2007 ORS 453.870¹
Transfer allowed after full disclosure

(1) Any property that is not fit for use as determined under ORS 453.876 (Determination that property is not fit for use) may be transferred or sold if full, written disclosure, as required by rules of the Department of Human Services, is made to the prospective purchaser, attached to the earnest money receipt, if any, and shall accompany but not be a part of the sale document nor be recorded. However, such property shall continue to be subject to the provisions of ORS 453.876 (Determination that property is not fit for use), regardless of transfer or sale under this section.

(2) Any transferee or purchaser who does not receive the notice described in subsection (1) of this section may set aside the transfer or sale as voidable and bring suit to recover damages for any losses incurred because of the failure to give such notice.

(3) The transferor or seller of any property described in subsection (1) of this section shall notify the department of the transfer or sale as required by rule of the department. [1989 c.915 §5]

Law Review Cita­tions

27 WLR 325 (1991)

1 Legislative Counsel Committee, CHAPTER 453—Hazardous Substances; Radiation Sources, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­453.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 453, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­453ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.