ORS 696.855¹
Common law application to statutory obligations and remedies

(1) ORS 696.301 (Grounds for discipline), 696.392 (Power of commissioner to administer oaths, take depositions and issue subpoenas), 696.600 (Definitions for ORS 696.392, 696.600 to 696.785 and 696.995) to 696.785 (Commissioner duties when illegal commingling of funds found) and 696.995 (Civil penalties for violation of ORS 696.603, 696.606 or 696.612) do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief.

(2) The terms "loyalty," "obedience," "disclosure," "confidentiality," "reasonable care and diligence" and "accounting in dealings" shall be interpreted under the common law of agency.

(3) Common law and statutory remedies are not affected by ORS 696.301 (Grounds for discipline), 696.392 (Power of commissioner to administer oaths, take depositions and issue subpoenas), 696.600 (Definitions for ORS 696.392, 696.600 to 696.785 and 696.995) to 696.785 (Commissioner duties when illegal commingling of funds found) and 696.995 (Civil penalties for violation of ORS 696.603, 696.606 or 696.612). [1993 c.570 §12; 2001 c.300 §49a]

Note: See note under 696.800 (Definitions).

Chapter 696

Atty. Gen. Opinions

Sales of subdivision lots by mobile home salespeople, (1975) Vol 37, p 865; sales or offers of interests in limited partnerships to invest in real estate, (1978) Vol 38, p 1971

1 Legislative Counsel Committee, CHAPTER 696—Real Estate and Escrow Activities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­696.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 696, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­696ano.­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.
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