Laws, Ordinances and Cautions
Cautions to Buyers
CAUTIONS to BUYERS; a service from CENTURY 21 JC Jones AMERICAN DREAM
These disclosures and cautions will help you research your planned purchase and may be important in making your decision to purchase a property or how you make your offer.
__ Agency: Buyer has received the agency disclosure pamphlet required by law.
__ I have received the following publications: Oregon Property Buyer Advisory Publication and Measure 49 Information letter to clients. If you would like the text of Measure 49 see www.lcd.state.or.us/LCD/news_2008.shtml
__ Earnest Money: We must deposit a check within three banking days unless we have written instructions to hold it until acceptance. Earnest money should be large enough to convince a seller to accept an offer and keep the property off the market while contingencies are cleared, and will not be used to pay other costs without written agreement. In order to be sure a return of earnest money if the transaction fails, conditions and contingencies should be very clear and specific. In case of default, money may be forfeited to the seller. This is the only damage a seller may claim. In a dispute, funds in our trust account will be disbursed to the buyer, within 20 days of written demand for disbursal unless the parties agree or there is proof of a claim filed by the seller.
__Mediation / Arbitration: Buyer understands the provisions in the Sale agreement regarding Dispute Resolution, Mediation / Arbitration in lieu of Litigation. These procedures are much faster and less costly, but there is usually no appeal. See part 4 of the listing agreement or the dispute resolutions section in the Sales Agreement. If any part is not understood, seek legal counsel.
__ Ownership/ Possession: Ownership transfers when the deed is recorded. Possession is generally after closing unless specifically agreed to in writing and signed by all parties. “Closing means after the sale is recorded and funds are available to the seller.
__Bare Land, New Home Construction / Remodeling, Proposed use: It is vital to check with appropriate planning agencies to verify zoning, setback requirements, possible land use restrictions and permit requirementsfor any construction plans or proposed uses. City of Grants Pass, 474-6355, Josephine County, 474-5109, Douglas County, 440-4289, Jackson County, 774-6900.
__ Savage Rapids Dam: The Grants Pass Irrigation District (GPID) is involved in a controversy regarding Savage Rapids Dam and allocation of cubic feet of water rights. This may result in a change in assessments charged to users of the District. G.P.I.D. 476-2582
__ City of Grants Pass and Urban Growth Boundary: Properties in the Urban Growth Boundary may be annexed into the city and become subject to city taxing and city services, including; water, sewer, police and fire protection and possible zoning and use changes. Properties in the city and urbanizing area may be subject to new taxes and or fees for maintaining roads, parks, ect. City of Grants Pass Planning Dept. 474-6355
__Insurance Availability: Homeowners insurance may be difficult to find for some properties. Buyer is advised to make insurance a condition of the purchase of any properties. See Home Insurance addendum.
__Home Warranty availability: For a modest charge, buyers can have a year of coverage after escrow closes. If seller does not provide coverage, buyer may provide coverage at buyers’ own expense. It is important to read the policy exclusions. This office receives a marketing fee from some Home Warranty firms. Any fee is donated to local charities. Century 21 Home protection plans 1-800-747-5152.
__Lead Paint: A completed lead paint disclosure form must be initialed and signed by both buyer and seller for any home built before 1978. See separate form.
__ Woodstove: If home has a pre-1985 woodstove or fireplace insert, it is a Non-Certified woodstove or insert. In Grants Pass inserts may be included in the sale of the home. Otherwise, no one may sell, offer or advertise to sell a used Non-Certified woodstove.
Non certified wood stoves in Jackson County must be destroyed before the sale of the residence. Contact Jackson County Environmental Health Div. 541-774-8207
__Tests Inspections and Repairs: Buyer is advised to order professional inspections for Pest and Wood Destroying Organisms, toxic mold, whole house inspection, siding, septic tank, roof, fireplace, square footage, property corners and anything else of concern. Costs for tests and necessary repairs are subjects for negotiation between buyer and seller.
__Well Flow, Purity, I.D.: Buyer is strongly advised to have a well flow test as well as a (top 28) test. Seller is required to test for bacteria and nitrates. Oregon State Law (ORS 537.788) requires a well identification number be attached to a well at the time of construction alteration or property transfer. In addition to the well label, well ownership information must be recorded in the deed records of the property. Oregon Water Resources Department 1-800-624-3199.
__Smoke Alarms: Any residence sold and all rental dwellings must have a smoke detector with a hush button; either a hardwired unit or a battery operated one with a ten–year battery life. This is a seller obligation by law.
We can recommend inspectors and contractors we believe to be reliable, but cannot guarantee or be responsible for their performance, and buyers or sellers must pay for their services
Buyer is advised to make your own inquiry into these matters to your satisfaction regarding property condition, intended usage and tax changes, and is not relying on the real estate agent or owner of the property for information concerning these issues. Real estate brokers can help coordinating the items above, but are not experts in any of the above matters.
Agency Disclosure Pamphlet
Describes responsibilities of Brokers to Real Estate Consumers
Agency Disclosure Pamphlet
An Equal Opportunity Company