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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3526
Sponsored by Representatives HARTMAN, OWENS, HELM; Representatives GAMBA, WALTERS, Senators MAN-
NING JR, MEEK
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act says that a buyer of real estate may sue the seller if the seller does not give
the buyer well test results.(Flesch Readability Score: 76.7).
Establishes a cause of action for a buyer in a real estate transaction if the seller fails to provide
the results of required well tests. Modifies well testing requirements to require that a seller provide
a copy of well test results to the Department of Environmental Quality.
Modifies the form of the seller’s property disclosure statement.
A BILL FOR AN ACT
Relating to exempt wells that supply water for domestic purposes; amending ORS 105.464 and
448.271.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 448.271 is amended to read:
448.271. (1) In any transaction for the sale or exchange of real estate that includes [a well] an
exempt well that supplies ground water for domestic purposes, the seller of the real estate shall[,
upon accepting an offer to purchase that real estate,] have the exempt well tested for arsenic, nitrates
and total coliform bacteria. The Oregon Health Authority also may, by rule, require additional tests
for specific contaminants in specific areas of public health concern. The seller shall submit the re-
sults of the tests required under this section to the [authority] Department of Environmental
Quality and to the buyer.[within 90 days of receiving the results of the tests.]
(2)(a) A buyer has a cause of action against a seller for damages if:
(A) The seller did not provide the results of the test to the buyer as required by this
section;and
(B) An exempt well required to be tested under this section contains, at levels in excess
of any maximum contaminant level, arsenic, nitrates or total coliform bacteria, or any other
contaminant if testing is required by the authority in a specific area of public health concern.
(b) Any cause of action granted by this subsection is barred unless the cause of action
is commenced within five years of the date that the transaction closed.
[(2)] (3) The failure of a seller to comply with the provisions of this section does not invalidate
an instrument of conveyance executed in the transaction.
(4) As used in this section, “exempt well” means a well used for exempt purposes under
ORS 537.545 (1)(b) or (d).
SECTION 2. ORS 105.464 is amended to read:
105.464. A seller’s property disclosure statement must be in substantially the following form:
_______________________________________________________________________________________
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2561 HB3526
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If required under ORS 105.465, a seller shall deliver in substantially the following form the seller’s
property disclosure statement to each buyer who makes a written offer to purchase real property
in this state:
_______________________________________________________________________________________
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. Please refer to the line
number(s) of the question(s) when you provide your explanation(s). If you are not claiming an ex-
clusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page
of this disclosure statement and each attachment.
Each seller of residential property described in ORS 105.465 must deliver this form to each buyer
who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the
buyer the right to revoke their offer at any time prior to closing the transaction. Use only the
section(s) of the form that apply to the transaction for which the form is used. If you are claiming
an exclusion under ORS 105.470, fill out only Section 1.
An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not ex-
cluded, the seller must disclose the condition of the property or the buyer may revoke their offer
to purchase anytime prior to closing the transaction. Questions regarding the legal consequences
of the seller’s choice should be directed to a qualified attorney.
_______________________________________________________________________________________
(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION
UNDER ORS 105.470)
Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:
You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not
claiming an exclusion, you must fill out Section 2 of this form completely.
Initial only the exclusion you wish to claim.
This is the first sale of a dwelling never occupied. The dwelling is constructed or installed
under building or installation permit(s) # , issued by .
This sale is by a financial institution that acquired the property as custodian, agent or
trustee, or by foreclosure or deed in lieu of foreclosure.
The seller is a court appointed receiver, personal representative, trustee, conservator or
guardian.
This sale or transfer is by a governmental agency.
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Signature(s) of Seller claiming exclusion
Date
Buyer(s) to acknowledge Seller’s claim
Date
_______________________________________________________________________________________
(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SEC-
TION.)
Section 2. SELLER’S PROPERTY DISCLOSURE STATEMENT
(NOT A WARRANTY)
(ORS 105.464)
NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE
SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED
AT (“THE PROPERTY”).
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS
OF SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE.
BUYER HAS FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS SELLER’S DISCLOSURE
STATEMENT TO REVOKE BUYER’S OFFER BY DELIVERING BUYER’S SEPARATE SIGNED
WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER’S
DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTER-
ING INTO A SALE AGREEMENT.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED
SPECIALIST TO INSPECT THE PROPERTY ON BUYER’S BEHALF INCLUDING, FOR EXAM-
PLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS,
ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CER-
TIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.
Seller is/ is not occupying the property.
I. SELLER’S REPRESENTATIONS:
The following are representations made by the seller and are not the representations of any finan-
cial institution that may have made or may make a loan pertaining to the property, or that may
have or take a security interest in the property, or any real estate licensee engaged by the seller
or the buyer.
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*If you mark yes on items with *, attach a copy or explain on an attached sheet.
