwelling transfers without voluntary action of
the owner, including but not limited to transfer by foreclosure
or condemnation;
  (d) Title to the dwelling transfers by a judgment of marital
annulment, dissolution or separation; or
  (e) Title to the dwelling transfers by testamentary disposition
or intestate succession. + }
  SECTION 8. ORS 105.464 is amended to read:
  105.464. A seller's property disclosure statement must be in
substantially the following form:
_________________________________________________________________

If required under ORS 105.465, a seller shall deliver in
substantially the following form the seller's property disclosure
statement to each buyer who makes a written offer to purchase
real property in this state:
_________________________________________________________________

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces
blank.  Please refer to the line number(s) of the question(s)
when you provide your explanation(s). If you are not claiming an
exclusion or refusing to provide the form under ORS 105.475 (4),
you should date and sign each page of this disclosure statement
and each attachment.

Each seller of residential property described in ORS 105.465 must
deliver this form to each buyer who makes a written offer to
purchase. Under ORS 105.475 (4), refusal to provide this form
gives the buyer the right to revoke their offer at any time prior
to closing the transaction. Use only the section(s) of the form
that apply to the transaction for which the form is used. If you
are claiming an exclusion under ORS 105.470, fill out only
Section 1.
An exclusion may be claimed only if the seller qualifies for the
exclusion under the law. If not excluded, the seller must
disclose the condition of the property or the buyer may revoke
their offer to purchase anytime prior to closing the transaction.
Questions regarding the legal consequences of the seller's choice
should be directed to a qualified attorney.
_________________________________________________________________

(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN
EXCLUSION UNDER ORS 105.470)

Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:

You may claim an exclusion under ORS 105.470 only if you qualify
under the statute. If you are not claiming an exclusion, you must
fill out Section 2 of this form completely.

Initial only the exclusion you wish to claim.

___ This is the first sale of a dwelling never occupied. The
dwelling is constructed or installed under building or
installation permit(s) #___, issued by _____.

___ This sale is by a financial institution that acquired the
property as custodian, agent or trustee, or by foreclosure or
deed in lieu of foreclosure.

___ The seller is a court appointed receiver, personal
representative, trustee, conservator or guardian.

___ This sale or transfer is by a governmental agency.

                                                  _______________
                        Signature(s) of Seller claiming exclusion
                                                       Date _____

                                                  _______________
                           Buyer(s) to acknowledge Seller's claim
                                                       Date _____
_________________________________________________________________

(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL
OUT THIS SECTION.)

Section 2. SELLER'S PROPERTY DISCLOSURE STATEMENT

                        (NOT A WARRANTY)
                          (ORS 105.464)

NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY
THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED
AT __________ ('THE PROPERTY').

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON
THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE
TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER'S
DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE BUYER'S
OFFER BY DELIVERING BUYER'S SEPARATE SIGNED WRITTEN STATEMENT OF
REVOCATION TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE
STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING
INTO A SALE AGREEMENT.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF
THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE
SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON
BUYER'S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE
FOLLOWING:  ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS,
ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED
HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.

Seller ___ is/ ___ is not occupying the property.

I. SELLER'S REPRESENTATIONS:

The following are representations made by the seller and are not
the representations of any financial institution that may have
made or may make a loan pertaining to the property, or that may
have or take a security interest in the property, or any real
estate licensee engaged by the seller or the buyer.

*If you mark yes on items with *, attach a copy or explain on an
attached sheet.

