Home Buyer's Guide
Engel & Völkers Buyers Guide
The Power of Invest ing In Ownership
T
here are both financial and emotional benefits to owning a home. After all, a home is the center of your world. When you own a home, you are investing your money into your future. Home equity has the ability
to increase each time you make your monthly payments, as well as when you make smart home improvements. In a strong economy, home values can increase each year. The greater your equity, the more you can capitalize on your home?s value over time.
Engel & Völkers Buyers Guide
One of t he most import ant part s of your home buying journey is choosing t he right Advisor. Trust ed by client s wit h a f ive-st ar rat ing on Zillow.
Engel & Völkers Buyers Guide
W hy Wor k W it h N at alie? When considering buying a property or investing
core values of our luxurious, global real estate
in your future, it is essential to work with a true
brand with over 40 years of experience. Through
market expert who takes the time to understand
periods of both strong economic growth and in
you and your unique real estate goals and has a
less certain times, Engel & Völkers has maintained
proven track record. Natalie is known for her
consistent success in advising clients to find the
unparalleled
professionalism,
loyalty
and
perfect home. Natalie has successfully helped
dedication.
Her
to
provide
clients throughout all the ups and downs the real
high-quality, personal service. Natalie, along
estate market has endured for the last 16 years.
with her family at Engel & Völkers are devoted to
She looks forward to helping you achieve your
competence, exclusivity and passion, the three
goals and serving you!
passion
is
Engel & Völkers Buyers Guide
N at alie N olt e, a luxur y home r eal est at e exper t , r anked in t he t op 1% of Cent r al Or egon in t ot al sales volume over t he last f ive year s and br inging over 16 year s of r eal est at e exper ience. Befor e wor king wit h Engel & Völker s, Nat alie was a t op pr oducer wit h Cascade Sot heby Int er nat ional Realt y. Gr owing up in Canada and t hen living in mult iple st at es, she happily set t led in Cent r al Or egon wit h her t wo childr en in 2007. Nat alie loves living, wor king, and playing in Bend Or egon. Her amazing family and husband ar e a t op pr ior it y and t hey ar e cont inually t aking full advant age of t he beaut y, advent ur e, and many out door act ivit ies offer ed by Bend and Cent r al Or egon. Enjoy incr edible concer t s, golf, mount ain biking, r unning, hiking, paddle boar ding, and downhill skiing. She would love t o shar e all of t his wit h you and help you make Bend home. The Kids Cent er and t he Bend Food Pr oject ar e wor t hy r ecipient s of Nat alie's donat ions. At all t imes her client s can expect a differ ent level of pr ofessionalism, qualit y communicat ion, unfalt er ing dependabilit y, and int egr it y. Always choosing t o do t he r ight t hing and put t ing her client s f ir st is why you want Nat alie at your side. Nat alie and her t eam t ake car e of all of t he det ails for you. Her pr ior it y is you and your sat isfact ion. Her dedicat ion t o you is not just Engel & Völkers Buyers Guide
befor e or dur ing t he t r ansact ion it ext ends far beyond and she will r emain a r esour ce for you. These char act er ist ics and mor e ar e why she is one of t he t op-r at ed r eal est at e agent s in Cent r al Or egon. Thanks t o her exper ience as a homeowner, landlor d, and a mot her who r aised childr en in t he communit y she's a fabulous r esour ce for all t hings r elat ed t o t he Bend lifest yle. She's passionat e about what she does, cr eat ing posit ive r eal est at e exper iences for t hose living wit hin or r elocat ing t o Cent r al Or egon. Let her be your advocat e. Nat alie cannot wait t o help you achieve your unique next -level lifest yle goals!
Nat alie Nolt e Pr ivat e Off ice Advisor ? +1 (541) 508-9581 Nat alienolt e624@gmail.com Your cent r alor egonr ealt or s.com Engel & Völkers Buyers Guide
Whit e Glove Service Ser vices I provide for M y Buyers: 1. Personalized Consult at ion: Underst anding your needs, goals, preferences, t iming and budget . 2. Cust omized propert y searches t hat mat ch your crit eria: Providing knowledge, experience and market dat a t o help you underst and t he current market . Being a successful list ing agent allows me t o help you wit h offer st rat egies, not just purchase price suggest ions. 3. This is a part nership bet ween you and I: Building a relat ionship wit h you t o fully underst and you, your priorit ies and Your ?Why?. 4. I offer 15 years of Cent ral Oregon Expert ise: In-dept h knowledge of neighborhoods, schools, amenit ies, and communit y vibes. M arket t rends and insight s for Bend, Redmond, Sist ers, Sunriver, and more. Underst anding Oregon in it s ent iret y and guiding you appropriat ely. 5. Arranging Home Tours and previewing homes for you: Accompanying you on home t ours. Virt ual t ours for remot e buyers. I will alert you t o all t he det ails of a home including condit ion, neighborhood, locat ion, builder knowledge, whole home funct ions. 6. I have st rong relat ionships wit hin t he communit y and I will connect you wit h t rust ed lenders: It is so import ant t o find someone t hat will be working for you and is able t o provide t heir knowledge, experience and educat e you on t he loan process and what is best for you. Assist ance wit h pre-approval t o st rengt hen your offer. 7. Finding t he right home is just t he beginning: A seamless t ransact ion is my goal for everyone. Negot iat ion is key when submit t ing compet it ive offers. Expert negot iat ion on price, t erms, and cont ingencies. Creat ing t he deal t hat is best for you! 8. I have built posit ive relat ionships in t he communit y wit h lenders, escrow off icers and Cent ral Oregon Realt ors: People like t o work wit h agent s t hat work! Agent s t hey t rust and know can close a t ransact ion. 1 in 4 sales are failing in t oday?s market , wit h good communicat ion and working t oward a client s goal, my business has avoided falling vict im t o t his t rend. 9. Once we have an accept ed offer, I handle all t he Cont ract M anagement , paper work dist ribut ion and deadlines: I keep you informed and on schedule! Coordinat ion wit h inspect ors, appraisers, and t it le companies. Negot iat ing and preparing repair addenda, obt aining quot es from cont ract ors. Assist ing wit h repair work scheduling and appoint ment s. I have a large net work of cont ract ors for all of your needs. Engel & Völkers Buyers Guide
10. The Closing Process is smoot h wit h guidance from accept ance of our offer t o closing on your new home: I am t here for you each and every day. I, or we will complet e a Final walk-t hrough on your home t o ensure your expect at ions are met . 11. Our relat ionship does not end once we close, I am st ill here t o guide and support you as needed. You may count on me for recommendat ions for local services, movers, cont ract ors, landscapers, and more.
Underst anding t he Home Buying Process -
St ep 1: Pre-Approval
Why it ?s import ant and how t o get it . -
St ep 2: Home Search
Set t ing crit eria and beginning your search. -
St ep 3: M aking an Offer
Craft ing a st rong offer and underst anding t he cont ract and all of t he cont ingencies, deadlines and process. -
St ep 4: Inspect ion & Appraisal
What t o expect and how t o handle pot ent ial issues. -
St ep 5: Finalizing Your Mort gage
Locking in your rat e and final approval. -
St ep 6: Closing
What happens on closing day, and what you need t o bring.
W hy Cent ral Oregon? QUALITY OF LIFE ! -
Out door Act ivit ies
Hiking, biking, skiing, and more. -
Communit y and Cult ure
Vibrant art s scene, breweries, and family-friendly event s. Engel & Völkers Buyers Guide
Shop for a Lender You will want to look around for different lenders based on your financial needs. It is a good idea to do some research on multiple companies, what they offer, what their customer satisfaction rate is, as well as other factors to effectively compare which is right for you. Getting several quotes from different lenders may pay off substantially in the long run. Natalie will give you some recommendations of trusted partners she has experience with.
Types of Loans Available Your credit score is a big variable in finding out which type of loan is best fit for you and some lenders may not offer the specific loan you need. Use a mortgage calculator to get an idea of what your budget will look like for your home. In addition, do some research on the various loan options (i.e., VA, FHA, Conventional). Once you have an idea of which loan is best for you, it's beneficial for you to look at sample rates, costs, and fees you will be responsible for upon closing.
Get Pre-Approved Securing a mortgage pre-approval letter is a crucial step towards ensuring your readiness to purchase a new home. Not only does it demonstrate to the seller that you are a serious buyer, but it also strengthens your position when making an offer. Consider the following area as you navigate through this essential process:
Engel & Völkers Buyers Guide
Gat her and prepare all necessary Document s for Pre-approval let t er You are required to provide all documents needed to verify your monthly and annual income. This includes tax returns, W-2 forms, 1099s, and rental income you may have. Some bank statements, statements from the IRA, list of debts, rental history, court orders, alimony payments, bankruptcy, and foreclosure records may also be required.
Now it 's t ime t o re-evaluat e your budget based on pre-approval Formulating an accurate budget based on pre-approval for a home purchase is of utmost importance. It ensures that you have a realistic understanding of your financial capabilities and prevents you from overextending yourself financially. A precise budget helps you identify your price range, narrowing down your options and saving time during the house hunting process. Moreover, it enables you to plan for additional expenses like closing costs, property taxes, and maintenance, ensuring long-term financial stability and peace of mind. Ultimately, an accurate budget based on pre-approval empowers you to make informed decisions, leading to a successful and stress-free home buying experience.
Engel & Völkers Buyers Guide
Breat ht aking Real Est at e Around t he World. St art Your Home Search wit h my Personalized Home Search App ? EV Insider
Engel & Völkers Buyers Guide
PERSONALIZED HOME SEARCH TOOL 1. Scan t his QR code t o download EV Insider, Nat alie's personalized home search t ool. 2. St art searching for homes in your preferred area. 3. Save t he homes you love and request a showing direct ly t hrough t he app. 4. Cont act me direct ly t hrough t he app t o request more informat ion.
