Introduction. Armageddon? End Times? The Four Horsemen of the Apocalypse? Lately, it appears that Mother Nature has been working overtime, what with floods, earthquakes, landslides, and other assorted natural disasters around the world. What’s a home buyer to do?! And what about their real estate broker? How well Realtors® respond to their buyers’ concerns about these issues speaks volumes about how well they balance their clients’ need for information versus their own risk management responsibilities. With that backdrop, let’s explore the issue of real estate brokers’ disclosure duties concerning potential natural hazards.
What Does Oregon Law Say? Generally, the laws in Oregon are more favorable to brokers than those of our neighbor to the south. In California, they are generally held to a higher standard; specifically, being unaware of a particular hazard may not be sufficient to avoid liability. California law holds brokers to a test different than Oregon. In California the question is “Should the broker have known of the risk?”
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