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

1. TITLE
A. Do you have legal authority to sellYese NoopeUnknown
*B.Is title to the property subject to any of the
   following:                         Yes  No   Unknown
(1)First right of refusal
(2)Option
(3)Lease or rental agreement
(4)Other listing
(5)Life estate?
*C.Is the property being transferred an
   unlawfully established unit of landYes  No   Unknown
*D.Are there any encroachments, boundary
   agreements, boundary disputes or recent
   boundary changes?                  Yes  No   Unknown
*E.Are there any rights of way, easements,
   licenses, access limitations or claims that
   may affect your interest in the proYestyNo   Unknown
*F.Are there any agreements for joint
   maintenance of an easement or rightYes wNo?  Unknown
*G.Are there any governmental studies, designations,
   zoning overlays, surveys or notices that would
   affect the property?               Yes  No   Unknown
*H.Are there any pending or existing governmental
   assessments against the property?  Yes  No   Unknown
*I.Are there any zoning violations or
   nonconforming uses?                Yes  No   Unknown
*J.Is there a boundary survey for the
   property?                          Yes  No   Unknown
*K.Are there any covenants, conditions,
   restrictions or private assessments that
   affect the property?               Yes  No   Unknown
*L.Is the property subject to any special tax
   assessment or tax treatment that may result
   in levy of additional taxes if the property
   is sold?                           Yes  No   Unknown

2. WATER
A. Household water
(1)The source of the water is (check ALL that apply):
      Public    Community    Private
      Other _____
(2)Water source information:
*a.Does the water source require a watYespeNoit?Unknown
   If yes, do you have a permit?      Yes  No
b. Is the water source located on the YespeNoy? Unknown
   *If not, are there any written agreements for
   a shared water source?             Yes  No   Unknown NA
*c.Is there an easement (recorded or unrecorded)
   for your access to or maintenance of the water
   source?                            Yes  No   Unknown
d. If the source of water is from a well or spring,
   have you had any of the following in the past
   12 months?    Flow test    Bacteria test
      Chemical contents test          Yes  No   Unknown NA
*e.Are there any water source plumbing problems
   or needed repairs?                 Yes  No   Unknown
(3)Are there any water treatment systems for
   the property?                      Yes  No   Unknown
      Leased    Owned
B. Irrigation
(1)Are there any     water rights or     other
   irrigation rights for the property?Yes  No   Unknown
*(2If any exist, has the irrigation water been
   used during the last five-year periYes  No   Unknown NA
*(3Is there a water rights certificate or other
   written evidence available?        Yes  No   Unknown NA
C. Outdoor sprinkler system
(1)Is there an outdoor sprinkler system for the
   property?                          Yes  No   Unknown
(2)Has a back flow valve been installeYes  No   Unknown NA
(3)Is the outdoor sprinkler system opeYesleNo   Unknown NA

3. SEWAGE SYSTEM
A. Is the property connected to a public or
   community sewage system?           Yes  No   Unknown
B. Are there any new public or community sewage
   systems proposed for the property? Yes  No   Unknown
C. Is the property connected to an on-site septic
   system?                            Yes  No   Unknown
   If yes, was it installed by permit?Yes  No   Unknown NA
   *Has the system been repaired or alYesedNo   Unknown
   Has the condition of the system been
   evaluated and a report issued?     Yes  No   Unknown
   Has it ever been pumped?           Yes  No   Unknown NA
   If yes, when? __________
*D.Are there any sewage system problems or
   needed repairs?                    Yes  No   Unknown
E. Does your sewage system require on-site
   pumping to another level?          Yes  No   Unknown

4. DWELLING INSULATION
A. Is there insulation in the:
(1)Ceiling?                           Yes  No   Unknown
(2)Exterior walls?                    Yes  No   Unknown
(3)Floors?                            Yes  No   Unknown
B. Are there any defective insulated doors or
   windows?                           Yes  No   Unknown