You can also visit Yourcent raloregonrealt ors.com t o search for homes in your area.
Engel & Völkers Buyers Guide
M ake an Offer After finding the home you love, be ready to put an offer on the table as soon as possible. During this step, you need to move quicker than you may expect. It is imperative that you understand the current state of the housing market in the area you are looking in. Use market reports, comparative analysis' on similar homes, do your research before coming to the table with a solid offer. To craft the perfect offer, Natalie and her experience is your best asset for this step. She has the knowledge and negotiation skills to ensure you are writing a competitive offer yet still meeting your goals and making your dreams a reality!
Inspect ions We want to make sure you know what you are getting yourself into when purchasing a home. this step is imperative in the case that things pop up unexpectedly that you may not be able to see on the surface. If there is something that comes up, you may need to renegotiate the terms previously set. Although these steps are additional costs to you, it may save you more money and issues in the long run. Inspections are a good idea in the event that there any issues with the home that the seller did not disclose with you or their agent. These can be issues regarding the foundation of the home, the roof, electrical system, HVAC system, plumbing, or septic system. In Central Oregon, it is recommended to have roofs and foundations double checked because of our winter months. It's always a good idea to have a licensed professional come by to inspect the home before continuing the home buying process.
Engel & Völkers Buyers Guide
Appraisals Appraisals are a bit different. While inspections establish the particular condition the home is in, appraisals aim to establish how much the home is worth. This is based on a variety of factors including current market trends, comparative properties (similar homes selling within the last 90 days), inspections, condition of the property, and features of the home. If the home is appraised at a lower value than the purchase price, negotiations can resume.
Final Walk-Through After potential renegotiating and having your final terms determined, you are almost ready to move in! When walking through your new home for the last time, you will want to make sure everything stated in your agreement terms are accounted for and in the condition expected. Here is a checklist that can serve as a guide through this step:
-
Look for any imperfections you may have missed before.
-
Open all of the windows and doors
-
Check locks & keys
-
Test all of the appliances
-
Flush all of the toilets to make sure they are properly running
-
Turn on the faucets for proper functioning and
-
Check the air conditioning and heating
-
Turn the lights off and on
-
Plug something into an outlet to confirm the
water temperature
electric system is working
Engel & Völkers Buyers Guide
Engel & Völkers Buyers Guide
The Offer has been Accept ed, It s Closing Time!
Y
our new luxury awaits! After the final walk-through, it?s time to sign those papers and finalize the closing of your new home. There will be a lot of documents but no need to worry. Natalie is here to guide you, she and the escrow officer can help explain each and every document that you sign. Ask as many questions as you need because after all, this is probably one of the biggest purchases you will ever make. Now that you?ve sealed the deal, congratulations, you?re a new home owner!
Engel & Völkers Buyers Guide
Moving Checklist T I PS
1. Separate your valuables and important documents, and keep them with you during the move.
2. Prepare a 'Start-up-Kit' of items and box those up to take with you as well. This way if your belongings arrive late, or you are delayed in unpacking, you will have what you need immediately on hand
3. Label boxed by items and room to make unpacking an easier process
D ECL U T T ER A N D D O N A T E Before you begin packing up boxes, take inventory of your furniture and other belonging to decide what to keep and what to purge. If its not worth the effort of packing, moving and unpacking, consider donating,
selling or discarding these
items.
ST RA T EG I Z E
PA C K
A smooth and successful move is only possible
Purchase your moving supplies including boxes,
with a plan. Select a moving day to work toward,
moving labels, bubble wrap ect. Begin packing
and Identify and engage a moving company as
items that wont be needed between now and
soon as possible ? Engel & Völkers is happy to
your
make a local recommendation.
decorations, photos, and off season cloths.
move
date,
including
things
like
Then, schedule time to pack remaining items based on room or category to make it easy to unpack
Engel & Völkers property Buyers Guide sellers guide
W H A T T O EX PECT A T C L O SI N G C H A N G E Y O U R A D D RESS As long as you have everything in order, the closing Make sure to not only update your address with friends,
process should be simple and straightforward. Closing
family, and service providers, but also any mailing clubs, day typically happens four to six weeks after the sales and subscriptions, and utility companies for both ending and purchase contract is executed, and it involves the buyer starting service at your new address. and seller, along with their respected agents, a representative from the title company, closing agent, or attorney, and lender.
F I N A L P R E PA R A T I O N S & M OV I N G DAY
During the closing process, The buyer and seller execute and sign all remaining legal documents and pay closing
This is the day when your moving strategy pays off costs and escrow items. Be sure to bring two forms of and your focus can be on saying goodbyes and identification, certified funds for any remaining costs, enjoying the exciting elements of your new home. and any additional documents requested by the lender. Once you get into your new home, one of the first things you should do is to have new locks installed
Once all paperwork is executed, you will receive the keys
and an extra set of keys made.
to your new home, and then all that's left to do is celebrate!
Engel & Völkers Engel &property Völkers Buyers sellersGuide guide
Engel & Völkers Buyers Guide
Experience Engel & Völkers
A
t Engel & Völkers, we strive to maintain clients for life. The sale of one property may present the opportunity to find your next home locally or in one of our many locations across the country or even across the sea. Through our network of trusted real estate advisors
Natalie will guide and support you every step of the way now and into the future.
Engel & Völkers Buyers Guide
Live Your Luxury We look for ward t o t he opport unit y t o demonst rat e our process, precision and passion for ser vice, so t hat you can focus on living your luxury.
Engel & Völkers Buyers Guide
Engel & Völkers Buyers Guide
O REF FO RM S I N FO RM A T I O N Ther e ar e t wo differ ent set s of for ms t hat can be used when complet ing r eal est at e t r ansact ions in Or egon, I pr efer t o use t he OREF For ms. Or egon Real Est at e For ms, LLC pr epar es and licenses high-qualit y r eal est at e t r ansact ion and advisor y for ms for Or egon r eal est at e pr ofessionals. It was for med in 1997 in an effor t t o cr eat e a t r ust ed, int egr at ed, and unifor m set of t r ansact ion for ms for use t hr oughout t he st at e. Twent y-sever year s ago, t her e wer e mult iple for m set s for r eal est at e t r ansact ions in use t hr oughout Or egon. At t hat t ime, it was st r ongly r ecommended t hat t he Realt or communit y develop a st at ewide set of t r ansact ion for ms t o mit igat e consumer r isk. In light of t hat r ecommendat ion, t he Or egon Associat ion of Realt or s, t he Por t land M et r opolit an Associat ion of Realt or s, and t he Eugene Associat ion of Realt or s joint ly for med Or egon Real Est at e For ms, LLC ("OREF") t o cr eat e a t r ust ed, int egr at ed, and unifor m set of t r ansact ion for ms t hat could be used by r eal est at e pr ofessionals in Or egon. Over t he next 25 year s, OREF developed and cont inually r ef ined t he cur r ent OREF for ms libr ar y wit h input fr om it s t hr ee associat ion owner s and r ealt or s fr om ar ound t he st at e. Dur ing t hat per iod, Or egon's r eal est at e pr ofessionals have had t he opt ion of using OREF's consist ent and widely used set of for ms. OREF believes t hat using it s for ms has become t he st andar d pr act ice in Or egon. The OREF for ms libr ar y has been developed and r ef ined over t he year s by our for ms commit t ees. The OREF for ms commit t ees ar e compr ised of r ealt or s, at t or neys, and indust r y exper t s fr om acr oss t he st at e of Or egon. For ms commit t ee member s have year s of exper ience in t he indust r y, and many ar e or have been managing br oker s and ar e licensed in mult iple st at es. This combinat ion of knowledge and exper ience has r esult ed in r obust , t r ust wor t hy for ms widely used acr oss t he st at e. The for ms commit t ees consider all for ms suggest ions t o ensur e t hat issues unique t o each ar ea of pr act ice have been addr essed.
Engel & Völkers Buyers Guide
RESIDENTIAL
INITIAL AGENCY DISCLOSURE PAMPHLET OAR 863-015-0215 (5) 1 2
This pamphlet describes the legal obligations of real estate agents in Oregon. Real estate agents must provide this information to you when they have sufficient contact information for you, unless they reasonably believe you already have a copy.
3 4
This pamphlet is informational only. Neither the pamphlet nor its delivery to you should be interpreted as evidence of intent to create an agency relationship between you and a real estate agent or a principal broker.
5 6
As used in this pamphlet, “principal broker” means a real estate agent authorized to control and supervise the professional real estate activity of other agents.
7
Real Estate Agency Relationships
8 9
An "agency" relationship is a voluntary legal relationship in which a licensed real estate agent, agrees to act on behalf of a buyer or a seller (the "client") in a real estate transaction.
10
Oregon law provides for three types of agency relationships between real estate agents and their clients:
11 12 13 14
Seller's Agent - Represents the seller only; Buyer's Agent - Represents the buyer only; and Disclosed Limited Agent - Represents both the buyer and seller, or multiple buyers who want to purchase the same property. Representation of more than one client in the same transaction can be done only with the written permission of all clients.
15 16 17
When different agents associated with the same firm establish agency relationships with different parties in the same transaction, the principal broker authorized to control and supervise the agents (“Authorized Principal Broker”), the principal broker responsible for the firm (“Managing Principal Broker”), and other agents may be Disclosed Limited Agents, depending on the specific situation:
18 19 20
1.
Agent(s) in the Same Firm Representing Different Parties. When one or more agents associated with the same firm establish agency relationships with different parties in a transaction, the firm's Managing Principal Broker is the Disclosed Limited Agent of all parties. The Authorized Principal Broker of an agent involved is a Disclosed Limited Agent of the agent's client.
21 22 23 24
2.
Agents Supervised by the Same Authorized Principal Broker Representing Different Parties. If (a) more than one of a firm's agents are involved in a transaction, (b) those agents are representing different parties, and (c) those agents are supervised by the same Authorized Principal Broker, then the Authorized Principal Broker is the Disclosed Limited Agent of the agents' clients.