1.TITLE
A.Do you have legal authority to sell the property?[ ]Yes[ ]No[ ]Unknown
*B.Is title to the property subject to any of the
following: [ ]Yes[ ]No[ ]Unknown
(1)First right of refusal
(2)Option
(3)Lease or rental agreement
(4)Other listing
(5)Life estate?
*C.Is the property being transferred an
unlawfully established unit of land? [ ]Yes[ ]No[ ]Unknown
*D.Are there any encroachments, boundary
agreements, boundary disputes or recent
boundary changes? [ ]Yes[ ]No[ ]Unknown
*E.Are there any rights of way, easements,
licenses, access limitations or claims that
may affect your interest in the property? [ ]Yes[ ]No[ ]Unknown
*F.Are there any agreements for joint
maintenance of an easement or right of way? [ ]Yes[ ]No[ ]Unknown
*G.Are there any governmental studies, designations,
zoning overlays, surveys or notices that would
affect the property? [ ]Yes[ ]No[ ]Unknown
*H.Are there any pending or existing governmental
assessments against the property? [ ]Yes[ ]No[ ]Unknown
*I.Are there any zoning violations or
nonconforming uses? [ ]Yes[ ]No[ ]Unknown
*J.Is there a boundary survey for the
property? [ ]Yes[ ]No[ ]Unknown
*K.Are there any covenants, conditions,
restrictions or private assessments that
affect the property? [ ]Yes[ ]No[ ]Unknown
*L.Is the property subject to any special tax
assessment or tax treatment that may result
in levy of additional taxes if the property
is sold? [ ]Yes[ ]No[ ]Unknown
2.WATER
A.Household water
(1)The source of the water is (check ALL that apply):
[ ]Public [ ]Community [ ]Private
[ ]Other
(2)Water source information:
*a.Does the water source require a water permit? [ ]Yes[ ]No[ ]Unknown
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If yes, do you have a permit? [ ]Yes[ ]No
b.Is the water source located on the property? [ ]Yes[ ]No[ ]Unknown
*If not, are there any written agreements for
a shared water source? [ ]Yes[ ]No[ ]Unknown[ ]NA
*c.Is there an easement (recorded or unrecorded)
for your access to or maintenance of the water
source? [ ]Yes[ ]No[ ]Unknown
d.If the source of water is from a well or spring,
have you had any of the following in the past
12 months? [ ]Flow test [ ]Bacteria test,
including E. coli [ ]Chemical contents test,
including arsenic and nitrates [ ]Yes[ ]No[ ]Unknown[ ]NA
*If yes, have you included the results with
this statement and provided the results to the
Department of Environmental Quality (DEQ)? [ ]Yes[ ]No
*e.Are there any water source plumbing problems
or needed repairs? [ ]Yes[ ]No[ ]Unknown
(3)Are there any water treatment systems for
the property? [ ]Yes[ ]No[ ]Unknown
[ ]Leased [ ]Owned
B.Irrigation
(1)Are there any [ ] water rights or [ ] other
irrigation rights for the property? [ ]Yes[ ]No[ ]Unknown
*(2)If any exist, has the irrigation water been
used during the last five-year period? [ ]Yes[ ]No[ ]Unknown[ ]NA
*(3)Is there a water rights certificate or other
written evidence available? [ ]Yes[ ]No[ ]Unknown[ ]NA
C.Outdoor sprinkler system
(1)Is there an outdoor sprinkler system for the
property? [ ]Yes[ ]No[ ]Unknown
(2)Has a back flow valve been installed? [ ]Yes[ ]No[ ]Unknown[ ]NA
(3)Is the outdoor sprinkler system operable? [ ]Yes[ ]No[ ]Unknown[ ]NA
3.SEWAGE SYSTEM
A.Is the property connected to a public or
community sewage system? [ ]Yes[ ]No[ ]Unknown
B.Are there any new public or community sewage
systems proposed for the property? [ ]Yes[ ]No[ ]Unknown
C.Is the property connected to an on-site septic
system? [ ]Yes[ ]No[ ]Unknown
(1)If yes, when was the system installed? [ ]Unknown[ ]NA
(2)*If yes, was the system installed by permit? [ ]Yes[ ]No[ ]Unknown[ ]NA
(3)*Has the system been repaired or altered? [ ]Yes[ ]No[ ]Unknown
(4)*Has the condition of the system been
evaluated and a report issued? [ ]Yes[ ]No[ ]Unknown
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(5)Has the septic tank ever been pumped? [ ]Yes[ ]No[ ]Unknown
If yes, when? [ ]NA
(6)Does the system have a pump? [ ]Yes[ ]No[ ]Unknown
(7)Does the system have a treatment unit such
