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Oregon Subdivision and Series Partition Control Law
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Regulates the marketing in Oregon of subdivided or series partitioned property located in or outside of Oregon. It is administered by the Real Estate Agency. It requires the Agency be provided with information and then issue a certificate of exemption or a public report before the property can be sold
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How are sudvided lands defined by law in Oregon?
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Improved or unimproved land divided or created into interests, or sold under an agreement to be subsequently divided or created into interests for the purpose of sale or lease, whether in the immediate or in the future, into 11 or more undivided interests, or four or more other interests
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What does the Oregon Subdivision and Series Partition Control Law not apply to?
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Land Conservation and Development Commission (LCDC)
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Administers statewide land use planning in Oregon. Evaluates and acknowledges local comprehensive plans to ensure compliance with statewide land use planning goals and guidelines. Goals of LCDC include:
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Full-service subdivision
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Has water, power, sewer, roads, and other improvements completed or has adequate bonding arranged to complete any unfinished improvements prior to sale
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Certificate of exemption
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A subdivider may request a certificate of exemption prior to beginning sales. Must be accepted, approved, adn recorded, and a full service subdivision.
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Public report
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Any property subject to the law and not eligible for a certificate of exemption cannot be sold until the Agency issues a public report. It contains information regarding:
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Notice of Intention
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Must filed with the Agency to obtain a public report. It will provide certain basic information such as the filer's name, and business and residence addresses and the names and bsiness addresses of all real estate licensees and all other persons selling or leasng interests in the subdivision or partition. Submission must also include
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Land sales contract
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Buyer moves in and makes payments over time. Title transfered when the debt is paid off
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Is a collection escrow required for land sales contracts?
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Yes
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Right to rescind
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In any transaction subject to the law, the purchaser must at the time of signing the first sales contract be given notice of a right to rescind the purchase agreement within three business days from the date of signing. He need not give any reason, and the seller cannot have him waive his right of rescission
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Notice of cancellation
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Must be written and should be sent to the address of the sellor or his agent. If sent by certified mail with a return receipt requiested, it will be effective the date it is properly mailed. Upon receipt of the notice, the seller must immediately return the purchaser's money, after the check clears the bank
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When does a purchaser have no right to recsind?
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Disclosure statement (OR condominiums)
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Contains material information regarding the condominium that will have to be provided to every unit purchaser. In most cases a developer or agent of a developer may enter into a unit sales agreement only after a disclosure statement has been issued for the condominium and he must give the prospective purchaser a copy no later than the date the unit sales agreement is fully executed. A disclosure statement may be used for advertising purposes if it is used in its entirety an no portion is underscored highlighted itaicized, etc.
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In addition to the disclosure statement, what documents must a developer give to a prospective purchaser before a unit sales agreement is fully executed?
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The condominium declaration and bylaws, and any supplements and ammendments affecting the unit
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