25 26 27
3.
Agent(s) Supervised by the Same Authorized Principal Broker Representing More than One Party. If one or more of a firm's agents who are supervised by the same Authorized Principal Broker establish agency relationships with more than one client in a transaction, the agent(s) and the agent's Authorized Principal Broker are Disclosed Limited Agents of those clients.
28 29 30
4.
Team Member(s) Representing More than One Party. If one or more members of the same real estate team represent more than one party in a transaction, all members of the real estate team, the team's Authorized Principal Broker and the firm's Managing Principal Broker are Disclosed Limited Agents of those parties.
31 32
The agents who are not Disclosed Limited Agents represent only the buyer or seller with whom they have already established an agency relationship unless all parties agree otherwise in writing.
33 34 35
The actual agency relationships between the seller, buyer and their agents in a real estate transaction must be acknowledged at the time an offer to purchase is made. Please read this pamphlet carefully before entering into an agency relationship with a real estate agent.
36
Definition of “Confidential Information”
37 38
Generally, agents must not disclose confidential information about their clients. “Confidential information” is information communicated to the agent or the agent's firm by the buyer or seller of one to four residential units regarding the real property
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 042 | Released 01/2026 | Page 1 of 3 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
RESIDENTIAL
39 40
transaction, including but not limited to price, terms, financial qualifications or motivation to buy or sell. “Confidential information” does not mean information that:
41 42
a.
The buyer instructs the agent or the agent's principal broker to disclose about the buyer to the seller, or the seller instructs the agent or the agent's principal broker to disclose about the seller to the buyer; and
43 44
b.
The agent or the agent's principal broker knows or should know failure to disclose would constitute fraudulent representation.
45
Duties and Responsibilities of Seller's Agent
46 47 48
Under a written listing agreement to sell property, an agent represents only the seller unless the seller agrees in writing to allow the agent to also represent the buyer. An agent who represents only the seller owes the following affirmative duties to the seller, the other parties and the other parties' agents involved in a real estate transaction:
49 50 51 52 53 54 55 56 57 58 59 60 61 62 63
1. 2. 3.
To deal honestly and in good faith; To present all written offers and other communications to and from the parties in a timely manner without regard to whether the property is subject to a contract for sale or the buyer is already a party to a contract to purchase; and To disclose material facts known by the agent and not apparent or readily ascertainable to a party;
A Seller's Agent owes the seller the following affirmative duties; 1. 2. 3. 4. 5. 6. 7.
To exercise reasonable care and diligence; To account in a timely manner for money and property received from or on behalf of the seller; To be loyal to the seller by not taking action that is adverse or detrimental to the seller's interest in a transaction; To disclose in a timely manner to the seller any conflict of interest, existing or contemplated; To advise the seller to seek expert advice on matters related to the transactions that are beyond the agent's expertise; To not disclose confidential information from or about the seller except under subpoena or court order, even after termination of the agency relationship; and Unless agreed otherwise in writing, to make a continuous, good faith effort to find a buyer for the property, except that a Seller's Agent is not required to seek additional offers to purchase the property while the property is subject to a contract for sale.
64 65
None of the above affirmative duties of an agent may be waived, except #7. The affirmative duty listed in #7 can only be waived by written agreement between seller and agent.
66 67
Under Oregon law, a Seller's Agent may show properties owned by another seller to a prospective buyer and may list competing properties for sale without breaching any affirmative duty to the seller.
68 69
Unless agreed to in writing, an agent has no duty to investigate matters that are outside the scope of the agent's expertise, including but not limited to investigation of the condition of property, the legal status of the title or the seller's past conformance with law.
70
Duties and Responsibilities of Buyer's Agent
71 72 73
An agent, other than the Seller's Agent, may agree to act as the Buyer's Agent only. The Buyer's Agent is not representing the seller, even if the Buyer's Agent is receiving compensation for services rendered, either in full or in part, from the seller or through the Seller's Agent.
74 75
An agent who represents only the buyer owes the following affirmative duties to the buyer, the other parties and the other parties' agents involved in a real estate transaction:
76 77 78 79
1. 2. 3.
To deal honestly and in good faith; To present all written offers and other communications to and from the parties in a timely manner without regard to whether the property is subject to a contract for sale or the buyer is already a party to a contract to purchase; and To disclose material facts known by the agent and not apparent or readily ascertainable to a party.
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 042 | Released 01/2026 | Page 2 of 3 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201
www.lwolf.com
Blank
RESIDENTIAL
80 81 82 83 84 85 86 87 88 89
A Buyer's Agent owes the buyer the following affirmative duties: 1. 2. 3. 4. 5. 6. 7.
To exercise reasonable care and diligence; To account in a timely manner for money and property received from or on behalf of the buyer; To be loyal to the buyer by not taking action that is adverse or detrimental to the buyer's interest in a transaction; To disclose in a timely manner to the buyer any conflict of interest, existing or contemplated; To advise the buyer to seek expert advice on matters related to the transaction that are beyond the agent's expertise; To not disclose confidential information from or about the buyer except under subpoena or court order, even after termination of the agency relationship; and Unless agreed otherwise in writing, to make a continuous, good faith effort to find property for the buyer, except that a buyer's agent is not required to seek additional properties for the buyer while the buyer is subject to a contract for purchase.
90 91
None of these affirmative duties of an agent may be waived, except #7. The affirmative duty listed in #7 can only be waived by written agreement between buyer and agent.
92 93
Under Oregon law, a Buyer's Agent may show properties in which the buyer is interested to other prospective buyers without breaching an affirmative duty to the buyer.
94 95
Unless agreed to in writing, an agent has no duty to investigate matters that are outside the scope of the agent's expertise, including but not limited to investigation of the condition of property, the legal status of the title or the seller's past conformance with law.
96 97
Duties and Responsibilities of an Agent Who Represents More than One Client in a Transaction
98 99
One agent may represent both the seller and the buyer in the same transaction, or multiple buyers who want to purchase the same property, only under a written "Disclosed Limited Agency Agreement” signed by the seller and buyer(s).
100
Disclosed Limited Agents owe the following duties to their clients:
101 102 103 104 105 106 107
1. 2. 3.
To the seller, the duties listed above for a seller's agent; To the buyer, the duties listed above for a buyer's agent; and To both buyer and seller, except with express written permission of the respective person, the duty not to disclose to the other person: a. That the seller will accept a price lower or terms less favorable than the listing price or terms; b. That the buyer will pay a price greater or terms more favorable than the offering price or terms; and c. Confidential information as defined above.
108
Unless agreed to in writing, an agent has no duty to investigate matters that are outside the scope of the agent's expertise.
109 110
The principal broker and the real estate agents representing either seller or buyer shall owe the following duties to the seller and buyer:
111 112 113
1. 2. 3.
To disclose a conflict of interest in writing to all parties; To take no action that is adverse or detrimental to either party's interest in the transaction; and To obey the lawful instructions of both parties.
114 115
No matter who they represent, an agent must disclose information the agent knows or should know that failure to disclose would constitute fraudulent misrepresentation.
116 117 118 119 120
You are encouraged to discuss the above information with the agent delivering this pamphlet to you. If you intend for that agent, or any other Oregon real estate agent, to represent you as a Seller's Agent, Buyer's Agent, or Disclosed Limited Agent, you should have a specific discussion with the agent about the nature and scope of the agency relationship. Whether you are a buyer or seller, you cannot make an agent your agent without the agent's knowledge and consent, and an agent cannot make you their client without your knowledge and consent.
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 042 | Released 01/2026 | Page 3 of 3 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201
www.lwolf.com
Blank
RESIDENTIAL
DISCLOSED LIMITED AGENCY AGREEMENT FOR BUYERS 1
Real Estate Firm (identify) Engel & Voelkers
2
The parties to this Disclosed Limited Agency Agreement for Buyers (this "Agreement") are:
3
Buyer's Agent (print agent or team name) Natalie Nolte
4
Buyer's Agent's Authorized Principal Broker (print name) Michelle Rea
5
Buyer (print name)
6 7
Buyer (print name) Buyer (print name)
8
Buyer (print name)
9 10
In this Agreement, “Buyer's Agent” means the real estate agent or team named above that is representing the Buyer. If Buyer's Agent is a real estate team, then a member of the team must provide a copy of a real estate team disclosure to Buyer, such as OREF 014 - Real Estate Team Disclosure.
11 12 13 14 15
The parties to this Agreement understand Oregon law allows a single real estate agent to represent both the seller and the buyer in the same real estate transaction, or multiple buyers who want to purchase the same property. A real estate agent who establishes that type of representation is a “Disclosed Limited Agent.” It is also understood when different agents associated with the same firm establish agency relationships with different parties in the same transaction, the principal broker authorized to control and supervise the agents (“Authorized Principal Broker”), the principal broker responsible for the firm (“Managing Principal Broker”), and other agents may be Disclosed Limited Agents, depending on the specific situation:
16 17 18
(a) Agent(s) in the Same Firm Representing Different Parties. When one or more agents associated with the same firm establish agency relationships with different parties in a transaction, the firm's Managing Principal Broker is the Disclosed Limited Agent of all parties. The Authorized Principal Broker of an agent involved is a Disclosed Limited Agent of the agent's client.
19 20 21
(b) Agents Supervised by the Same Authorized Principal Broker Representing Different Parties. If (i) more than one of a firm's agents are involved in a transaction, (ii) those agents are representing different parties, and (iii) those agents are supervised by the same Authorized Principal Broker, then the Authorized Principal Broker is the Disclosed Limited Agent of the agents' clients.
