When you’re selling a house in Oregon, you are required to disclose known information about your property to the next buyer.
You might be wondering:
“I had a roof leak last year and fixed — should I disclose that?”
“I had this repair done. Do I need to disclose it?”
This is one of the main reasons home sellers get sued by buyers — and real estate agents can get sued too. We all carry risk.
In this post, I’ll walk you through who needs to fill out the Oregon Property Disclosure form, who is exempt, what kinds of questions are on the form, and practical tips so you have a clear understanding of what you should disclose.
Disclaimer
This is not legal advice.
If you are already in a transaction or facing a lawsuit, please talk to your attorney.
This is Property Disclosure 101 for people who are thinking about selling their home.
Who Is Exempt from Filling Out the Disclosure Form?
You do not have to complete the Oregon Property Disclosure form in these situations:
- Brand-new homes
New construction is exempt. Builders go through the city permit and inspection process, which is designed to catch most issues. I’d still recommend home inspection on brand new homes. - Financial institutions selling the property
Bank-owned or foreclosure properties are generally exempt. Banks typically know very little about the condition of the home. - Court-appointed sellers
Personal representatives or trustees appointed by the court are exempt (the assumption is they may not know much about the property).
Personal note: Even if you are exempt as a trustee, if you know something important, it is still a good idea to disclose it. - Governmental agencies
Tax foreclosures sold by the county are exempt.
Important note:
The form applies to residential properties (including duplexes, triplexes, and fourplexes), condominiums, timeshares, and manufactured homes.
Commercial properties follow a different rules.
Main Sections of the Oregon Property Disclosure Form
The form is fairly long (around 8 pages in 2026). Most questions are answered with Yes / No / Unknown.
Here are the major categories:
1. Title
- Do you have legal authority to sell the property?
- Are there any encroachments, boundary disputes, easements, rights-of-way, or licenses?
- Any government studies, pending litigation, zoning violations, surveys, or upcoming tax assessments?
2. Water
- Public water or well?
- Water source permits, testing, maintenance issues, plumbing repairs, or water treatment systems?
- Irrigation or outdoor sprinkler systems and backflow tests?
Well properties require significantly more detail (flow tests, potability, water rights, etc.).
3. Sewage System
- City sewer or septic?
- On-site systems, pumping history, sand filter or aerobic systems, regular maintenance?
- Sewage ejector pumps (common when the house sits below the sewer line)?
4. Dwelling Insulation
- Insulation in the attic, walls, or floors?
(Many sellers mark “Unknown” because they have never checked.)
5. Dwelling Structure
- Has the roof ever leaked? (Disclose details and attach invoices if possible.)
- Any remodeling? Did you pull permits?
- Smoke and carbon monoxide alarms?
- Pest or dry rot issues?
- Moisture or mold problems?
- Construction materials that have been recalled (e.g., certain LP siding or electrical panels)?
6. Dwelling Systems & Fixtures
- Electrical, plumbing, heating, appliances, garbage disposal, sump pump, security system (owned or leased)?
- Are they working properly?
7. Common Interest (HOA)
- Contact information, monthly dues, what is covered, pending special assessments, violations, or fines?
8. Catch-All / Material Defects
- Are there any other material defects that affect the property’s value that a buyer should know about?
(This is a Yes or No question only)
Other general questions cover soil and drainage issues, flood zones, asbestos, radon, lead-based paint (especially homes built before 1978), underground storage tanks (oil tanks), and whether the property was ever used as a meth lab.
Practical Tips from a Working Realtor
- Disclose, disclose, disclose.
The more you disclose, the safer you are. Once the buyer knows the facts, it becomes their responsibility to investigate further. - Attach supporting documents whenever possible (invoices, previous inspection reports, contractor records). This gives buyers clear information and can help with their due diligence.
- Even if a problem was fixed (roof leak, mold, etc.), it is usually better to disclose it than to assume it no longer matters.
- Visible items that any buyer or inspector can easily see (worn carpet, cracked drywall, etc.) generally do not need to be disclosed.
- You typically do not have to disclose deaths in the home or nearby crimes/sex offenders (this can be debatable in some situations and laws can change).
- Realtors also have a duty. If we know something material about the property, we must disclose it. Hiding information can put our licenses at risk.
Bottom Line
Ask yourself this simple question:
If I were the buyer, would I want to know this?
If the answer is yes, disclose it.
The safest approach when selling a house in Oregon is complete honesty. Full disclosure protects both you and your real estate agent.
Thanks for reading.
If you have questions about selling your home in the Portland area, feel free to reach out.
Shawn Yu
Principal Real Estate Broker
Portland, Oregon
Direct: 503-515-4499
www.shawn-realty.com