In Oregon, as is now the case in many other states, the duties a real estate licensee owes buyers or sellers are set out in statute. For the most part these “plain language” statutory duties parallel the common law fiduciary duties. Like most but certainly not all states, Oregon real estate law assumes the relationship between real estate licensees and their clients will be an agency relationship. Thus, statutory law now controls both whether there is an agency relationship and the duties owed in that relationship.
ORS 696.800 through ORS 696.880 are the Oregon license laws provision that deal with agency. ORS 696.810 concerns itself with buyer agency. ORS 696.815 covers representation of both the buyer and the seller. Seller representation under ORS 696.805 is mandatory for any agent acting under a listing agreement. Representation of buyers, or representation of both in the same transaction, is permissive.
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