as a sand filter or an aerobic unit? [ ]Yes[ ]No[ ]Unknown
(8)*Is a service contract for routine
maintenance required for the system? [ ]Yes[ ]No[ ]Unknown
(9)Are all components of the system located on
the property? [ ]Yes[ ]No[ ]Unknown
D.*Are there any sewage system problems or
needed repairs? [ ]Yes[ ]No[ ]Unknown
E.Does your sewage system require on-site
pumping to another level? [ ]Yes[ ]No[ ]Unknown
4.DWELLING INSULATION
A.Is there insulation in the:
(1)Ceiling? [ ]Yes[ ]No[ ]Unknown
(2)Exterior walls? [ ]Yes[ ]No[ ]Unknown
(3)Floors? [ ]Yes[ ]No[ ]Unknown
B.Are there any defective insulated doors or
windows? [ ]Yes[ ]No[ ]Unknown
5.DWELLING STRUCTURE
*A.Has the roof leaked? [ ]Yes[ ]No[ ]Unknown
If yes, has it been repaired? [ ]Yes[ ]No[ ]Unknown[ ]NA
B.Are there any additions, conversions or
remodeling? [ ]Yes[ ]No[ ]Unknown
If yes, was a building permit required? [ ]Yes[ ]No[ ]Unknown[ ]NA
If yes, was a building permit obtained? [ ]Yes[ ]No[ ]Unknown[ ]NA
If yes, was final inspection obtained? [ ]Yes[ ]No[ ]Unknown[ ]NA
C.Are there smoke alarms or detectors? [ ]Yes[ ]No[ ]Unknown
D.Are there carbon monoxide alarms? [ ]Yes[ ]No[ ]Unknown
E.Is there a woodstove or fireplace
insert included in the sale? [ ]Yes[ ]No[ ]Unknown
*If yes, what is the make?
*If yes, was it installed with a permit? [ ]Yes[ ]No[ ]Unknown
*If yes, is a certification label issued by the
United States Environmental Protection
Agency (EPA) or the Department of
Environmental Quality (DEQ) affixed to it? [ ]Yes[ ]No[ ]Unknown
*F.Has pest and dry rot, structural or
“whole house” inspection been done
within the last three years? [ ]Yes[ ]No[ ]Unknown
*G.Are there any moisture problems, areas of water
penetration, mildew odors or other moisture
[6] HB3526
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conditions (especially in the basement)? [ ]Yes[ ]No[ ]Unknown
*If yes, explain on attached sheet the frequency
and extent of problem and any insurance claims,
repairs or remediation done.
H.Is there a sump pump on the property? [ ]Yes[ ]No[ ]Unknown
I.Are there any materials used in the
construction of the structure that are or
have been the subject of a recall, class
action suit, settlement or litigation? [ ]Yes[ ]No[ ]Unknown
If yes, what are the materials?
(1)Are there problems with the materials? [ ]Yes[ ]No[ ]Unknown[ ]NA
(2)Are the materials covered by a warranty? [ ]Yes[ ]No[ ]Unknown[ ]NA
(3)Have the materials been inspected? [ ]Yes[ ]No[ ]Unknown[ ]NA
(4)Have there ever been claims filed for these
materials by you or by previous owners? [ ]Yes[ ]No[ ]Unknown[ ]NA
If yes, when?
(5)Was money received? [ ]Yes[ ]No[ ]Unknown[ ]NA
(6)Were any of the materials repaired or
replaced? [ ]Yes[ ]No[ ]Unknown[ ]NA
6.DWELLING SYSTEMS AND FIXTURES
If the following systems or fixtures are included
in the purchase price, are they in good working
order on the date this form is signed?
A.Electrical system, including wiring, switches,
outlets and service [ ]Yes[ ]No[ ]Unknown
B.Plumbing system, including pipes, faucets,
fixtures and toilets [ ]Yes[ ]No[ ]Unknown
C.Water heater tank [ ]Yes[ ]No[ ]Unknown
D.Garbage disposal [ ]Yes[ ]No[ ]Unknown[ ]NA
E.Built-in range and oven [ ]Yes[ ]No[ ]Unknown[ ]NA
F.Built-in dishwasher [ ]Yes[ ]No[ ]Unknown[ ]NA
G.Sump pump [ ]Yes[ ]No[ ]Unknown[ ]NA
H.Heating and cooling systems [ ]Yes[ ]No[ ]Unknown[ ]NA
I.Security system [ ]Owned [ ]Leased [ ]Yes[ ]No[ ]Unknown[ ]NA
J.Are there any materials or products used in
the systems and fixtures that are or have
been the subject of a recall, class action
suit settlement or litigation? [ ]Yes[ ]No[ ]Unknown
If yes, what product?
(1)Are there problems with the product? [ ]Yes[ ]No[ ]Unknown
(2)Is the product covered by a warranty? [ ]Yes[ ]No[ ]Unknown
(3)Has the product been inspected? [ ]Yes[ ]No[ ]Unknown
(4)Have claims been filed for this product
by you or by previous owners? [ ]Yes[ ]No[ ]Unknown
[7] HB3526
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If yes, when?