22 23 24
(c) Agent(s) Supervised by the Same Authorized Principal Broker Representing More Than One Party. If one or more of a firm's agents who are supervised by the same Authorized Principal Broker establish agency relationships with more than one client in a transaction, the agent(s) and the agent's Authorized Principal Broker are Disclosed Limited Agents of those clients.
25 26 27
(d) Team Member(s) Representing More than One Party. If one or more members of the same real estate team represent more than one party in a transaction, all members of the real estate team, the team's Authorized Principal Broker, and the firm's Managing Principal Broker are Disclosed Limited Agents of those parties.
28 29
The agents who are not Disclosed Limited Agents represent only the buyer or seller with whom they have already established an agency relationship unless all parties agree otherwise in writing.
30 31
In consideration of the above understanding and the mutual promises and benefits exchanged here and, if applicable, in the Buyer Representation Agreement, the parties agree as follows:
32 33 34
1. Buyer(s) acknowledge they have received the Initial Agency Disclosure Pamphlet required by ORS 696.820 and have read and discussed with Buyer's Agent the part of the pamphlet entitled "Duties and Responsibilities of an Agent Who Represents More than One Client in a Transaction". The Initial Agency Disclosure Pamphlet is hereby incorporated into this Agreement by reference. Buyer(s) Initials (required)
35 36 37
/
/
/
2. Buyer(s), having discussed with Buyer's Agent the duties and responsibilities of an agent who represents more than one party to a transaction, consent and agree as follows:
38
(a) Buyer's Agent, in addition to representing Buyer (select one), X may
may not represent the seller in any transaction involving Buyer;
39 40
(b) Buyer's Agent, in addition to representing Buyer (select one), X may property as Buyer;
may not represent other buyers in making an offer on the same
Buyer Initials
/
/
/
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 041 | Released 01/2026 | Page 1 of 2 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
RESIDENTIAL
DISCLOSED LIMITED AGENCY AGREEMENT FOR BUYERS 41 42 43 44 45 46 47
(c) In a transaction where the seller or another buyer seeking to acquire the same property is represented by an agent who works in the same Real Estate Firm as Buyer's Agent and who is supervised by Buyer's Agent's Authorized Principal Broker, Buyer's Agent's Authorized Principal Broker may represent both the seller, the Buyer,, and any other buyer. In such a situation, Buyer's Agent will continue to represent only Buyer, and the other agent will represent only the seller or other buyer, consistent with the applicable duties and responsibilities set out in the Initial Agency Disclosure Pamphlet. If one or more members of the same real estate team represent more than one party in a transaction, all members of the real estate team, the team's Authorized Principal Broker, and the firm's Managing Principal Broker will be Disclosed Limited Agents of the parties; and
48
(d) In all other cases, Buyer's Agent and Buyer's Agent's Authorized Principal Broker will represent Buyer exclusively.
49 50
Buyer Print
Date/Time
←
51 52
Buyer Print
Date/Time
←
53 54
Buyer Print
Date/Time
←
55 56
Buyer Print
Date/Time
←
57 58
Buyer's Agent Print
Date/Time
←
59
(On their own behalf and on the Authorized Principal Broker's behalf)
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 041 | Released 01/2026 | Page 2 of 2 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201
www.lwolf.com
Blank
RESIDENTIAL
BUYER REPRESENTATION AGREEMENT - EXCLUSIVE 1 2 3 4 5 6 7 8 9 10 11 12 13 14
1. PARTIES: This Buyer Representation Agreement (this “Representation Agreement”) is by and between (insert name[s]) (“Buyer”) and (insert firm name) ("Firm"), Engel & Voelkers by and through its real estate agent (insert name) ("Buyer's Agent"), Natalie Nolte whose Oregon real estate license number is . Buyer's Agent is supervised by (identify Buyer's Agents authorized principal 200911121 broker): (Buyer's Agent's Authorized Principal Broker"), Michelle Rea who can be contacted at (insert phone number): . As used below in this Representation Agreement, the term “Buyer's (541)350-8256 Agent” will refer collectively to the Buyer's Agent, Firm, Buyer's Agent's Authorized Principal Broker, and any of Firm's other real estate agents assisting Buyer's Agent in the representation of Buyer in the purchase of real property. Buyer appoints Buyer's Agent as Buyer's real estate agent to assist Buyer in locating, negotiating, and closing the purchase, lease, option to purchase, or exchange of residential real property (an “Acquisition”) generally described below (the “Services”). 2. EXCLUSIVITY: Buyer's Agent will be Buyer's exclusive agent (select one) or counties or both):
throughout the State of Oregon
in the following area(s) (list cities
(the "Exclusive Area"), during the term described in Section 4.
15 16 17 18
(a) Inside the Exclusive Area. Buyer will work only with Buyer's Agent to accomplish the purposes described in Section 1 Buyer will not engage or employ any other real estate firm or person to perform services during the term in the Exclusive Area. Buyer represents and warrants to Buyer's Agent that Buyer is not a party to any representation agreement with any other real estate agent or firm for property within the Exclusive Area.
19 20 21 22 23 24 25
(b) Outside the Exclusive Area. Buyer may engage or employ other real estate firms or persons to perform services during the term after giving Buyer's Agent written notice stating the other agent's name, firm name, and exclusive area. If Buyer's Agent is asked to do so by Buyer, Buyer's Agent may represent Buyer outside the Exclusive Area on a nonexclusive basis, but will not be Buyer's exclusive agent outside the Exclusive Area unless the parties expand the Exclusive Area by amending this Representation Agreement in writing. If Buyer is a party to one or more representation agreements for property in area(s) outside the Exclusive Area, describe the area(s): .
26 27 28 29
At this time, Buyer is interested in acquiring the following type(s) of property in the Exclusive Area: (select all that apply) Residential Rental/Income Vacant Land Other type (specify) Price Range: (describe) Other Criteria: (describe)
30
The criteria identified above indicate the Buyer's initial interest and have no bearing on whether Firm is entitled to compensation under Section 5.
31 32 33 34 35
3. REPRESENTATION OF SELLERS AND OTHER BUYERS: Buyer acknowledges Buyer has received and read the Oregon Real Estate Agency's Initial Agency Disclosure Pamphlet, which describes Buyer's Agent's legal obligations. Buyer understands Buyer's Agent might represent other potential buyers who may desire to purchase, option, exchange, or lease the same or similar properties as Buyer is seeking. Buyer and Buyer's Agent will enter into a Disclosed Limited Agency Agreement if Buyer allows Buyer's Agent, or any other real estate agent in Buyer's Agent's Firm, to represent any other person in a transaction that includes Buyer.
36 37 38 39
4. TERM: This Representation Agreement will be effective when all parties have signed and delivered this Representation Agreement and will expire at 5:00 p.m. on (insert date) (the "Term"). If Buyer enters into an Acquisition agreement during the Term, the Term will be automatically extended to include any period during which the Acquisition agreement is in effect. The Term, including any automatic extensions, will not exceed twenty-four (24) months.
40
5. COMPENSATION: COMPENSATION FOR REAL ESTATE AGENTS IS NOT SET BY LAW: THERE IS NO STANDARD OR MINIMUM LEVEL OF
41
COMPENSATION FOR REAL ESTATE AGENTS. BUYER IS FREE TO NEGOTIATE THE TERMS OF COMPENSATION WITH BUYER'S AGENT.
42
Buyer's Agent's services are not free, and Buyer's Agent will show properties to Buyer regardless of the amount of compensation offered to Buyer's
43
Agent by a seller or seller's agent. Buyer will pay Firm as follows: (select all that apply)
Buyer Initials
/
/
/
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 050 | Released 01/2026 | Page 1 of 4 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
RESIDENTIAL
BUYER REPRESENTATION AGREEMENT - EXCLUSIVE 44 45
(a) X Fee. Buyer will pay Firm a fee of (select and complete one) $ (“Fee”) if, during the Term, or during any extension of the Term, or within
46
termination, Buyer enters into an Acquisition agreement due to the efforts of Buyer's Agent.
or X 2.500 % of the purchase, lease, or option price calendar days (sixty [60] if not filled in) after its expiration or
Buyer(s) Initials (required if option [a] is selected)
47
/
/
/
48
If Buyer enters into a representation agreement during the period following expiration or termination of this Representation Agreement
49 50
described in the previous sentence and pays compensation under the terms of that agreement, Buyer will not be obligated to pay the Fee under this Representation Agreement.
51
Buyer authorizes Buyer's Agent to negotiate compensation paid by sellers, sellers' agents, or both, and authorizes Firm to receive that
52
compensation. If a seller, lessor, or optionor agrees to pay compensation to the Firm, that compensation will be credited against the Fee. If
53
that compensation is less than the Fee, Buyer will pay the difference to the Firm. That compensation is not allowed to be greater than the Fee.
54 55
Buyer consents to the Firm being compensated by more than one party in a transaction involving Buyer if the Firm's compensation is being paid or offset by the seller or seller's agent.
56
Buyer will pay the Fee to the Firm at closing and authorizes Firm to divide the Fee with other Firm agents at Firm's discretion.
57
If Buyer enters into an Acquisition agreement during the Term due to the efforts of Buyer's Agent but fails to complete the transaction in
58
accordance with the material terms of the transaction agreement, Buyer will pay $
59 60
as liquidated damages. The parties agree that the exact amount of Buyer's Agent's damages in that situation would be uncertain and difficult to accurately estimate, and the amount indicated in the previous sentence is fair compensation for and a reasonable measure of those
61
damages in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or non-
62
feasibility of otherwise obtaining an adequate remedy. Buyer(s) Initials (required if option [a] is selected)
63 64 65 66
Nonrefundable Fee. Buyer will pay a nonrefundable fee of $ (b) and delivering this Representation Agreement. This fee (select one) Firm will become entitled under this Representation Agreement.
