INITIAL AGENCY DISCLOSURE PAMPHLET

Consumers: This pamphlet describes the legal obligations of Oregon real estate licensees to consumers. Real estate brokers and principal real estate brokers are required to provide this information to you when they first contact you. A licensed real estate broker or principal broker need not provide the pamphlet to a party who has, or may be reasonably assumed to have, received a copy of the pamphlet from another broker.

This pamphlet is informational only. Neither the pamphlet nor its delivery to you may be interpreted as evidence of intent to create an agency relationship between you and a broker or a principal broker.

Real Estate Agency Relationships

An "agency" relationship is a voluntary legal relationship in which a licensed real estate broker or principal broker (the "agent") agrees to act on behalf of a buyer or a seller (the "client") in a real estate transaction. Oregon law provides for three types of agency relationships between real estate agents and their clients:

• Seller's Agent -- Represents the seller only
• Buyer's Agent -- Represents the buyer only
• Disclosed Limited Agent -- Represents both the buyer and seller, or multiple buyers who want to purchase the same property. This can be done only with the written permission of all clients.

The actual agency relationships between the seller, buyer and their agents in a real estate transaction must be acknowledged at the time an offer to purchase is made. Please read this pamphlet carefully before entering into an agency relationship with a real estate agent.

Definition of "Confidential Information"

Generally, licensees must maintain confidential information about their clients. "Confidential information" is information communicated to a real estate licensee or the licensee's agent by the buyer or seller of one to four residential units regarding the real property transaction including, but not limited to, price, terms, financial qualifications or motivation to buy or sell. "Confidential information" does not mean information that:

1. The buyer instructs the licensee or the licensee's agent to disclose about the buyer to the seller, or the seller instructs the licensee or the licensee's agent to disclose about the seller to the buyer; and

2. The licensee or the licensee's agent knows or should know failure to disclose would constitute fraudulent representation.

Duties and Responsibilities of a Seller's Agent

Under a written listing agreement to sell property, an agent represents only the seller unless the seller agrees in writing to allow the agent to also represent the buyer. An agent who represents only the seller owes the following affirmative duties to the seller, the other parties and the other parties' agents involved in a real estate transaction:

1. To deal honestly and in good faith

2. To present all written offers, notices and other communications to and from the parties in a timely manner without regard to whether the property is subject to a contract for sale or the buyer is already a party to a contract to purchase

3. To disclose material facts known by the agent and not apparent or readily ascertainable to a party

A seller's agent owes the seller the following affirmative duties:

1. To exercise reasonable care and diligence

2. To account in a timely manner for money and property received from or on behalf of the seller

3. To be loyal to the seller by not taking action that is adverse or detrimental to the seller's interest in a transaction

4. To disclose in a timely manner to the seller any conflict of interest, existing or contemplated

5. To advise the seller to seek expert advice on matters related to the transaction that are beyond the agent's expertise

6. To maintain confidential information from or about the seller except under subpoena or court order, even after termination of the agency relationship

7. Unless agreed otherwise in writing, to make a continuous, good faith effort to find a buyer for the property, except that a seller's agent is not required to seek additional offers to purchase the property while the property is subject to a contract for sale

None of these affirmative duties of an agent may be waived, except (7). The affirmative duty listed in (7) can only be waived by written agreement between seller and agent.

Under Oregon law, a seller's agent may show properties owned by another seller to a prospective buyer and may list competing properties for sale without breaching any affirmative duty to the seller.

Unless agreed to in writing, an agent has no duty to investigate matters that are outside the scope of the agent's expertise including, but not limited to, investigation of the condition of the property, the legal status of the title or the seller's past conformance with law.

Duties and Responsibilities of a Buyer's Agent

An agent, other than the seller's agent, may agree to act as the buyer's agent only. The buyer's agent is not representing the seller, even if the buyer's agent is receiving compensation for services rendered, either in full or in part, from the seller or through the seller's agent.