(5)Was money received? [ ]Yes[ ]No[ ]Unknown
(6)Were any of the materials or products repaired
or replaced? [ ]Yes[ ]No[ ]Unknown
7.COMMON INTEREST
A.Is there a Home Owners’ Association
or other governing entity? [ ]Yes[ ]No[ ]Unknown
Name of Association or Other Governing
Entity
Contact Person
Address
Phone Number
B.Regular periodic assessments: $
per [ ]Month [ ]Year [ ]Other
*C.Are there any pending or proposed special
assessments? [ ]Yes[ ]No[ ]Unknown
D.Are there shared “common areas” or joint
maintenance agreements for facilities like
walls, fences, pools, tennis courts, walkways
or other areas co-owned in undivided interest
with others? [ ]Yes[ ]No[ ]Unknown
E.Is the Home Owners’ Association or other
governing entity a party to pending litigation
or subject to an unsatisfied judgment? [ ]Yes[ ]No[ ]Unknown[ ]NA
F.Is the property in violation of recorded
covenants, conditions and restrictions or in
violation of other bylaws or governing rules,
whether recorded or not? [ ]Yes[ ]No[ ]Unknown[ ]NA
8.SEISMIC
Was the house constructed before 1974? [ ]Yes[ ]No[ ]Unknown
If yes, has the house been bolted to its
foundation? [ ]Yes[ ]No[ ]Unknown
9.GENERAL
A.Are there problems with settling, soil,
standing water or drainage on the property
or in the immediate area? [ ]Yes[ ]No[ ]Unknown
B.Does the property contain fill? [ ]Yes[ ]No[ ]Unknown
C.Is there any material damage to the property or
any of the structure(s) from fire, wind, floods,
beach movements, earthquake, expansive soils
or landslides? [ ]Yes[ ]No[ ]Unknown
D.Is the property in a designated floodplain? [ ]Yes[ ]No[ ]Unknown
[8] HB3526
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Note: Flood insurance may be required for
homes in a floodplain.
E.Is the property in a designated slide or
other geologic hazard zone? [ ]Yes[ ]No[ ]Unknown
*F.Has any portion of the property been tested
or treated for asbestos, formaldehyde, radon
gas, lead-based paint, mold, fuel or chemical
storage tanks or contaminated soil or water? [ ]Yes[ ]No[ ]Unknown
G.Are there any tanks or underground storage
tanks (e.g., septic, chemical, fuel, etc.)
on the property? [ ]Yes[ ]No[ ]Unknown
H.Has the property ever been used as an illegal
drug manufacturing or distribution site? [ ]Yes[ ]No[ ]Unknown
*If yes, was a Certificate of Fitness issued? [ ]Yes[ ]No[ ]Unknown
*I.Has the property been classified as
wildland-urban interface? [ ]Yes[ ]No[ ]Unknown
10.FULL DISCLOSURE BY SELLERS
*A.Are there any other material defects affecting
this property or its value that a prospective
buyer should know about? [ ]Yes[ ]No
*If yes, describe the defect on attached sheet and
explain the frequency and extent of the problem
and any insurance claims, repairs or remediation.
B.Verification:
The foregoing answers and attached explanations (if any) are complete and correct to
the best of my/our knowledge and I/we have received a copy of this disclosure statement.
I/we authorize my/our agents to deliver a copy of this disclosure statement to all
prospective buyers of the property or their agents.
Seller(s) signature:
SELLER DATE
SELLER DATE
_______________________________________________________________________________________
II. BUYER’S ACKNOWLEDGMENT
A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are
known to me/us or can be known by me/us by utilizing diligent attention and observation.
B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in
any amendments to this statement are made only by the seller and are not the representations of
[9] HB3526
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any financial institution that may have made or may make a loan pertaining to the property, or that
may have or take a security interest in the property, or of any real estate licensee engaged by the
seller or buyer. A financial institution or real estate licensee is not bound by and has no liability
with respect to any representation, misrepresentation, omission, error or inaccuracy contained in
another party’s disclosure statement required by this section or any amendment to the disclosure
statement.
C. Buyer (which term includes all persons signing the “buyer’s acknowledgment” portion of this
disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (in-
cluding attachments, if any) bearing seller’s signature(s).
DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON
THE BASIS OF SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DIS-
CLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER,
HAVE FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS DISCLOSURE STATEMENT TO
REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT
OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER’S DISCLOSURE UNLESS
YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER’S PROPERTY
DISCLOSURE STATEMENT.
BUYER DATE
BUYER DATE
Agent receiving disclosure statement on buyer’s behalf to sign and date:
Real Estate Licensee
Real Estate Firm
Date received by agent
_______________________________________________________________________________________
[10]