/
/
/
(zero dollars [$0] if not filled in) to the Firm upon signing will not be credited against any compensation to which the
Buyer(s) Initials (required if option [b] is selected)
67 68 69
will
(zero dollars [$0] if not filled in) to Firm
/
/
/
6. EARLY TERMINATION: This Representation Agreement will not be terminated before the end of the Term if Buyer enters into an Acquisition agreement due to the efforts of Buyer's Agent that has not yet terminated or closed. If Buyer is not a party to an Acquisition agreement:
70
(a) Buyer's Agent may terminate this Representation Agreement early by giving Buyer written notice;
71 72
(b) Buyer may terminate this Representation Agreement early by giving Buyer's Agent written notice and paying Firm an early termination fee of $ (zero dollars [$0] if not filled in); and Buyer(s) Initials (required if an amount is entered)
73 74 75 76
/
/
/
(c) termination of this Representation Agreement will be effective as of the date the written notice of termination is delivered. The obligation to pay any fee selected in Section 6(b) will survive termination of this Representation Agreement. 7. BUYER'S AGENT'S OBLIGATIONS: Buyer's Agent will:
77
(a) deal honestly and in good faith;
78 79
(b) present all written offers, notices, and other communications to and from the parties in a timely manner without regard to whether the property is subject to a contract for sale or Buyer is already a party to a contract to purchase;
80
(c) disclose material facts known by Buyer's Agent and not apparent or readily ascertainable;
81
(d) exercise reasonable care and diligence;
82
(e) account in a timely manner for money and property received from or on behalf of the Buyer;
Buyer Initials
/
/
/
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 050 | Released 01/2026 | Page 2 of 4 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201
www.lwolf.com
Blank
RESIDENTIAL
BUYER REPRESENTATION AGREEMENT - EXCLUSIVE 83
(f) be loyal to Buyer by not taking action that is adverse or detrimental to Buyer's interest in a transaction;
84
(g) disclose in a timely manner to Buyer any conflict of interest, existing or contemplated;
85
(h) advise Buyer to seek expert advice on matters related to the transaction that are beyond Buyer's Agents expertise;
86 87
(i) maintain confidential information from or about Buyer except under subpoena or court order, even after termination of the agency relationship; and
88 89 90
(j) unless agreed otherwise in writing, make a continuous, good faith effort to find a property for Buyer, except that Buyer's Agent is not required to seek additional properties for Buyer while the Buyer is subject to a contract for purchase or show properties for which there is no written agreement to pay compensation to Buyer's Agent.
91 92 93
Nothing in this section implies a duty to investigate matters that are outside the scope of Buyer's Agent's expertise, including but not limited to the investigation of the condition of property, the legal status of the title, or an owner's past conformance with law, unless the Buyer's Agent agrees in writing to investigate a matter.
94
8. BUYER'S OTHER OBLIGATIONS: Buyer will cooperate with Buyer's Agent by:
95
(a) contacting Buyer's Agent before visiting any property, especially any first visit;
96 97
(b) furnishing all personal and financial information necessary for Buyer's Agent to perform the Services; and indemnifying and holding Buyer's Agent harmless from all claims resulting from incomplete or inaccurate information provided by Buyer;
98
(c) performing appropriate due diligence, including inspections, of the property to be acquired and its surroundings, that Buyer deems material;
99 100
(d) if Buyer requires financing for this transaction, refraining from taking any action that could result in Buyer's failure to obtain the financing, such as making any purchases that would damage Buyer's credit score or resigning from employment; and
101
(e) participating in all negotiations and complying with any agreement entered into, in good faith.
102
9. DISCLOSURES AND ACKNOWLEDGMENTS: Buyer's Agent discloses to Buyer, and Buyer understands and agrees to, the following:
103 104 105 106 107 108 109
(a) Hiring Experts. Buyer's Agent is qualified to advise on matters concerning the purchase and sale of real estate, but is not an expert in law, tax, finance, surveys, structural conditions, hazardous materials, land use, title, environmental risks, engineering, and other aspects of the due diligence process. Buyer's Agent does not investigate the status of permits, zoning, location of property lines, code compliance, or square footage. Those inspections and investigations are important, and Buyer should hire experts to conduct them, and should consider making any purchase contingent on Buyer's satisfaction with them. Although Buyer's Agent may provide names or sources for such advice or assistance, Buyer's Agent does not warrant the services of such providers or their products, or the condition of property to be acquired, nor does Buyer's Agent guarantee all defects will be disclosed by the seller.
110
(b) Confidentiality. Although Buyer's Agent will not disclose Buyer's confidential information (such as transaction terms, financial
111
qualifications, or motivation to buy or sell) except as required under Oregon law, Sellers or their representatives may not treat the existence,
112 113
terms, or conditions of Buyer's offer(s) as confidential, and may freely disclose those matters unless confidentiality is specifically agreed upon in a written agreement.
114
(c) How Compensation is Paid. This Representation Agreement is an important part of ensuring that buyer expectations are met regarding
115
when and how much compensation buyers pay. Compensation is paid by buyers and sellers to real estate firms, and those firms pay a portion
116 117
of that compensation to their real estate agents. A seller's agent's firm may pay compensation to a buyer's agent's firm, which means that the seller's agent's firm may share a portion of the compensation the seller's agent's firm receives from the seller with the buyer's agent's firm.
118
Buyers can ask sellers to pay compensation to buyer's agent's firm. If a buyer obtains financing for a transaction from Veterans Affairs (a VA
119 120
loan), the terms of the buyer's loan may require the seller or seller's agent's firm to pay compensation to the buyer's agent's firm. Buyer should consult with lender. Before a seller's agent and buyer's agent agree to share compensation, they must disclose to their clients the amount and
121
other terms of the shared compensation. Compensation may be paid at the beginning of a representation, in installments, or at closing. Buyer
122
should discuss with Buyer's Agent any matter regarding compensation that Buyer does not understand.
123 124
Buyer are also Buyer's exclusive agents.
(d) Teams and Covering Agents. For purposes of this Representation Agreement, real estate agents who Buyer's Agent assigns to work with
Buyer Initials
/
/
/
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 050 | Released 01/2026 | Page 3 of 4 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201
www.lwolf.com
Blank
RESIDENTIAL
BUYER REPRESENTATION AGREEMENT - EXCLUSIVE 125 126 127 128 129 130 131
10. DISPUTE RESOLUTION: All disputes or claims of any kind between Buyer's Agent and Buyer related to or arising under this Representation Agreement that cannot be resolved through formal or informal mediation will be submitted to final and binding arbitration under the rules of the Arbitration Service of Portland. The prevailing party in any arbitration will, at the discretion of the arbitrator, be entitled to recovery of all costs, disbursements, and attorney fees as allowed by law. However, if Buyer enters into a Real Estate Sale Agreement for the purchase of a property during the Term, the dispute resolution provisions contained in that agreement will supersede and replace this section. By consenting to this provision, the parties are agreeing disputes arising under this Representation Agreement will be heard and decided by one or more neutral arbitrators, and the parties are giving up the right to have the matter tried by a judge and jury. The right to appeal an arbitration decision is limited under Oregon law.
132 133
11. ENTIRE AGREEMENT: The terms of this Representation Agreement are the complete and final expression of the entire agreement between Buyer and Buyer's Agent and cannot be modified except in writing, signed by both Buyer and Buyer's Agent.
134 135 136 137 138 139 140 141 142 143 144
12. ADDITIONAL PROVISIONS: If this section is used to modify the Fee, it must be easily understood by Buyer and Buyer's Agent. (describe)
145 146 147 148
Buyer Print Phone Number Mailing Address
149 150 151 152
Buyer Print Phone Number Mailing Address
153 154 155 156
Buyer Print Phone Number Mailing Address
157 158 159 160
Buyer Print Phone Number Mailing Address
161 162
Buyer's Agent Print Natalie Nolte
163
Firm Mailing Address 828 NW Wall St, Bend, OR 97703
Date/Time
←
Date/Time
←
Date/Time
←
Date/Time
←
Date/Time
←
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 050 | Released 01/2026 | Page 4 of 4 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201
www.lwolf.com
Blank
RESIDENTIAL
ADVISORY REGARDING FAIR HOUSING 1 2 3
It is unlawful for a seller to refuse to sell a home to a buyer because the buyer is a member of, or is perceived to be a member of, a protected class. Sellers are free to reject offers for legal reasons, such as price and terms, but they cannot base their rejection solely on the protected characteristics of a buyer. Under fair housing law, these protected characteristics are known as "protected classes."
4 5 6 7 8 9 10
Federal, state, and local fair housing laws are in place to protect buyers in protected classes from discrimination by sellers, real estate and mortgage brokers, and other real estate service providers and their employees. At the federal level, these protected classes include race, color, religion, national origin, sex (gender), disability (physical or mental), and familial status (children in the household under age 18, anticipated presence of children through adoption, pregnancy, surrogacy, etc.). To the list of federal protected classes, the State of Oregon adds sexual orientation, gender identity (whether the individual identifies as female or male, both, or neither, regardless of their assigned sex at birth), marital status (single or married), legal source of income, and victims or survivors of domestic violence (including sexual assault and stalking). Local jurisdictions may also have additional protected classes, like domestic partnerships, ethnicity, and age. The more restrictive federal, state, or local laws will apply.
11
(a) For information about federal law, see 42 U.S. Code § 3604 - Discrimination in the sale or rental of housing.
12 13 14 15
(b) For information about Oregon law, see: (i) ORS 659A.421 - Discrimination in selling, renting, or leasing real property prohibited; (ii) OAR 839-005-0205 - Housing discrimination; prohibited discrimination in real property transactions; and (iii) ORS 90.390 - Discrimination against tenant or applicant.
16
(c) Contact the city or county where the property is located for information about local discrimination laws.
17 18 19 20
In addition to federal, state, and local law, REALTORS® must follow the Code of Ethics of the National Association of REALTORS®. Article 10 of the Code of Ethics says: "REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. REALTORS® shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity."