5. DWELLING STRUCTURE
*A.Has the roof leaked?               Yes  No   Unknown
   If yes, has it been repaired?      Yes  No   Unknown NA
B. Are there any additions, conversions or
   remodeling?                        Yes  No   Unknown
   If yes, was a building permit requiYes? No   Unknown NA
   If yes, was a building permit obtaiYes? No   Unknown NA
   If yes, was final inspection obtainYes  No   Unknown NA
C. Are there smoke alarms or detectorsYes  No   Unknown
D. Are there carbon monoxide alarms?  Yes  No   Unknown
E. Is there a woodstove or fireplace
   insert included in the sale?       Yes  No   Unknown
   *If yes, what is the make? _____
   *If yes, was it installed with a peYest?No   Unknown
   *If yes, is a certification label issued by the
   United States Environmental Protection
   Agency (EPA) or the Department of
   Environmental Quality (DEQ) affixedYes iNo   Unknown
*F.Has pest and dry rot, structural or
   '
whole house'
 inspection been done
   within the last three years?       Yes  No   Unknown
*G.Are there any moisture problems, areas of water
   penetration, mildew odors or other moisture
   conditions (especially in the basemYes)?No   Unknown
   *If yes, explain on attached sheet the frequency
   and extent of problem and any insurance claims,
   repairs or remediation done.
H. Is there a sump pump on the propertYes  No   Unknown
I. Are there any materials used in the
   construction of the structure that are or
   have been the subject of a recall, class
   action suit, settlement or litigatiYes  No   Unknown
   If yes, what are the materials? _____
(1)Are there problems with the materiaYes  No   Unknown NA
(2)Are the materials covered by a warrYesy?No   Unknown NA
(3)Have the materials been inspected? Yes  No   Unknown NA
(4)Have there ever been claims filed for these
   materials by you or by previous ownYes? No   Unknown NA
   If yes, when? _____
(5)Was money received?                Yes  No   Unknown NA
(6)Were any of the materials repaired or
   replaced?                          Yes  No   Unknown NA

6. DWELLING SYSTEMS AND FIXTURES
   If the following systems or fixtures are included
   in the purchase price, are they in good working
   order on the date this form is signed?
A. Electrical system, including wiring, switches,
   outlets and service                Yes  No   Unknown
B. Plumbing system, including pipes, faucets,
   fixtures and toilets               Yes  No   Unknown
C. Water heater tank                  Yes  No   Unknown
D. Garbage disposal                   Yes  No   Unknown NA
E. Built-in range and oven            Yes  No   Unknown NA
F. Built-in dishwasher                Yes  No   Unknown NA
G. Sump pump                          Yes  No   Unknown NA
H. Heating and cooling systems        Yes  No   Unknown NA
I. Security system    Owned    Leased Yes  No   Unknown NA
 { +
Elevator, dumbwaiter, chairlift,
   wheelchair lift or inclined wheelchYes lNot  Unknown NA + }
  { -
Are there any materials or products used in - }

 { +
Are there any materials or products used in + }
   the systems and fixtures that are or have
   been the subject of a recall, class action
   settlement or other litigations?   Yes  No   Unknown
   If yes, what product? __________
(1)Are there problems with the productYes  No   Unknown
(2)Is the product covered by a warrantYes  No   Unknown
(3)Has the product been inspected?    Yes  No   Unknown
(4)Have claims been filed for this product
   by you or by previous owners?      Yes  No   Unknown
   If yes, when? __________
(5)Was money received?                Yes  No   Unknown
(6)Were any of the materials or products repaired
   or replaced?                       Yes  No   Unknown

7. COMMON INTEREST
A. Is there a Home Owners' Association
   or other governing entity?         Yes  No   Unknown
   Name of Association or Other Governing
   Entity __________
   Contact Person ____________
   Address _______________
   Phone Number ____________
B. Regular periodic assessments: $___
   per    Month    Year    Other ___
*C.Are there any pending or proposed special
   assessments?                       Yes  No   Unknown
D. Are there shared '
common areas'
 or joint
   maintenance agreements for facilities like
   walls, fences, pools, tennis courts, walkways
   or other areas co-owned in undivided interest
   with others?                       Yes  No   Unknown
E. Is the Home Owners' Association or other
   governing entity a party to pending litigation
   or subject to an unsatisfied judgmeYes  No   Unknown NA
F. Is the property in violation of recorded
   covenants, conditions and restrictions or in
   violation of other bylaws or governing rules,
   whether recorded or not?           Yes  No   Unknown NA

