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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Elder Law, Real Estate Law, Construction Law and Lemon Law for Oregon on
Q: I purchased a 1971 mobile home in October 2019 October. I started having major problems right away

Roof leaking . Kitchen cabinets falling in. Bathroom plumbing backed up. Kitchen sink leaking which took 5 times to fix. Ceiling leaks in bedroom, bathroom, and smaller bedroom, and around the front door. I was told the house was worked on by professionals, yet when I tried to get information... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 27, 2020

I recommend you contact the Oregon Dept. of Justice's Consumer Protection hotline at 503-378-4320 or toll-free in Oregon at 877-877-9392.

As you've learned, inspections should always be done before purchasing.

Because you are low income Legal Aid Services of Oregon may be...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I am purchasing home from landlord and signed a contract, but turns out someone else is on title who did not sign-off.

A few months ago my landlord gave me a 90 day notice via email (despite moratorium against no-cause evictions) because they wanted to put house on market. I then entered a contract to purchase the house, and only they signed. It turns-out another person is on the title. I have had some problems... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 16, 2020

No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I just bought a home occupied by tenants who have a verbal lease, and haven't paid rent in months what rights do I have?

My husband and I bought a property that includes a home, a large shop, a pivot, and 47 acres. The prior owner and leaser have no written contract, is currently late on payments. The home in question however, is occupied by the leaser's employee. The leaser tried to file bankruptcy to try to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 26, 2020

You need to fully review everything with a local landlord-tenant attorney. You are extremely limited in what you can do. You SHOULD have made getting rid of the tenant a condition of closing the sale. If you are intending to use the dwelling as your primary residence, the seller would have had... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: Uncontested divorce, ex is buying out of house: appraisal vs fair-market-value?

I live in OR, and I'm going through my first divorce - short-lived marriage, no dependents, etc.

It's been uncontested so far so most of the assets and finances have been simple, and already divided.

We bought a house about a year before the marriage (~1 year married).... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 18, 2020

The fair market value of the residence is what a willing buyer would pay to a willing seller in an arm's length transaction. The appraised value is an appraiser's expert opinion of the fair market value of the residence. The expert's opinion is only an opinion of fair market value.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Trailer/TV park I live in got new owners 3 days ago, today laundry/showers have been closed plus rent increase125. Orego

All tenants month to month from prior owners, but have recieved no prior notice of changes or rental agreements from new owners.

Gregory L Abbott
Gregory L Abbott answered on Sep 3, 2020

You don't say WHY the showers were closed or if it is intended to be permanent. Whether the rent increase is lawful likely depends upon whether it is a less than 10% increase in the last 12 months and if the notice contained the required information, provided at least 90 days (94 days,... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: about selling our house

so this house we are at theirs george and mark and mark has said many times that he wants to sell the house but he has gone to a mental health court so george thinks that because of that he cant legally sell the house because hes not mentally capable of making his own decisions but legally he hasnt... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 26, 2020

You might start the process by filing an action for Partition, assuming you are one of the owners. The Court may or may not appoint a Guardian for the disabled owner.

2 Answers | Asked in Criminal Law, Real Estate Law, Elder Law and White Collar Crime for Oregon on
Q: How do I sue my mother in law for my father's property?

She waited for him to be incapacitated by dementia to have him sign my two sister's and I out of his will.

My father told us girls that we would get his property when he passed away.

She had strangers sign saying he was of sound mind, and that he was writing us out of the will.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

As Heirs and Next Of Kin, you and the Sisters have standing to file a Will Contest. Hopefully you have not waited too long as assets can be dissipated quickly. Get your Witnesses together, along with medical records, to prove Dementia. Hire a competent attorney.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: After filing chapter 7 in December of 2009, is there a statute of limitations on a 2nd that wasn't dismissed?

Didn't know about this loan until we tried to refi....thanks

Timothy Denison
Timothy Denison answered on Aug 1, 2020

No. You can reopen and add the second as long as it was incurred prepetition.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If a tenant gets served a 60 days to vacate, do they still pay rent for that 60 days.
Gregory L Abbott
Gregory L Abbott answered on Jul 27, 2020

Yes, a tenant owes rent for everyday they are in possession of the premises.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

Gregory L Abbott
Gregory L Abbott answered on Jul 9, 2020

No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: I am getting a divorce. The house belongs to her but is being transferred to me. How does this work?

