Home Buying in Roseburg>Question Details

Rmaxter, Home Buyer in Roseburg, OR

Deadlines for seller to fill out & sign seller disclosures? Deadlines to get disclosures to buyer?

Asked by Rmaxter, Roseburg, OR Sun May 26, 2013

Buyer with 4/30/13 signed offer sent paid earned income funds on 4/30. Seller finally sent disclosures on 5/18/13, BUT – seller had previously filled out & signed them way back on 9/17/12! Have these disclosures expired? Can seller fill out and sign disclosures that far back? And, how soon must seller send the disclosures to the buyer?

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Lana Lavenbarg’s answer
Seller can allow buyer to have them at any time but the buyer has the right to walk away anytime prior to receiving said disclosures. Nothing says disclosures have an expiration date either!
0 votes Thank Flag Link Sun May 26, 2013

As long as the house is still listed the sellers disclosures are good but that does not relieve you of your right and duty to have an inspection on the property. The seller will have to resign the disclosures at closing verifying that nothing has changed since the original disclosures were signed.

The buyer like the seller has to sign the disclosures twice. Supposedly when submitting the offer and second at closing after the seller has signed them.


Gordon Parker
McCOLLY Real Estate
(219) 712-5885
0 votes Thank Flag Link Sun May 26, 2013
There are no deadlines, Rmaxter. It doesn't matter when the Seller has made their disclosures, so long as they are accurate. And they can send them to you at any time during the transaction; in Oregon, you have five days after receipt to elect to rescind the transaction.
0 votes Thank Flag Link Sun May 26, 2013
State laws vary, so rely the most on an answer from an agent in OR. In my experience, as long as there is nothing new to disclose, the date they were signed shouldn't matter. If since they prepared them the roof leaked, or a pipe burst they would need to either rewrite the disclosure or amend it to inform you of what you need to know.
My concern regarding your question is why they waited so long to get you a disclosure form they obviously had since before they accepted your offer. The delivery of the disclosure being so late, may allow you options regarding the rest of the contract you may want to explore. Speak to your agent about this. In Washington, if a disclosure is not provided within 10 days, the buyer may walk away from the deal without consequences. In other words, they can quit at the last minute and still get their earnest money. Things may be different in OR, so please consult your local agents or an attorney.
0 votes Thank Flag Link Sun May 26, 2013
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