Oregon Administrative Rule 863-015-0200 Agency Relationships.

OAR 863-015-0200 defines and fleshes out by administrative rule the types of agency relationships allowed by statute. The rule makes it clear that an agency relationship can be created by agreement or conduct. Disclosed limited agency and designated agency relationships are defined in the rule more closely than in ORS 696.815, but no new obligations are imposed. The rule is strictly definitional as far as agency relationships are concerned. The rule also contains the full text of the Final Agency Disclosure form required by statute. Agency disclosure requirements are discussed in detail in the Agency Disclosure section of this topic.

Oregon Administrative Rule 863-015-0205 Disclosed Limited Agency.

OAR 863-015-0205 is the administrative rule that controls disclosed limited agency relationships. Under the statute, such relationships can be established only by written agreement. Disclosed limited agency agreements must meet all of the requirements of OAR 863-015-210.

OAR 863-015-0205 allows for designated agency and even, under subsection (5), for true single agency relationships within the same company. The key to designated agency and in-company single agency is the control of confidential information. OAR 863-015-205(4) demands that principal brokers have “established procedures to assure that a licensee who represents one client will not have access to and will not obtain confidential information concerning another client involved in the same transaction.” For in-company single agency to work, the principal broker must also have divided supervision and control agreements in place so there is no overlapping supervision of both the listing and selling licensees.

Oregon Administrative Rule 863-015-0210 Disclosed Limited Agency Agreement.

OAR 863-015-210 contains the administrative rule requirements for disclosed limited agency agreements. The required contents of such agreements are contained in the first two subsections of the rule. Subsection (3) of the rule sets out a statutorily sufficient form for disclosed limited agency agreements. The form is not “required” by the rule, but the rule does make it clear that use of the statutory form is evidence of having complied with the requirements of the rule. Not surprisingly, the statutory form is universally used in Oregon real estate. Click Here for a detailed discussion of Disclosed Limited Agency.

Oregon Administrative Rule 863-015-0215 Initial Agency Disclosure Pamphlet.

OAR 863-015-0215 is the administrative rule that sets out the requirements for the statutorily required Initial Agency Disclosure Pamphlet. Agency disclosure is peculiar to real estate and its form and substance is controlled by the Real Estate Agency. Agency disclosure is discussed in detail in the Agency Disclosure section of this topic. Click Here for a copy of the Initial Agency Disclosure Pamphlet.

Oregon Administrative Rule 863-015-0220 Written Company Policy.

OAR 863-015-0220 is the last of the administrative rules dealing with agency relationships. Under the rule, “each real estate business shall develop and maintain a written company policy that sets forth the types of relationships real estate licensees associated with the business may establish” It is in these policies that the principal broker must detail what agency relationships the broker’s agents will be allowed to form and how the broker will comply with the agency relationships set forth in OAR 863-015-0200. Chief among the required policies are those that will ensure protection of confidential information. Agents should be aware of the policies adopted by their company under these rules because the policies can affect the kinds of agency relationships the agent is allowed to form.