2007 ORS 87.091¹
Form for waiver of application of provisions of ORS 87.007

(1) A written waiver described in ORS 87.007 (Protection of purchasers of residential property from construction liens that may be perfected after sale of property completed) (2) and signed by the purchaser of residential real property shall include the information described in subsection (2) of this section. The waiver shall be printed as a separate document and in at least 12-point boldfaced type.

(2) The waiver described in subsection (1) of this section shall include, but not be limited to, the following information and shall be in substantially the following form:

______________________________________________________________________________

WAIVER OF PROTECTIONS

FROM SUBCONTRACTORS’ LIENS.

WARNING: READ THIS NOTICE.

PROTECT YOURSELF FROM

PAYING ANY CONTRACTOR

OR SUPPLIER TWICE

FOR THE SAME SERVICE.

This is to inform you that if you are purchasing residential real property within 75 days after completion of construction, the property you are purchasing may be subject to construction liens that are not yet recorded on the date of sale. The property is located at ________.

Under Oregon law, those who work on your property or provide materials, equipment, labor or services and are not paid have a right to enforce their claim for payment against the property. This claim is known as a construction lien.

If a contractor fails to pay subcontractors, material suppliers, rental equipment suppliers, laborers or service providers or neglects to make other legally required payments, any person who is owed money can look to the property for payment, even if the contractor has been paid in full.

OREGON LAW PROVIDES

THE FOLLOWING PROTECTIONS:

Under Oregon Law, the seller of residential real property is required to take one of the following actions to protect you from construction liens that are not yet recorded on the date of sale:

- PURCHASE or PROVIDE title insurance to help cover any construction liens that are recorded after you complete the purchase of the residential real property.

- RETAIN money in escrow until the status of all construction liens is resolved after the purchase of the residential real property is complete.

- MAINTAIN a bond or letter of credit until the status of all construction liens is resolved after the purchase of the residential real property is complete.

- GET waivers from every person claiming a right to a lien against the property in an aggregate amount of $5,000 or more.

- WAIT to close the purchase of the residential real property until 75 days after the completion of construction.

WAIVER OF RIGHTS

Under Oregon law, you may waive the requirements that apply to the seller of the residential real property. By signing this document, you agree to waive these protections and accept the risk that the property you are purchasing may be subject to a lien that is recorded after the date of sale. By waiving your rights, you may become liable for payment of the lien even if the contractor has been paid in full. Before signing this waiver, you may wish to consult an attorney.

______________________________________________________________________________

I have read this statement and understand the risks it describes. I hereby choose to assume those risks and waive the protections provided under ORS 87.007 (Protection of purchasers of residential property from construction liens that may be perfected after sale of property completed) by signing this form.

_______________

(Signature of purchaser)

____________, 2_____

______________________________________________________________________________

[2003 c.778 §9]

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.