2015 ORS 92.465¹
Fraud and deceit prohibited

No person shall, in connection with the offer, sale or lease of any lot, parcel or interest in a real estate subdivision or series partition, directly or indirectly:

(1) Employ any device, scheme or artifice to defraud;

(2) Make any untrue statement of a material fact or fail to state a material fact necessary to make the statement made, in the light of the circumstances under which it is made, not misleading;

(3) Engage in any act, practice or course of business which operates or would operate as a fraud or deception upon any person;

(4) Issue, circulate or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet or other literature which contains an untrue statement of a material fact or fails to state a material fact necessary in order to make the statements therein made, in the light of the circumstances under which they are made, not misleading;

(5) Issue, circulate or publish any advertising matter or make any written representation, unless the name of the person issuing, circulating or publishing the matter or making the representation is clearly indicated; or

(6) Make any statement or representation, or issue, circulate or publish any advertising matter containing any statement to the effect that the real estate subdivision or series partition has been in any way approved or indorsed by the Real Estate Commissioner. [1974 c.1 §15; 1975 c.643 §11; 1983 c.570 §25]

Notes of Decisions

Parcel of land is subject to this law even though intersected by road. State v. Emmich, 34 Or App 945, 580 P2d 570 (1978)

Imposi­tion of greater sen­tence for viola­tion of Subdivision Control Law than those imposed for viola­tions of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.090 (Approval of subdivision plat names) and 92.100 (Approval of plat by city or county surveyor) to 92.160 (Notice to Real Estate Commissioner of receipt of subdivision plat) did not violate equal protec­tion. State v. Baker, 48 Or App 999, 618 P2d 997 (1980)

Seller of real prop­erty could not seek to void transac­tion as it was not within class of per­sons these pro­vi­sions seek to protect. Seal v. Polehn, 52 Or App 389, 628 P2d 746 (1981), Sup Ct review denied

Law Review Cita­tions

16 WLR 293 (1979)

Chapter 92

Atty. Gen. Opinions

Standards county may impose for approval of private roads created in parti­tioning land, (1972) Vol 35, p 1230; effect of county zoning ordinances on approved subdivision plat, (1973) Vol 36, p 702; applica­tion of Fasano v. Bd. of County Commrs., decision, (1974) Vol 36, p 960

Law Review Cita­tions

10 WLJ 394-403 (1974)


1 Legislative Counsel Committee, CHAPTER 92—Subdivisions and Partitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors092.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 92, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano092.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.