How Oregon's Agency Disclosure Rules Protect Buyers and Sellers

Oregon law requires a real estate agent to tell you, in writing and at first contact, who they work for and what duties they owe you. That is the whole idea behind agency disclosure. Before you share your budget, your timeline, or why you're moving, you get to see exactly what the agent is obligated to do for you, and what they are not allowed to do against you.

Most people sign these forms without reading them. This post walks through what they say, so you can use them.

What "agency" actually means

An agency relationship is a voluntary legal relationship in which a licensed broker agrees to act on behalf of a buyer or a seller. The agent is the one acting, and the person they represent is the client. According to the Oregon Real Estate Agency's Initial Agency Disclosure Pamphlet, Oregon recognizes three types of agency relationship:

• Seller's agent, who represents the seller only.
• Buyer's agent, who represents the buyer only.
• Disclosed limited agent, who represents both the buyer and the seller, or multiple buyers competing for the same property, and can only do so with written permission from everyone involved.

If you've heard people say an agent "works for both sides," this third category is the only legal version of that. It requires a signed Disclosed Limited Agency Agreement, in addition to the listing agreement or buyer representation agreement. An agent can't drift into it informally.

The pamphlet you receive at first contact

Under ORS 696.820 and OAR 863-015-0215, an agent must give a prospective client the Initial Agency Disclosure Pamphlet at "first contact," which the rule defines as the moment the agent has enough contact information to be able to deliver it. That includes contact in person, by phone, by email, or over the internet.

The pamphlet is informational only. It doesn't commit you to anything. Its job is to explain the three relationships and list the agent's duties before you've said anything sensitive. Think of it as the ground rules posted before the game starts.

The actual agency relationships in a transaction also have to be acknowledged in writing at the time an offer is made. So there are two checkpoints: the pamphlet at the start, and the acknowledgment at the offer. If either one is missing from your transaction, ask about it.

The duties your agent owes you

Oregon's pamphlet lists affirmative duties for agents. In plain terms, an agent representing you owes you loyalty, obedience to your lawful instructions, reasonable care and diligence, an accounting of any money handled, and disclosure of material facts that could affect your decision. They also owe you confidentiality.

That last one is where agency disclosure does real work. A seller's agent may not tell a buyer that the seller will accept a lower price or less favorable terms. A buyer's agent may not tell the seller that the buyer would pay more than the offer on the table. Those protections are written into the rules, and they apply to the client's confidential information as well.

Agents also owe duties to the person they don't represent. Even a buyer's agent must deal honestly and disclose material facts to a seller, and vice versa. Representing one side doesn't license anyone to mislead the other.

How this connects to your representation agreement

Oregon's HB 4058 (ORS 696.810), effective January 1, 2025, requires a written buyer representation agreement before a buyer's agent can submit an offer. Sellers have long signed a written listing agreement. These agreements spell out the scope of the agent's work and how they're paid. Agency disclosure tells you what relationship you're in, and the written agreement tells you the terms of it.

Together they give you two documents to compare against what you're experiencing. If an agent is pushing you toward a property in a way that doesn't match your written goals, or seems to be relaying your bottom line to the other side, you have something concrete to point to.

What this means for sellers

Sellers most often run into agency questions when a buyer shows up unrepresented, or when the listing agent also gets a call from a buyer who wants to work with the same agent. If that happens, the agent has to explain their options before anything is signed. You can decline limited agency. You can say no and still expect your listing agent to represent you fully.

When you interview listing agents, ask how they handle a buyer who contacts them directly. A clear answer tells you they've thought about it, and a vague one is worth noting.

What this means for buyers

Buyers get the most practical value from reading the pamphlet before the first showing. Ask yourself whether you understand who the agent at an open house represents. Often the answer is the seller. That's not a problem, but it does mean you shouldn't share your maximum budget with them.

If you're buying a listing held by your own agent, ask how limited agency would work and what you'd be giving up. It isn't wrong to say yes, but it should be a decision you make with the duties in front of you.

What the market backdrop looks like

Agency clarity matters most when the stakes on each decision are high. According to Redfin data, Oregon's median sale price was $504,949 in September 2026, up 1.0% from a year earlier. Homes sold in September numbered 3,772, down 5.4% year over year, and the typical home spent a median of 44 days on the market. Freddie Mac's weekly survey put the 30-year fixed mortgage rate at 7.32% on October 22, 2026, compared with 6.19% a year earlier.

With rates that much higher than a year ago, every negotiating point carries more weight. A price difference that once felt small now shows up in monthly payments. That's exactly when you want to know your agent's duty of confidentiality is in writing.

A short checklist you can use

• Did you receive the Initial Agency Disclosure Pamphlet at first contact?
• Do you have a signed written agreement (listing agreement or buyer representation agreement) that matches what you were told?
• If limited agency came up, did you receive a written agreement explaining it, and did you have the choice to decline?
• Were the agency relationships acknowledged in writing when the offer was made?
• Can you explain in your own words who your agent works for?

If you can answer yes to all five, you're covered. If not, ask your agent or their principal broker, and the Oregon Real Estate Agency publishes the pamphlet and rules on its website if you want to read the source yourself.

Questions to ask any agent you're considering

Ask them to explain the three types of agency in their own words. Ask whether they practice limited agency and how they handle it. Ask how they protect your confidential information when another agent in their office is working with the other side. You aren't being difficult by asking. You're hiring someone to act on your behalf, and these are reasonable interview questions.

I'm Jennifer Schurter, a licensed Oregon real estate broker with Real Broker LLC, and I'm glad to walk through the pamphlet with you line by line before you commit to anything.

Jennifer Schurter serves buyers, sellers, and investors throughout South Clackamas County and the North Willamette Valley — including Canby, Oregon City, Wilsonville, Aurora, Hubbard, Molalla, Woodburn, Newberg, Sherwood, Tualatin, West Linn, Lake Oswego, and the greater Portland metro south. Her goal is simple: to be the most knowledgeable, most responsive, and most genuinely helpful real estate agent in the area — every single time. Jennifer is a licensed Oregon real estate broker with Real Broker LLC.

Ready to talk through your next move? Schedule a time with Jennifer here. No pressure, no pitch — just a real conversation.