21 22
If a buyer feels discriminated against, they should consult their real estate agent or the agent's office manager. If additional resources are needed to help resolve a complaint, the following are some state and federal organizations available to help:
23
(a) Fair Housing Council of Oregon - Hotline: (800) 424-3247, ext. 2
24
(b) Oregon Law Center: (888) 585-9638
25
(c) Bureau of Labor & Industries (BOLI): (971) 673-0761
26
(d) U.S. Department of Housing and Urban Development: (800) 669-9777
27 28
ACKNOWLEDGMENT: The undersigned acknowledge they (a) have read this advisory; (b) have received a copy for their files; and (c) are aware that they can contact government agencies if they believe illegal discrimination is occurring in a real estate transaction.
29 30
Client Print
Date/Time
←
31 32
Client Print
Date/Time
←
33 34
Client Print
Date/Time
←
35 36
Client Print
Date/Time
←
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 104 | Released 01/2026 | Page 1 of 1 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
RESIDENTIAL
ADVISORY REGARDING ELECTRONIC FUNDS
1 2 3
ATTENTION: Transferring funds electronically is more of a threat than many people realize. Every day, scammers pretend to be trusted advisors, and by changing an email address or phone number, they can trick people into sending their money to a fake account. Consumers have lost billions of dollars to scammers in real estate transactions.
4
1. HOW CRIMINALS MAY TRY TO STEAL MONEY:
5
(a) They gain access to peoples' emails to find out who is going to be sending money electronically.
6 7
(b) They make fake websites and use phony contact information (such as email addresses and phone numbers) so that they look like those
8
(c) They slightly change the information you have received from someone you are doing business with.
9
(d) They put pressure on you to do something quickly or at the last minute.
10
belonging to your real estate agent, lender, title company, or other people you already know.
2. FOLLOW THESE SIMPLE RULES TO AVOID LOSING MONEY:
11 12 13
(a) When you are trying to contact someone, make sure to use contact information that did not come from a scammer. Gather contact
14 15
(b) Some companies use software that requires you to use a password every time you send them a message. While this may take a little more time, it is safer to use them than it is to opt-out.
16
(c) Talk with your real estate agent about what to expect during the closing process. If anything different happens, reach out for help.
17 18
(d) When you receive instructions about sending your money, confirm the authenticity of those instructions by talking in person with or calling a person you know. Make sure you are not talking to the scammer. Always make sure that the information you are relying on is real.
19 20
(e) If someone tells you that their procedures have changed, or that they have a new bank, or otherwise change the information you already received, it could be a scam. Reach out to a trusted person for help.
21 22
(f) Do not use email to send financial information or wiring instructions to anyone, including your real estate agent. The email might be sent to
23 24
(g) If you are uncomfortable with the method you are asked to use to send money, talk with the escrow company about options. Make sure the
25
(h) If you think you might have been scammed, act quickly. Contact the bank or business you used to send the money immediately.
information from your real estate agent, title company, and lender into one place at the beginning of the transaction, and only use that information.
a scammer. funds are received well before your transaction closes escrow so that they can be verified.
26
To file a complaint with the FBI's Internet Crime Complaint Center (IC3), go to https://www.ic3.gov.
27 28
To file a complaint with the Oregon Department of Justice, go to https://justice.oregon.gov/consumercomplaints/OnlineComplaints/OnlineComplaintForm/en.
29
3. ACKNOWLEDGMENT: The undersigned acknowledge they: (a) have read this advisory; and (b) have received a copy for their files.
30 31
Client Print
Date/Time
←
32 33
Client Print
Date/Time
←
34 35
Client Print
Date/Time
←
36 37
Client Print
Date/Time
←
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 043 | Released 01/2026 | Page 1 of 1 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
RESIDENTIAL
ADVISORY REGARDING SMOKE AND CARBON MONOXIDE ALARMS 1 2 3
When buying, selling, or renting residential property in Oregon, it is important to learn the laws pertaining to smoke and carbon monoxide alarms. This Advisory Regarding Smoke and Carbon Monoxide Alarms (this “Smoke and CO Advisory”) provides notice of those laws and resources for additional information.
4
Alarms are required before most existing homes and manufactured dwellings can be sold, and in all newly constructed homes and many remodels.
5 6
Alarm type, installation location, power source, maintenance, testing, and replacement are controlled by local and state laws and rules, as well as alarm manufacturers' instructions.
7 8 9
In rental properties, working alarms must be installed before they can be rented. State law describes the requirements for alarm information that landlords must give tenants, and notices that tenants must give landlords. State law also governs testing intervals, responsibility for batteries, and replacement of faulty units.
10
Most importantly, properly functioning alarms save lives. It is illegal to tamper with a working smoke or carbon monoxide alarm.
11 12 13
This Smoke and CO Advisory is to raise awareness of the importance of alarms. Buyers and sellers need to do their due diligence to determine what the law requires and whether the requirements have been met. Real estate licensees are not experts on these matters, and alarm laws change frequently. Get the latest information from these sources: SMOKE ALARM RESOURCES:
CARBON MONOXIDE ALARM RESOURCES:
(a) State Fire Marshal (503) 378-3473 https://www.oregon.gov/osfm/education/fire-safe/Pages/smokeco-alarms.aspx
(a) Oregon Statutes ORS 476.725 - Statewide standards for residential carbon monoxide alarms (public law)
(b) Oregon Statutes ORS 479.260 - Transfer of dwelling unit or lodging house without smoke alarm or smoke detector prohibited (public law)
(b) Oregon Administrative Rules Chapter 837 Division 47 - Carbon Monoxide Alarms and Detectors
(c) Oregon Administrative Rules Chapter 837 Division 45 - Smoke Alarms and Smoke Detectors 14
Additional Resources:
15
Phone number:
16
Website:
17 18
Additional Resources: Phone number:
19
Website:
20
ACKNOWLEDGMENT: The undersigned acknowledge they: (a) have read this Smoke and CO Advisory; and (b) have received a copy for their files.
21 22
Client Print
Date/Time
←
23 24
Client Print
Date/Time
←
25 26
Client Print
Date/Time
←
27 28
Client Print
Date/Time
←
Email:
Email:
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 080 | Released 01/2025 | Page 1 of 1 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
RESIDENTIAL
ADVISORY REGARDING THE FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT 1 2
This Advisory Regarding the Foreign Investment in Real Property Tax Act (this “FIRPTA Advisory) is only an advisory and should not be relied upon as legal or tax advice.
3 4 5 6 7
1. FIRPTA LAW SUMMARY: The seller and buyer are advised upon closing, a federal law known as the Foreign Investment in Real Property Tax Act of 1980 ("FIRPTA") requires buyers to withhold a portion of a seller's proceeds if the real property is located within the United States and the seller is a "foreign person" who does not qualify for an exemption (the "Withholding Requirement"). A "foreign person" includes a nonresident alien individual, foreign corporation that has not made an election under Section 897(i) of the Internal Revenue Code to be treated as a domestic corporation, foreign partnership, foreign trust, or foreign estate but does not include a resident alien individual. Generally, the following rules apply under FIRPTA:
8 9 10 11 12
(a) There is no Withholding Requirement, even if the seller is a "foreign person," if: (i) the purchase price of the property is not more than $300,000; and (ii) the property will be occupied as a residence by a buyer who is an individual, or a member of that buyer's family; and (iii) for at least 50% of the number of days, excluding days the property is vacant, it is used by such person during each of the first two twelve (12) month periods following the date of closing;
13 14
(b) The Withholding Requirement will be ten percent (10%) of the purchase price when the seller is a "foreign person," and the purchase price is over $300,000 but less than $1,000,000, and (a)(ii) and (iii) above apply; and
15 16 17
(c) The Withholding Requirement will be fifteen percent (15%) of the purchase price when the seller is a "foreign person," and the purchase price is over $1,000,000, or the purchase price is less than $1,000,000, and the seller does not qualify for any of the exemptions in (a) or (b) above.
18 19 20
If FIRPTA applies (that is, if the seller is a “foreign person”), even if there is an exemption, the seller and the buyer must inform escrow to determine the extent to which escrow can assist the parties in compliance with FIRPTA. Note seller's failure or refusal to comply with FIRPTA requirements constitutes a material default under the real estate sale agreement.
21 22 23 24 25 26 27
If FIRPTA does not apply (that is, if the seller is not a "foreign person"), then the seller must complete, sign, and deliver to escrow a form of certification of non-foreign status provided by escrow complying with the requirements of 26 CFR § 1.1445-2 (the "Certificate") before closing. The seller is advised the Certificate contains the seller's Social Security Number and other personal information, so the seller may want to contact escrow to determine if escrow is willing to act as a Qualified Substitute and deliver to the buyer a qualified substitute statement complying with the requirements of 26 U.S.C. § 1445(b)(9) (the "Qualified Substitute Statement") in lieu of the Certificate at closing, so the seller's personal information is protected from disclosure to the buyer. If the seller fails or refuses to complete, sign, and deliver the Certificate to escrow before closing, the seller will be presumed to be a "foreign person," and the Withholding Requirement will apply to the transaction.
28 29 30 31 32
If escrow is unable or unwilling to assist with the FIRPTA-related portion of the closing, including, without limitation, providing the form Certificate or acting as a Qualified Substitute, the buyer or the seller, as applicable, has the right, but not the obligation, to move escrow to another Oregon licensed escrow agent willing to assist with the FIRPTA-related portion of the closing, in which case the parties will share equally in the cost of any cancellation fees, if applicable. If, due to moving escrow, the transaction cannot be closed by the closing date, the parties agree the closing date will be extended for a reasonable period not to exceed five (5) Business Days to accommodate moving the transaction to the new escrow agent.
33 34 35
If the seller is uncertain whether the seller is a "foreign person" or the seller or the buyer are uncertain about whether the Withholding Requirement applies or how to comply with the Withholding Requirements, the seller or the buyer, as applicable, should promptly consult their own experts familiar with FIRPTA related law and regulations. For further information, the seller and the buyer should go to, www.irs.gov.
