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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oregon on
Q: My elderly grandparents have been convinced by family friends to give them their estate. What can I do?

My Grandparents are kind people and have housed a family friend for the past several years. She has convinced them that when they die she should get their house and the estate for nothing. She has evidently written up a contract that no one else in the family is allowed to see. The impression we... View More

Theressa Hollis
Theressa Hollis
answered on Jan 31, 2022

If you believe that your grandparents are being taken advantage of I recommend you contact Adult Protective Services in the county in which they live.

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can a person sell or donate their share of an undivided property without the consent of the other owners?

In the State of Oregon

Katherine Goodman
Katherine Goodman
answered on Jan 11, 2022

Without knowing more facts about the property, what your share of the property, and the terms of the agreement that you and the other owners entered into, it is unlikely. If you not have had a real estate attorney review the contract, agreement, you have with the other owners you should do so... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Is an "Agreement to Occupy after Closing" void if insurance requirement is not met by seller?

We are purchasing a home in Oregon. Seller wishes to remain in possession for 7 days after closing. Both parties have signed an Oregon standard "Agreement to Occupy after Closing " addendum, which requires that the seller provide renter's insurance naming the buyer as an... View More

Katherine Goodman
Katherine Goodman
answered on Jan 7, 2022

You should contact a real estate attorney to have them review the document that was signed as there could be additional facts or language of the document which could affect the analysis of your question.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do I have to pay back relocation fees in Oregon if I don't move on time?

My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 30, 2021

In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is my landlord allowed to tell me when I can and can't leave my place of rent? And can he have cams on outside of house?

I rent a bedroom in his 2 br house. He lives in the basement. He's constantly coming upstairs to make himself food or to let his friends crash on the couch in my livingroom. Now he's trying to tell me when im allowed to leave and when I can't. Hes been difficult with me all suddenly... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 19, 2021

It depends a bit upon exactly what you rent. IF you do indeed just rent a bedroom and have rights to use the rest of the common areas (kitchen, living room, etc.), then he has as much right as you to have friends stay on the couch (you can have your friends stay as well - and see how he feels... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Oregon on
Q: A new neighbor hired a surveyor. Now my decade old fence put up by a previous owner, is 5 ft over the new boundary?

The title of the property was free and clear when it was bought. Negotiating with this neighbor doesn't seem to be an option.

Anthony M. Avery
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answered on Oct 29, 2021

You will have to hire a competent OR attorney who engages in real property litigation. Your argument is that the boundary has long been acquiesced by all adjoining landowners for a long time. The suit will be a boundary dispute, which is basically a declaratory judgment action. You will need... View More

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Oregon on
Q: My boyfriend and I own a home. I put up the money for it. We are splitting. Do I have any rights to the money or home

I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 6, 2021

When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”

You...
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1 Answer | Asked in Real Estate Law and Divorce for Oregon on
Q: Can my ex-wife move back into our house her name is on the mortgage but not the title and I recently got married again?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 4, 2021

Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Our landlord was told he was not allowed to contact us during the selling of the property we are living is this true

He was told this by the relastate company representative handling the property.

Gregory L Abbott
Gregory L Abbott
answered on Sep 27, 2021

The realtor works for the landlord so they can't tell him anything. Unless the tenant has had a court issue a restraining order against the landlord for some reason, the landlord and tenant are free to communicate however and whenever they wish. If the owner/landlord has hired a property... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If a rental property does not meet habitability standards at move-in can I legally terminate the lease?
Gregory L Abbott
Gregory L Abbott
answered on Aug 30, 2021

It likely depends upon the extent of the habitability violations. Dripping faucet? Crack in outer window pane? No, your on a lease. Holes in the floor, walls, and ceilings? You probably could get out of the lease. Either way, your main remedy is to force the landlord to repair and comply.

1 Answer | Asked in Consumer Law and Real Estate Law for Oregon on
Q: Do I need to sign a new lease if they messed up on the original?

I received a notice that my rent was going to be increased on April 30th. I signed a new lease for an entire year. The amount that is stated on the lease is $1,378. Since April they have been billing me $1,462. I called and left them a voicemail yesterday letting them know that they're billing... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 12, 2021

If you have a valid fixed term lease, they are stuck and cannot raise your tent until it expires unless there is an unusual clause in your lease allowing for it or unless you voluntarily agree to modify or replace the lease - and why would you?

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the best way to transfer a secondary residence from an aging father to their children?