If the home and all assets on it are going to me, but the loan is in her name, how does this work? Do I need to "purchase" it (even though the assets being put into the house are mine and already built into the house?) Or would it considered a refinance under another name? To confuse... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

This question goes across several aspects of law, as you noted when you classified it, Divorce, Real estate and Financing. You REALLY need to contact a local attorney (suggest Family Law/Divorce) to discuss what documents need to be drawn up and whether the bank needs to be made a party to the... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: How do i get property in my name with the title owner deceased
Vincent Gallo
Vincent Gallo answered on Jun 14, 2020

You would need to prove your entitlement to the real estate.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I received my lease renewal offer / notice, I live in Oregon. It only includes the amount of rent and states that the

utilities will go to a "ratio Utility Billing System" so the notice shows no charge amount for the water/sewage/garbage. Is this legal? I don't know what my cost would be

Gregory L Abbott
Gregory L Abbott answered on Jun 8, 2020

It is legal for a landlord to bill back their tenants for utilities that the landlord pays in a lump sum, such as water, sewer, and trash in many/most apartment complexes. BUT there are a slew of regulations that the landlord must comply with in doing so, including providing the information in a... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: I own property as joint tenants in common. There are 3 owners. One of the owners has a federal tax liens on the property

We are going to sell the property, the partners share of the proceeds will not cover the liens. Can the IRS take the rest out of the others portion or are they limited to the partners share with the liens

Anthony M. Avery
Anthony M. Avery answered on May 25, 2020

Each Tenant In Common owns an undivided interest in the property. The IRS is the priority lien holder on the whole property. The Tax Lien does need to be examined for enforceability (SOL, Taxpayer's Name, Tax Debt Due, possible Tax Court Case, etc.). You all might try an Offer In... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: My landlord is trying to have me sign another year lease. Am I required to sign during this uncertain time?

The lease would go from 5/31/2020 to 6/1/2021. I am nervous to sign because of all the economic uncertainty.

Gregory L Abbott
Gregory L Abbott answered on May 13, 2020

You are never required to sign any document, let alone a year long lease. However, if you elect not to, you may subject to whatever termination procedures are listed in your current lease. Different leases handle the topic differently - some just expire on the termination date, you are expected... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have lived in the same apartment for 8 years. They just sold it and I wanted to know if new owners can raise my rent

My rent was raised 4 months ago

Gregory L Abbott
Gregory L Abbott answered on May 12, 2020

If you are on a month-to-month tenancy, then yes, new owner can raise rent with at least 90 days prior written notice as long as they don't raise it more than a total of 9.9% over what it was 12 months ago.

1 Answer | Asked in Family Law and Real Estate Law for Oregon on
Q: My spouse was awarded house in decree but owes a buyout. He no longer wants the house nor to do the buyout.

Over two years ago I was divorced and my spouse was awarded the house. He also had to give me a buyout. As part of the divorce decree I would be able to stay in the house for four years and at the end of those four years he would have to buy me out. He has since moved out of the house and has told... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 12, 2020

Your understanding that you can't just change the property division in the divorce is correct. Instead of amending the decree, I recommend you enter into a new agreement to purchase the home from your former spouse, who is now the current owner of the home, in exchange for satisfying his... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Can relators show houses while tenants still live in the home during covid-19 in the state of Oregon ?

I have lived in the same rental home for going on 6 years now in the state of Oregon.

Recently I was notified that the property owner “landlord” is selling the home in which I rent.

My landlord has had relators and photographers come into the home while taking no precautions... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 6, 2020

A landlord has to provide at least 24 hrs notice of intent to enter, be it to show to prospective buyers or any other non true emergency reason. The tenant is free to simply say no. If the landlord enters anyway, the tenant may be entitled to recover a month's rent in damages and/or a court... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Our landlord just told us he's not renewing our lease and we have 2 months to get out. Is that legal right now?

Our lease expires July 1st, and he just sent us an email 3 days ago saying that he's not going to be renewing our lease and he expects us to be out by the date of expiration. We have been living here for 3 years, he does not live on the premises and as far as I know, this is the only property... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2020

IF you have been there for more than a year, then the landlord MUST provide you at least 90 days advanced written notice that they do not intend to renew your lease and then only for a statutorily permitted reason. It sounds as if you have not gotten at least 90 days advanced notice; any... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: On april 17th I got a text message from my landlord saying the house we live in has sold, and gave us 60 day notice

Is this legal. Do we really have to move out through a text message eviction?

Gregory L Abbott
Gregory L Abbott answered on Apr 20, 2020

First, no, any sort of valid termination of tenancy notice has to be in writing (as in on paper), contain all the mandatory information and be lawfully served. Depending upon the exact details, you may be owed at least 90 days advanced written notice.

On top of this, it currently is not...
Read more »

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