Rogue River Real Estate!

Know the Law! Oregon is not Buyer Friendly. The principles of CAVEAT EMPTOR (buyer beware) still apply in Oregon when the purchase of a pre-owned residence is involved.

When a buyer who finds after a sale that the home he purchased has a material defect, neither the seller nor seller's agents will be responsible unless the buyer can prove all the following:

- There was a material defect which adversely affects health or safety;
- The seller or the seller's agent knew of the defect before the sale;
- The defect was such that it could not be discovered by due diligence; and
- The house was not bought "as is."

A buyer's agent who knows of material defects is in a very different position. Agents of the buyer have a responsibility under the law of agency to tell the buyer everything known about a transaction. Caveat emptor does not apply, and offers no protection to agents of the buyer. If you have a written buyer's agent agreement with a licensee, your agent is obligated to check all statements made by the seller and seller's agent.

Caveat Emptor is one very good reason to employ a buyer's agent who is 100% on your side 100% of the time.

The principles of caveat emptor do not allow a seller or the seller's agents to engage in fraud, or deceit, or to make misrepresentations about the condition of property. The law is clear that when a buyer asks a question about a specific property condition, the answers must be truthful and complete. Likewise, a seller or seller's agents can be liable for fraud if they knowingly take action to conceal a material fact with intent to deceive or mislead the buyer. Misrepresentations and fraudulent action are very different from simply remaining silent about matters, has no duty to disclose.

Ask for a completed Property Condition Disclosure statement where the seller discloses the known condition of the property by answering specific questions about the property and keep your eyes open! A proper home inspection is valuable. GET ONE!! If you follow my link on the left "Home Inspections" it will bring you to a detailed site on home problems and home inspections.

Attic	Look for signs of roof leaks, check type and amount of insulation.
Bathrooms	Look for cracks in tiles, signs of leaks, how long it takes to get hot water and proper ventilation.
Bedrooms	Are they large enough for your family? Does each have a window?
Brickwork	Check for cracks and loose or missing mortar.
Chimney	Check for tilting, loose or missing bricks.
Cooling	Check the type of system, its age and condition, the unit's warranty and the utility bills from last year.
Doors	Do they close without binding? Are the locks adequate and in good condition?
Driveway	Look for holes and cracks that might be a safety hazard.
Electrical	Check the service box for circuit breakers or fuses, determine the system's age and look for exposed wires and signs of wear.
Entrance	Check the condition of the steps, handrails and posts for loose or unsafe conditions.
Fireplace	Check the operation of the damper and ask when it was last cleaned.
Floors	Look for uneven areas and squeaks or movement when you walk on them.
Foundation	Look for holes or cracks and unevenness.
Grounds	Locate property lines, check condition of trees, shrubbery and grass.
Gutters	Check for missing sections, gaps or holes and signs of leaks.
Heating	Check out the type of system and date of last service. Ask for copies of bills for last year.
Hot water	Look for signs of leaking or rusting. Ask the age of the heater and the capacity or recovery rate.
Kitchen	Is there enough room?...cabinets, shelves and counter space. Are there any leaks under the sink? Which appliances come with the house?
Living and Dining Room	Are they large enough and do they suit your family's lifestyle?
Paint	Check for chipping, peeling and blistering.
Roof	Look for signs of wear, ask its age and if it's under warranty and if so ask who.
Siding	Look for loose or missing pieces, lifting and warping.
Stairs	Look for loose treads or handrails and squeaking or movement when you walk on them.
Storage space	Are there enough closets in the house? Is there other adequate inside and outside storage?
Walls and Fences	Look for holes, loose or missing sections and rotted boards.
Windows	Look for cracked or broken glass, cloudy spots, broken sash cords, loose frames and locks.

Ask about termite inspections, well and septic inspections or any other inspections you may feel necessary. Find out about any warranties that may be available on the roof, appliances, hot water heater, furnace and air conditioning equipment.

On new homes, ask about builder's new home warranties and any state laws that may apply to new construction.

Always have a home inspection done by a qualified home inspector!



If you are planning to buy a farm or a ranch, be sure to check out this blog "Your Land your Rights." It will explain what landownership entails.