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06/21/2024

Seller Property Disclosure Statement (SPDS)

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The Seller Property Disclosure Statement (SPDS) must be delivered to the Buyer under Oregon law. If a Buyer indicates that they are not using the property as a residence for Buyer or Buyer’s family, Seller does not need to provide a SPDS.  Otherwise, ORS 105.465 requires the SPDS for a few types of properties. Even if the property is the right kind, Sellers can still be exempt. Check ORS 105.470 to see if it applies to your Seller. One exclusion states the Seller doesn’t need to give the SPDS if “Seller is a court appointed: Receiver, Personal Representative, Trustee, Conservator, or Guardian” 

Courts will appoint trustees on occasion if a professional trustee is required, but most trustees are not court appointed. If a Seller is a trustee and was appointed by the grantor of the trust (not by the court), that trustee will still need to fill out the SPDS, even if their answer on most questions will be “unknown.”