36 37 38 39 40
2. RIGHT TO RELY ON SELLER'S REPRESENTATION: In submitting their offer, it is presumed the buyer has no knowledge, information, or belief that the seller is a “foreign person” or that the transaction is subject to FIRPTA. Furthermore, buyer's and seller's real estate agents, their respective firms, and escrow, its agents, employees, and representatives, will have the absolute right to rely upon the seller's representations regarding the seller's nonforeign status as set forth in the Certificate. This right of reliance will commence upon the seller's signing and delivery of the Certificate and continue after closing unless the seller has disclosed otherwise in writing to the buyer before closing.
Client Initials
/
/
/
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 092 | Released 01/2026 | Page 1 of 2 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
RESIDENTIAL
ADVISORY REGARDING THE FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT 41
3. ACKNOWLEDGMENT: The undersigned acknowledge they: (a) have read this FIRPTA Advisory; and (b) have received a copy for their files.
42 43
Client Print
Date/Time
←
44 45
Client Print
Date/Time
←
46 47
Client Print
Date/Time
←
48 49
Client Print
Date/Time
←
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 092 | Released 01/2026 | Page 2 of 2 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201
www.lwolf.com
Blank
RESIDENTIAL
ADVISORY REGARDING TITLE INSURANCE 1
This Advisory Regarding Title Insurance (this “Title Insurance Advisory”) explains title insurance and how it is involved in a real estate transaction.
2 3 4 5 6 7 8 9
1. TITLE: To understand title insurance, it is helpful to understand what title to real estate is. It is not a piece of paper, like a title to a vehicle. Title to real property is the sum of all the transactions relating to the property in the past: it is a description of the rights currently held by the owners and others. Real estate title is often compared to a bundle of sticks. A person who acquires real estate “in fee simple” (meaning with all the rights of ownership) has a full bundle of sticks. The owner can give away some of those sticks in the form of leases, mortgages, easements, licenses, profits á prendre (such as mineral rights), CC&Rs (covenants, conditions, and restrictions), liens, options, etc. Oregon law typically requires each of these to be documented in writing. To preserve and give notice of these rights, each document that creates them is recorded in the official records of the county in which the property is located. Governments have unrecorded rights, such as the right to create zones for permitted uses, the right of eminent domain for just compensation, the right to tax property, the right to require construction permits, and the right to impose codes for proper construction.
10 11 12 13 14 15 16 17 18
2. TITLE REPORTS: Before a person buys a property, they have the right to know which of the sticks in the bundle have already been given away, so that they will know how they can use the property and how the sticks that have been given up impact the property's value. After a buyer and seller sign a sale agreement, the seller or their agent sends the agreement to a title and escrow company. A title officer searches a database of the county's real estate records and makes a list of the sticks that have been given up, which are referred to as “title exceptions.” The title officer creates a “preliminary title report” that shows who owns the property, a description of the title insurance being purchased and amount of coverage, the cost of the insurance policy, the names of the buyers who will be covered by the policy, a legal description of the property, a description of the property taxes assessed against a property, a list of general title exceptions applicable to all properties, links to special title exceptions applicable to just the property being purchased, and the effective date of the report. The preliminary title report also includes a description of what the title company requires to close the transaction, a description of what the title insurance policy does not cover, and the title company's privacy policy.
19 20 21 22 23
3. REVIEWING TITLE REPORTS: Reviewing preliminary title reports is essential to buyers and their lenders. Mortgage lenders want to know if there are any title exceptions that would lower the value of the property because the property is the collateral for the loan they will make. Buyers want to know such things as whether the property is in a neighborhood regulated by an owner association, and whether anyone has the right to use any portion of their property. Both buyers and lenders want to know that the title will be “marketable,” meaning free of objectionable encumbrances. When the title company sends the preliminary title report to the buyer, the buyer should review all of it. Here are some things buyers should look for:
24 25
(a) Mortgages. In Oregon, a mortgage is usually called a “trust deed” or a “deed of trust.” Buyers and lenders insist that sellers remove mortgages from title at closing by paying them off with the proceeds of the transaction and recording a release document.
26 27 28 29
(b) Taxes and Assessments. Governments automatically have liens on property for taxes and assessments on property within their boundaries. Unless the parties have made a separate agreement about these amounts, buyers should object to any past-due taxes and assessments, and sellers should pay them at or before closing. Escrow officers prorate taxes and assessments for the current year as of the closing date.
30 31 32 33
(c) Plat. Many properties, especially those within city limits, are formed by recording a plat that shows the boundaries of each lot within a development being created. Plats also create streets that are dedicated to the public, easements for utilities and common areas. Buyers should review plats to determine whether there are any rights or obligations that are unique to the property being purchased. A plat is different from a survey; see “Surveys” below for additional information.
34 35 36 37
(d) Covenants, Conditions, and Restrictions (CC&Rs). Developers record CC&Rs to make neighborhoods more valuable to buyers, but they may contain restrictions that some owners do not like. Buyers should review the CC&Rs to determine whether there are limits on pets, the places where boats or recreational vehicles can be parked, limits on exterior paint color or signs, and uses of the common areas and amenities controlled by the owner association.
38 39 40 41
(e) Easements. There are two kinds of easements: those that benefit a property (such as the right to maintain a fence on a neighbor's property), and those that burden a property (such as a driveway that a neighbor can use to get to their property). Easements for electricity, gas, water, fiber, or other utility lines running over or under the surface run through most properties. It is helpful to hire a surveyor to prepare a sketch of an easement area to determine the area impacted, particularly if the buyer is depending on an easement for access to a property.
42 43
(f) Leases. The parties to residential leases usually do not record them unless they include an option to purchase the property. If a lease or a memorandum of a lease is a title exception, but the lease has terminated, the buyer should object so that the seller will eliminate it from title.
44 45
(g) Options. A person who pays for the right to buy a property typically obtains a right to record the option agreement or a memorandum of the agreement. This prevents the seller from ignoring the person's rights by selling to a third party. Buyers should object to expired options.
Client Initials
/
/
/
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 103 | Released 01/2026 | Page 1 of 3 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2024 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
RESIDENTIAL
ADVISORY REGARDING TITLE INSURANCE 46 47 48 49
(h) Mineral Rights. Profits á prendre are rights that a third party owns, allowing them to remove minerals, soil, or other materials from a property. They are more common in rural areas. If a title exception for mineral rights appears on a preliminary title report, the buyer should engage experts to determine the financial and physical impact of previous mineral removal (both now and in the future), any resulting environmental contamination, and the status of land use approvals.
50 51 52 53
(i) Liens. There are many types of liens against properties: governments may have liens for unpaid taxes, cities may have liens for code violations, creditors may have liens for judgments they have won in court, owner associations may have liens for assessments, and contractors or material suppliers may have construction liens for their contributions to projects. Buyers should object to these so that they do not take title to a property subject to them.
54 55 56
(j) Water. If the boundary of a property runs along a river or stream, there may be a title exception due to the possibility that the river or stream has changed course. There may also be title exceptions for water rights or allowing irrigation districts to regulate water use on the property. Buyers of agricultural and other properties that use water can include a contingency for the availability of sufficient water rights.
57 58 59
(k) Surveys. Some property surveys are recorded, and a recorded survey may show encroachments or other information impacting a property. Encroachments appearing in recorded surveys will appear in preliminary title reports as title exceptions. Lenders may be willing to close loans with minor encroachments if an easement agreement with the neighboring owner is signed and recorded at or before closing.
60 61 62 63 64
(l) Waivers of Rights of Remonstrance. Remonstrate means to oppose, object, or protest. People typically have the right to oppose governmental actions that impact them, but they can give up that right by waiving the right of remonstrance. Governments may require owners or developers to waive that right before building the infrastructure necessary to develop or improve a neighborhood. These waivers prevent developers and subsequent property owners from opposing assessments on properties for costs incurred to build or maintain community improvements such as streets, lighting, stormwater facilities, and sidewalks (sometimes referred to as “local improvement districts”).
65 66 67 68 69 70 71 72 73 74 75 76 77
4. TITLE OBJECTIONS: Sale agreements typically give buyers several days to review the preliminary title report, object to title exceptions, and terminate the transaction if the seller and title company do not agree to eliminate title exceptions to which the buyer objects. Although some title exceptions, such as the seller's mortgages, are always objectionable, others, such as neighborhood CC&Rs, cannot be removed at closing, and an objection would result in the termination of the transaction. Buyers should contact their agents if they want to object to title exceptions. A timely objection is usually handled in one of four ways: (a) if it is a financial encumbrance, the seller agrees that a portion of the sale proceeds will be used to pay it off; (b) if it is uncertainty about occupancy, construction or rights of heirs, the seller typically signs an affidavit and agrees to indemnify the title company if the affidavit is not accurate; (c) if it is an easement or other title encumbrance that was mistakenly included in the title report or is no longer applicable, the title company agrees to eliminate it from the title report; (d) if the seller and the title company will not agree to eliminate it, the buyer can choose whether to waive their objection or terminate the transaction. If the transaction will go forward, the escrow company will prepare escrow instructions for the parties to sign at Closing, and those instructions will indicate which of the title exceptions the parties have agreed will remain. Buyers should review the escrow instructions they are asked to sign to ensure that any title objections that the seller agreed to remove are not included as permitted exceptions. The deed that is recorded will convey title to the borrower, subject to encumbrances to which the buyer did not object.