8. GENERAL
A. Are there problems with settling, soil,
   standing water or drainage on the property
   or in the immediate area?          Yes  No   Unknown
B. Does the property contain fill?    Yes  No   Unknown
C. Is there any material damage to the property or
   any of the structure(s) from fire, wind, floods,
   beach movements, earthquake, expansive soils
   or landslides?                     Yes  No   Unknown
D. Is the property in a designated floYeslaNo?  Unknown
E. Is the property in a designated slide or other
   geologic hazard zone?              Yes  No   Unknown
*F.Has any portion of the property been tested
   or treated for asbestos, formaldehyde, radon
   gas, lead-based paint, mold, fuel or chemical
   storage tanks or contaminated soil YeswaNor? Unknown
G. Are there any tanks or underground storage
   tanks (e.g., septic, chemical, fuel, etc.)
   on the property?                   Yes  No   Unknown
H. Has the property ever been used as an illegal
   drug manufacturing or distribution Yese?No   Unknown
   *If yes, was a Certificate of FitneYesisNoed?Unknown
*I.Has the property been classified as
   forestland-urban interface?        Yes  No   Unknown

9. FULL DISCLOSURE BY SELLERS
*A.Are there any other material defects affecting
   this property or its value that a prospective
   buyer should know about?           Yes  No
   *If yes, describe the defect on attached sheet and
   explain the frequency and extent of the problem
   and any insurance claims, repairs or remediation.
B. Verification:
   The foregoing answers and attached explanations (if any) are complete and correct to
the best of my/our knowledge and I/we have received a copy of this disclosure statement.
I/we authorize my/our agents to deliver a copy of this disclosure statement to all
prospective buyers of the property or their agents.

   Seller(s) signature:

   SELLER _______________
 DATE __________

   SELLER _______________
 DATE __________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________

II. BUYER'S ACKNOWLEDGMENT

A. As buyer(s), I/we acknowledge the duty to pay diligent
attention to any material defects that are known to me/us or can
be known by me/us by utilizing diligent attention and
observation.

B. Each buyer acknowledges and understands that the disclosures
set forth in this statement and in any amendments to this
statement are made only by the seller and are not the
representations of any financial institution that may have made
or may make a loan pertaining to the property, or that may have
or take a security interest in the property, or of any real
estate licensee engaged by the seller or buyer. A financial
institution or real estate licensee is not bound by and has no
liability with respect to any representation, misrepresentation,
omission, error or inaccuracy contained in another party's
disclosure statement required by this section or any amendment to
the disclosure statement.

C. Buyer (which term includes all persons signing the 'buyer's
acknowledgment' portion of this disclosure statement below)
hereby acknowledges receipt of a copy of this disclosure
statement (including attachments, if any) bearing seller's
signature(s).

DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE
SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2
OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER'S
DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY
DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION
TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE UNLESS YOU
WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER'S
PROPERTY DISCLOSURE STATEMENT.

BUYER _______________ DATE __________

BUYER _______________ DATE __________

Agent receiving disclosure statement on buyer's behalf to sign
and date:

_______________ Real Estate Licensee

_______________ Real Estate Firm
Date received by agent _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________

  SECTION 9.  { + Section 7 of this 2013 Act applies to dwelling
owners that, 90 or more days after the effective date of this
2013 Act, enter into agreements to sell or otherwise transfer
title to the dwelling. + }
  SECTION 10.  { + The amendments to ORS 105.464 by section 8 of
this 2013 Act apply to seller property disclosure statements that
a seller of residential property delivers to a buyer on or after
the effective date of this 2013 Act. + }
                         ----------

DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 10.

feedback