2017 ORS 696.890¹
Duties of real estate property managers

(1) As used in this section:

(a) “Management of rental real estate” has the meaning given that term in ORS 696.010 (Definitions).

(b) “Property management agreement” has the meaning given that term in ORS 696.010 (Definitions).

(c) “Real estate property manager” has the meaning given that term in ORS 696.010 (Definitions).

(2) A real estate property manager who represents a property owner, for compensation, in the management of rental real estate is the property owner’s agent.

(3) A real estate property manager may engage in the management of rental real estate for an owner of rental real estate only pursuant to a property management agreement.

(4) A real estate property manager owes the property owner the following affirmative duties:

(a) To deal honestly and in good faith;

(b) To disclose material facts known by the property manager and not apparent or readily ascertainable to the owner;

(c) To exercise reasonable care and diligence;

(d) To account in a timely manner for all funds received from or on behalf of the owner;

(e) To act in a fiduciary manner in all matters relating to trust funds;

(f) To be loyal to the owner by not taking action that is adverse or detrimental to the owner’s interest;

(g) To disclose in a timely manner to the owner any existing or contemplated conflict of interest;

(h) To advise the owner to seek expert advice on matters that are beyond the property manager’s expertise; and

(i) To maintain as confidential all information from or about the owner, except under subpoena or court order, even after the agency relationship ends.

(5) The affirmative duties listed in subsection (4) of this section may not be waived.

(6) Nothing in this section implies a duty beyond or in addition to those activities that are reasonably within the scope of the management of rental real estate. [2011 c.158 §1; 2013 c.145 §2]

Note: 696.890 (Duties of real estate property managers) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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/­ors696.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 696, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano696.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.