We were looking to do a deed transfer, but I had questions of triggering a capital gains tax, or gift tax. I was advised the recipient will inherit the gift giver's tax basis, thus losing the step up in basis at death that would otherwise have occurred, thus creating in most cases a capital... View More

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 25, 2021

Example: father purchased the property for $50,000 in the 80s. His orignial "tax basis" is $50,000. So that if he sells it for $50,001 he has a gain of $1. Now its 2021 and It is now worth $200,000. The built in gain is $150,000.

If he holds onto the property, either as a...
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1 Answer | Asked in Estate Planning, Real Estate Law and Energy, Oil and Gas for Oregon on
Q: Could I Sue my family for not turning over my mother's land and mineral to her children that she inherited after she die

My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... View More

Theressa Hollis
Theressa Hollis
answered on Jul 7, 2021

It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.

1 Answer | Asked in Real Estate Law for Oregon on
Q: Do all owners need to sign a quitclaim, or just those leaving the claim?

I own a property with my dad and ex-wife. My dad and ex-wife both want to exit ownership through a quitclaim. Can they file quitclaims for themselves or do we all need to sign off on each one?

Anthony M. Avery
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answered on Jun 25, 2021

You have not stated the exact Estate that each of you own presently. But most likely one quit claim deed from your Father and ex wife as grantors will place the Fee Simply Title in you. Hire a competent OR attorney to handle this properly.

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Oregon on
Q: We were never asked to buy the property we have been renting for almost 2 years ...

We got a 90 day notice to leave because they sold the property . But no papers were added showing proof of it being sold ...I lease ended in march ..they never renewed it but we have till this day payed rent every month...what should we do...there is nothing open for rent here

Gregory L Abbott
Gregory L Abbott
answered on Jun 19, 2021

Much depends upon the exact details - what the 90 day notice said; what, if any, other papers were served; what, if anything, was said about relocation assistance; etc. You are correct that the seller/landlord is obligated to show you a copy of the offer that he accepted, along with a declaration... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is a 'Move in fee' allowed in Oregon?

Per ORS 90.295-302, I cannot find anything that outlines this fee as allowable. I moved in to the home in 2011 and moved out last month. My lease outlined a non refundable move in fee that was paid upon move in. This was obviously not refunded to me last month when I moved out. Is this fee allowed?

Gregory L Abbott
Gregory L Abbott
answered on May 27, 2021

One would need to check what law was in effect in 2011 to see if such a fee was lawful then. Even if it was not, there is a one year statute of limitations on landlord-tenant matters BUT depending upon the exact wording in the lease, you may be entitled to treat it like a deposit instead, which... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Oregon on
Q: lease renewal letter to accept by end of month then rescinded before that..put on month to month. Eviction coming?

My boyfriend was given a lease renewal letter and told he had til the end end of this month to sign it. Today he received a letter saying that that has been rescinded and it is now going to be month to month. Out of 3 units he was the only one put on month to month and when he asked the landlord he... View More

Gregory L Abbott
Gregory L Abbott
answered on May 17, 2021

Had he signed and accepted the offer prior to the rescission, there is likely nothing the landlord could have done. But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month. But that is not the end of the world - to... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Bought a house seller won't leave

We just bought a house. We gave the seller an extra 25 days to find a new place. We are now days away from our possession date and she told us that she has not found a new place yet so she won't be out in time. We did not hold any money in escrow. We have to be out of our current home. What... View More

Samuel J Pope
Samuel J Pope
answered on May 9, 2021

Unfortunately, you have no leverage, because there is not any money in escrow. You should probably speak to a lawyer and move forward with eviction or whatever that lawyer suggests.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Seller of a rented home wants the buyer to take over as tenant 30 days after closing. What can new owners do to renters?

Seller says a 90 day notice to vacate will be given once the house closes. I don't think the renters are paying rent but I am not sure. Is there anyway to get them to vacate by offering money to leave the rental once we take ownership without having to go through an eviction? How long could we... View More

Gregory L Abbott
Gregory L Abbott
answered on May 3, 2021

Sure - anything (more or less) that you and the tenants can agree to is likely to work - bribery has long proven an effective way to accomplish some goals. BUT if you are the buyer, with all due respect, you are crazy if you don't make the seller getting the tenants out (instead of you) as a... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I received a 90 day notice - LL wants to sell - via text. I'm current on rent & lease ends in Nov. Can they do this?

I am worried about finding a new rental in this current market within 90 days. Does the notice have to be mailed or hand delivered? Also, is wanting to sell a justified reason for an early termination within the pandemic? Would they have to pay any moving costs or penalties? Any advice would... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 23, 2021

Much depends upon where your dwelling is located and how long you have resided there. That said, email or text is never a lawful means of serving a tenant a termination of tenancy notice and is most likely unenforceable. I interpret your posting to mean that you have a fixed term lease through... View More

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