Real Estate Law in Oregon

What Is Real Estate Law?

Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home. 

Whether or not you are a property owner or tenant, you have rights under Oregon real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.

Types of Real Estate Law Disputes

Disputes involving real estate in Oregon are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party.  Learn more about the different types of real estate disputes below.

Escrow Deposit 

If you decide to purchase any Oregon property, there are certain steps anyone who is involved must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.

Easement Real Estate Dispute

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Oregon property deeds.

For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.

Landlord/Tenant

Disputes often arise when Oregon landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.

Under Oregon’s Residential Landlord and Tenant Act, there is no maximum amount a landlord can charge for a security deposit. As well, a landlord does not have to pay the interest earned on the security deposit. However, a landlord cannot charge a tenant a pet security deposit for keeping a service animal. This rule applies if the tenant requires the service animal because of a disability.

Contract Breaches

No Oregon real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Oregon without a valid mutually beneficial contract.

Fraud/Omissions

Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with Oregon real estate lawyers to straighten things out.

Under Oregon law, a person cannot employ any scheme or artifice to defraud in connection with the offer, sale, or lease of any real estate subdivision. In addition, you cannot publish any advertising matter that contains misleading statements. For instance, implying any real estate subdivision has been approved by the Real Estate Commissioner. The Real Estate Commissioner has the authority to impose a civil penalty up to $1,000 per violation.

Boundary Lines

Property line disagreements usually occur when adjoining Oregon property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Oregon property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.

Ownership

Determining the rightful owner of a property in Oregon is not always easy. For instance ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders. 

Liens

Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before you can secure a mortgage or financing.

Oregon law dictates that a judgment lien can be attached to a debtor’s property for 10 years. If the creditor files a renewal prior to the expiration of the initial 10-year term, the lien can be renewed for another 10 years.

What Should You Do If You Are in a Real Estate Dispute in Oregon?

If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, it’s best to speak with an experienced Oregon real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.

Learn About Real Estate Law

Oregon real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.

Work With an Experienced Real Estate Attorney in Oregon

Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with Oregon lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.

Get the legal help you need now. We help Oregon landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Oregon state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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