If you’re getting ready to sell, the seller’s property disclosure statement can feel like one of the more nerve-racking pieces of paperwork. It asks about everything from your roof to your title, and it’s natural to worry about getting an answer wrong or saying too much. In our experience, sellers who understand what the form asks, and who fill it out carefully before listing, find it far less stressful than they expected. Below we walk through who has to complete it, what it covers, how to answer honestly, and the timing choices that can make your sale smoother.
The short answer: if you sell a house, condo or other home with one to four units in Oregon, you’ll usually complete a seller’s property disclosure statement and deliver it to each buyer who makes a written offer. The form asks what you actually know about the home, from title and water to the roof, permits and drainage. It is not a warranty, and “unknown” is an allowed answer.
Filling it out carefully, before you list, protects your sale and gives buyers fewer surprises.
Who has to fill out the Oregon seller disclosure statement?
Under ORS 105.465, the statement applies to most sales of real property with one to four dwelling units, including many condominium units and some manufactured homes sold with the land. The seller delivers it to each buyer who makes a written offer.
Some sales are excluded under ORS 105.470, including:
- the first sale of a home that has never been occupied, when the builder provides the required building permit statement;
- sales by a financial institution that acquired the home through foreclosure or a deed in lieu;
- sales by court-appointed fiduciaries, such as a personal representative, trustee, conservator or guardian;
- sales by a government agency.
Whether an exclusion applies to your sale is a legal question. If you’re selling as a trustee or as part of an estate, we’d encourage you to ask a qualified attorney before you decide not to use the form.
What does the form ask about?
The statutory form in ORS 105.464 is organized into sections, and each question is answered Yes, No or Unknown. The main sections cover:
- Title: easements, encroachments, boundary disputes, liens and similar issues.
- Water: the source of household water, and any known problems with it.
- Sewage system: public sewer or an on-site septic system, and any known problems.
- Insulation, structure and systems: roof leaks and repairs, additions or remodels done with or without permits and final inspections, moisture, dry rot or pest problems, and the condition of heating, plumbing, electrical and other systems.
- Common interest: homeowners association dues, assessments and pending issues.
- Seismic: whether a home built before 1974 has been bolted to its foundation.
- General: issues such as drainage, fill or flood-zone status.
- Full disclosure: any other material defects you know about that are not covered elsewhere.
The form asks, for example, whether there has been a pest, dry rot or structural inspection within the last three years. Having those reports on hand makes the answers easier.
How should you answer the questions?
Answer from your actual knowledge. The form is based on what you know, not on what a professional might find, and it tells you not to leave any spaces blank. If you truly don’t know, “Unknown” is the honest answer. Guessing is not.
We suggest gathering your records first: permits and final inspections for remodels, repair invoices, roof and furnace work, septic or well records if you have them, and any inspection reports. Several questions ask you to explain a “Yes” on an attached sheet, and repair invoices or reports help buyers understand what happened and what was done.
This is also where pre-listing work pays off. Our post on what to fix before listing covers repairs worth making first.
A pre-listing inspection is one option to consider here. It can give you a clearer picture of the home before you fill out the form, and time to repair or price for what it finds. The trade-off is that the findings become part of what you know, so they belong in your answers. If you order one, your inspector should be certified by the Oregon Construction Contractors Board.
When do buyers see it, and what can they do?
A buyer who has not waived the right in writing has five business days after receiving your disclosure statement to revoke the offer, under ORS 105.475. If a seller does not provide the statement, the buyer’s right to revoke lasts until closing.
That gives you a timing choice. You can deliver the statement once an offer arrives, or complete it before you list and make it available up front. Waiting means less work before listing, but the five-day window opens after you’ve accepted an offer. Delivering a completed statement early lets buyers read it before they write an offer rather than after, which is why it’s our usual recommendation. Our post on comparing offers explains how that plays out.
Under ORS 105.480, the answers are your representations, not your agent’s or anyone else’s. We can help you find records and understand where each question applies, but the answers are yours.
Is anything else disclosed besides the Oregon form?
For most homes built before 1978, federal rules add a lead-based paint disclosure. According to the EPA, sellers must give buyers an EPA-approved pamphlet, disclose any known lead-based paint and hazards, share available records and reports, and allow the buyer a 10-day opportunity to test, which the parties can change or waive in writing.
If you learn something new after you complete the statement, such as a leak found during the buyer’s inspection, talk with your agent right away about how to handle it. Our post on preparing for the buyer’s home inspection covers what usually happens after the report.
Common questions
Is the seller disclosure statement a warranty?
No. The Oregon form is titled “Not a warranty,” and it says the disclosures are based on your actual knowledge of the property at the time you fill it out. It also advises buyers to hire qualified specialists, such as certified home inspectors, to inspect the property. That’s one more reason to keep your answers accurate and your records together.
Do you have to mention problems you already fixed?
Answer each question as it is written. Some questions ask whether something has ever happened, such as a roof leak, not only whether it is a problem today. If a question applies, answer it and add a short explanation, with the repair invoice if you have it. In our experience, a documented repair usually reads better to a buyer than a surprise.
Does your agent fill out the form for you?
No. The statement is yours, and Oregon law treats the answers as the seller’s representations. Your agent can explain the form, help you find permits and reports, and make sure it is delivered to buyers. For questions about legal consequences, the form itself suggests talking with a qualified attorney.
Filling it out with confidence
The disclosure statement isn’t a trap. It’s a way to tell buyers what you know, clearly and on the record. Gather your paperwork, answer from what you actually know and consider getting it done before you list. If you’re getting ready to sell in Salem or Keizer, a HomeStar Brokers agent can compare your home with the listings buyers will see alongside it and help you gather what you need before you list.
This article provides general real estate information and is not legal advice. Disclosure duties depend on your situation; talk with a qualified Oregon attorney about legal questions.
