Section 696.805 - [Effective 1/1/2025] Real estate licensee as seller's agent; obligations(1) A real estate licensee representing a seller in a transaction is required to act under a written listing agreement with the seller. The listing agreement must: (a) Be entered into before the real estate licensee begins offering the property for sale or making efforts to find or obtain a buyer for the property;(b) State whether the agreement is exclusive or nonexclusive;(c) Describe the legal obligations of a seller's agent, either directly or by referring to the initial agency disclosure pamphlet required by ORS 696.820, if such pamphlet has been provided to the seller; and(d) Contain any other additional requirements prescribed by rule by the Real Estate Commissioner.(2) A real estate licensee may not enter into a listing agreement if the duration of the listing agreement, including any automatic renewals of the listing agreement, exceeds 24 months.(3) The requirements of subsections (1) and (2) of this section do not apply to real estate licensees when engaged in a transaction for property that is improved or available for improvement by commercial structures or five or more residential dwelling units.(4) A real estate licensee who acts under a listing agreement with the seller acts only as the seller's agent in a real estate transaction unless the seller has agreed in writing for the listing agent to be a disclosed limited agent pursuant to ORS 696.815.(5) A seller's agent owes the seller, other principals and the principals' agents involved in a real estate transaction the following affirmative duties: (a) To deal honestly and in good faith;(b) To present all written offers, written notices and other written communications to and from the parties in a timely manner without regard to whether the property is subject to a contract for sale or the buyer is already a party to a contract to purchase; and(c) To disclose material facts known by the seller's agent and not apparent or readily ascertainable to a party.(6) A seller's agent owes the seller involved in a real estate transaction the following affirmative duties:(a) To exercise reasonable care and diligence;(b) To account in a timely manner for money and property received from or on behalf of the seller;(c) To be loyal to the seller by not taking action that is adverse or detrimental to the seller's interest in a transaction;(d) To disclose in a timely manner to the seller any conflict of interest, existing or contemplated;(e) To advise the seller to seek expert advice on matters related to the transaction that are beyond the agent's expertise;(f) To maintain confidential information from or about the seller except under subpoena or court order, even after termination of the agency relationship; and(g) Unless agreed otherwise in writing, to make a continuous, good faith effort to find a buyer for the property, except that a seller's agent is not required to seek additional offers to purchase the property while the property is subject to a contract for sale.(7) A seller's agent may show properties owned by another seller to a prospective buyer and may list competing properties for sale without breaching any affirmative duty to the seller.(8) Except as provided in subsection (6)(g) of this section, an affirmative duty may not be waived.(9) Nothing in this section implies a duty to investigate matters that are outside the scope of the real estate licensee's expertise, including but not limited to investigation of the condition of property, the legal status of the title or the owner's past conformance with law, unless the licensee or the licensee's agent agrees in writing to investigate a matter.(10) In order to help a seller avoid selecting a buyer based on the buyer's race, color, religion, sex, sexual orientation, national origin, marital status or familial status as prohibited by the Fair Housing Act (42 U.S.C. 3601 et seq.), a seller's agent shall reject any communication other than customary documents in a real estate transaction, including photographs, provided by a buyer.Amended by 2024 Ch. 3,§ 16, eff. 1/1/2025.Amended by 2021 Ch. 359, § 1, eff. 1/1/2022.1993 c.570 §3; 2001 c.300 §45; 2003 c. 398, § 11; 2005 c. 393, § 6 This section is set out more than once due to postponed, multiple, or conflicting amendments.