78 79 80 81 82 83 84 85
5. TITLE INSURANCE POLICIES: In Oregon, sellers typically pay for the buyers' standard title insurance policy, buyers typically pay for their lender's title insurance policy, and those payments are made at closing. Like most insurance, title insurance policies and the amounts charged for them are regulated by Oregon's Department of Consumer and Business Services. Unlike other kinds of insurance, premiums for title insurance are not paid annually: a single payment at closing keeps the title insurance in place forever. A few weeks after a transaction is closed and the deed is recorded, the title insurance company sends the buyer a title insurance policy. Buyers should review their policies when they arrive to make sure the list of title exceptions matches the list in the escrow instructions signed by the buyer and seller. Title insurance insures parties against damages they incur when the actual title to a piece of real property differs from the way it appears in a title policy. If a title issue covered by the policy ever emerges, the buyer should make a claim under their policy to the title insurance company.
86
6. TYPES OF TITLE INSURANCE POLICIES: There are a few types of title insurance policies available:
87 88 89 90
(a) Standard Owner's Policy. A buyer generally obtains a standard owner's policy of title insurance. This policy ensures the buyer that they own the property by providing coverage against problems with recorded documents, including errors in examining records, forgery, deeds signed by people who lacked capacity to sign a contract, the interests of missing heirs, and mistakes in recording documents. The cost depends on the value of the property and is generally ¼ to ½ of a percent of the purchase price of the property.
Client Initials
/
/
/
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 103 | Released 01/2026 | Page 2 of 3 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2024 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201
www.lwolf.com
Blank
RESIDENTIAL
ADVISORY REGARDING TITLE INSURANCE 91 92 93 94
(b) Extended Owner's Policy. A buyer can obtain additional coverage by paying an additional premium and having a detailed survey of the property prepared by a licensed surveyor. Extended policies cover damages associated with unrecorded easements or leases, violations of building permits, setbacks, restrictive covenants, or covenants resulting in reversion, adverse possession, and various title issues that don't arise until after the policy is issued.
95 96 97
(c) Early Issue Insurance. This insurance protects buyers of new or remodeled homes from construction liens. Oregon's Homebuyer Protection Act requires sellers of residential properties with more than $50,000 of work completed in the 90 days before closing to protect buyers from construction liens, and this is one of the ways that protection can be provided.
98 99 100 101
(d) Extended Lender's Policy. Mortgage lenders obtain title insurance policies simultaneously with buyers obtaining their policies. They insure that the lender has a first-priority mortgage. These title insurance policies cost less than owner's title insurance policies because the title company does not have to do the same title examination work twice, the coverage amount is only the outstanding amount of the loan, and the lender is less likely to incur damages than an owner.
102 103
(e) Seller's Policy. A particularly cautious seller can purchase title insurance for themselves, insuring against damages they incur as a result of the promises they make when they sign a deed.
104 105
(f) Vendee's Policy. For the same reasons that a buyer obtains an owner's title insurance policy, a person who is purchasing a property under a contract of sale (also known as a land sale contract) should obtain a vendee's or purchaser's policy of title insurance at Closing.
106 107 108
(g) Policy Endorsements. These are not actually types of insurance policies: they are extra coverage that goes along with one of the policies described above. There are dozens of endorsements, covering everything from the accuracy of the property's address to remote online notarization to encroachments.
109
The title insurance policy should be kept in a safe place so that the buyer can refer to it if there is ever a title problem in the future.
110 111
7. ACKNOWLEDGMENT: The undersigned party acknowledges that: (a) they have read this Title Insurance Advisory; (b) they have received a copy for their files; (c) they understand the purpose of title insurance and the importance of reviewing preliminary title reports and title insurance policies.
112 113
Client Print
Date/Time
←
114 115
Client Print
Date/Time
←
116 117
Client Print
Date/Time
←
118 119
Client Print
Date/Time
←
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 103 | Released 01/2026 | Page 3 of 3 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2024 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201
www.lwolf.com
Blank
RESIDENTIAL
ADVISORY TO BUYER REGARDING RECORDING DEVICES 1 2 3
Recording devices are common, including inside and outside peoples' homes. When buyers view a home for sale, the seller may be monitoring what they say and do. Most sellers use recording devices for security purposes, but the devices can also gather information about a buyer. If buyers are not careful, they can disclose confidential information, from how much they might be willing to pay to how important it is to purchase the home.
4 5 6
Buyers should be careful about what they say while touring a home. Because devices can be hidden, it is best to assume they are present and not say anything that might weaken the buyer's bargaining position. If possible, buyers should wait until they are outside the home and outside the range of monitoring devices before saying anything about the price, bidding strategy, or other important information.
7 8 9 10
Under Oregon law, it is illegal for anyone to “obtain” a conversation that they are not part of without the consent of at least one of the participants to the discussion. Although the law includes an exception for those who obtain conversations in their homes, that exception probably does not apply to a conversation between a buyer and their real estate agent. Sellers may try to make the monitoring legal by posting a sign stating that recording devices are being used. The law does not state whether a warning sign makes the monitoring legal.
11 12
Buyers who have questions about what kind of monitoring is legal should seek legal counsel. Real estate agents are able to talk with buyers about how to talk securely about their experience during a home tour.
13
ACKNOWLEDGMENT: The undersigned acknowledge they (a) have read this advisory; and (b) have received a copy for their files.
14 15
Buyer Print
Date/Time
←
16 17
Buyer Print
Date/Time
←
18 19
Buyer Print
Date/Time
←
20 21
Buyer Print
Date/Time
←
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 102 | Released 01/2026 | Page 1 of 1 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
RESIDENTIAL
ADVISORY TO BUYER REGARDING WAIVING CONTINGENCIES 1 2
The Oregon Real Estate Forms, LLC (“OREF”) Sale Agreement includes specific terms and conditions to protect and inform buyers as they go through the process of purchasing a property. For example:
3 4 5 6
(a) Inspection Contingencies. If the buyer purchases a property, they will be buying it in as-is condition. Unless the buyer and the seller agree that repairs or other changes will be made, any problems with the property will be the buyer's responsibility, not the responsibility of the seller or any real estate agent. The OREF Sale Agreement gives the buyer the opportunity to have the property inspected so that they can decide whether its condition is acceptable to them.
7 8 9
(b) Disclosure Contingency. Every seller is required to give the buyer any material information they have about the property that is being sold. Most sellers are also required to fill out a disclosure statement. The Buyer has a limited right to terminate the purchase of the property if they learn information that is unacceptable to them.
10 11 12
(c) Title Contingency. Most properties contain restrictions on the way they are used. This contingency allows the buyer to review covenants, conditions, restrictions, easements, zoning, and other encumbrances so that the buyer can make sure that they can use the property they are buying as they intend to use it.
13 14
(d) Appraisal Contingency. The price the buyer pays for the property depends on the condition of the property, the area around the property, the status of the market, the value the buyer places on the property, and other factors.
15 16
(e) Loan Contingency. Closely related to the appraisal contingency, this contingency makes it possible for the buyer to terminate the transaction if the buyer or the property do not qualify for any financing they need in order to purchase the property.
17 18 19
(f) Other Contingencies. The OREF Sale Agreement and its attachments may include other contingencies as well, such as a suitability, review of HOA/condominium documents, purchase or sale of another home, well testing, lead-based paint testing, or custom contingencies that the buyer's real estate agent created for the buyer's unique circumstance.
20 21 22 23 24 25
Because these contingencies are important ways to protect the buyer, the buyer's real estate agent advises against waiving any of them to make the buyer's offer more attractive to the seller or for any other reason. Waiver of one or more of these protections can result in the buyer losing their right to terminate under the contingencies they are waiving, losing their earnest money, and other adverse consequences. The buyer should consider these consequences carefully before waiving contingencies. Only professional inspectors, contractors, lawyers, appraisers, and lenders are qualified to help the buyer with these contingencies. Although real estate agents will help the buyer throughout the home-buying process, they are not qualified to perform these services for the buyer.
26
ACKNOWLEDGMENT: The undersigned acknowledge that:
27
(a) they have read this advisory;
28
(b) they have received a copy for their files; and
29 30 31
(c) the buyer's real estate agent has advised the buyer not to waive any of the conditions included in the OREF Sale Agreement, and if the buyer does so, they assume all responsibility for loss of earnest money deposit(s) if the land and improvements or transaction terms do not meet the buyer's expectations or if the purchase has adverse consequences for the buyer now or in the future
32 33
Buyer Print
Date/Time
←
34 35
Buyer Print
Date/Time
←
36 37
Buyer Print
Date/Time
←
38 39
Buyer Print
Date/Time
←
LINES WITH THIS SYMBOL ← REQUIRE A SIGNATURE AND DATE OREF 098 | Released 01/2026 | Page 1 of 1 No portion of this form may be reproduced without the express permission of Oregon Real Estate Forms, LLC | Copyright Oregon Real Estate Forms, LLC 2022 This form has been licensed for use solely by the user named below under the terms of the Oregon Real Estate Forms license agreement located at: https://orefonline.com/oref-forms-license-terms-and-conditions. Phone: 5415089581 Engel & Voelkers, 828 NW Wall St Bend OR 97703 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Natalie Nolte
Fax: 5413234488 www.lwolf.com
Blank
Present ed By:
N ATA L I E N OL T E Private Office Advisor ? +1 (541) 508-9581 NatalieNolte624@gmail..com OR - 200911121
USA - Canada - Mexico - Columbia - Peru - Chili - Uruguay - Spain - Monaco - Swit zerland - M alt a Greece - Sout h Africa - Germany - Denmark - Net herlands - Unit ed Kingdom - Ireland - Luxembourg - Belgium - France Andorra - Port ugal - Czechia - Croat ia - China - It aly - Turks and Caicos - Turkey - Oman - Unit ed Arab Emirat es WORLDWIDE ©2026 Engel & Völkers. All rights reserved. Each brokerage independently owned and operated. Engel & Völkers and its independent License Partners are Equal Opportunity Employers and fully support the principals of the Fair Housing Act. All information provided is deemed reliable but is not guaranteed and should be independently verified.
Engel & Völkers Buyers Guide