An agent who represents only the buyer owes the following affirmative duties to the buyer, the other parties and the other parties' agents involved in a real estate transaction:

1. To deal honestly and in good faith

2. To present all written offers, notices and other communications to and from the parties in a timely manner without regard to whether the property is subject to a contract for sale or the buyer is already a party to a contract to purchase

3. To disclose material facts known by the agent and not apparent or readily ascertainable to a party

A buyer's agent owes the buyer the following affirmative duties:

1. To exercise reasonable care and diligence

2. To account in a timely manner for money and property received from or on behalf of the buyer

3. To be loyal to the buyer by not taking action that is adverse or detrimental to the buyer's interest in a transaction

4. To disclose in a timely manner to the buyer any conflict of interest, existing or contemplated

5. To advise the buyer to seek expert advice on matters related to the transaction that are beyond the agent's expertise

6. To maintain confidential information from or about the buyer except under subpoena or court order, even after termination of the agency relationship

7. Unless agreed otherwise in writing, to make a continuous, good faith effort to find property for the buyer, except that a buyer's agent is not required to seek additional properties for the buyer while the buyer is subject to a contract for purchase

None of these affirmative duties of an agent may be waived, except (7). The affirmative duty listed in (7) can only be waived by written agreement between buyer and agent.

Under Oregon law, a buyer's agent may show properties in which the buyer is interested to other prospective buyers without breaching an affirmative duty to the buyer.

Unless agreed to in writing, an agent has no duty to investigate matters that are outside the scope of the agent's expertise including, but not limited to, investigation of the condition of property, the legal status of the title or the seller's past conformance with law.

Duties and Responsibilities of an Agent Who Represents More than One Client in a Transaction

One agent may represent both the seller and the buyer in the same transaction, or multiple buyers who want to purchase the same property, only under a written "Disclosed Limited Agency Agreement" signed by the seller and buyer(s).

Disclosed Limited Agents have the following duties to their clients:

1. To the seller, the duties listed above for a seller's agent

2. To the buyer, the duties listed above for a buyer's agent

3. To both buyer and seller, except with express written permission of the respective person, the duty not to disclose to the other person:

4. That the seller will accept a price lower or terms less favorable than the listing price or terms

5. That the buyer will pay a price greater or terms more favorable than the offering price or terms; or

6. Confidential information as defined above.

Unless agreed to in writing, an agent has no duty to investigate matters that are outside the scope of the agent's expertise.

When different agents associated with the same principal broker (a real estate licensee who supervises other agents) establish agency relationships with different parties to the same transaction, only the principal broker will act as a Disclosed Limited Agent for both the buyer and seller. The other agents continue to represent only the party with whom the agents have already established an agency relationship unless all parties agree otherwise in writing. The principal real estate broker and the real estate licensees representing either seller or buyer shall owe the following duties to the seller and buyer:

1. To disclose a conflict of interest in writing to all parties

2. To take no action that is adverse or detrimental to either party's interest in the transaction

3. To obey the lawful instructions of both parties

No matter whom they represent, an agent must disclose information the agent knows or should know that failure to disclose would constitute fraudulent misrepresentation.

You are encouraged to discuss the above information with the licensee delivering this pamphlet to you. If you intend for that licensee, or any other Oregon real estate licensee, to represent you as a Seller's Agent, Buyer's Agent, or Disclosed Limited Agent, you should have a specific discussion with the agent about the nature and scope of the agency relationship. Whether you are a buyer or seller, you cannot make a licensee your agent without the licensee's knowledge and consent, and an agent cannot make you a client without your knowledge and consent.

This privacy policy governs the manner in which oregonchoicegroup.com collects, uses, maintains and discloses information collected from users (each, a “user”) of the oregonchoicegroup.com website (“site”). This privacy policy applies to the site and all products and services offered by the oregonchoicegroup.com.

Personal Identification Information

We may collect personal identification information from users in a variety of ways, including, but not limited to, when users visit our site, register on the site, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our site anonymously. We will collect personal identification information from users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain site related activities.

Non-Personal Identification Information

We may collect non-personal identification information about users whenever they interact with our site. Non-personal identification information may include the browser name, the type of computer and technical information about users means of connection to our site, such as the operating system and the internet service providers’ utilized and other similar information.

Security of Your Personal Information

Oregonchoicegroup.com secures your personal information from unauthorized access, use, or disclosure. Real estate experts uses the following methods for this purpose:

SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the secure sockets layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (A) there are security and privacy limitations inherent to the internet which are beyond our control; And (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed.

Web Browser Cookies

Our site may use “cookies” to enhance user experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies or to alert you when cookies are being sent. If they do so, note that some parts of the site may not function properly.

How We Use Collected Information

Oregonchoicegroup.com may collect and use users personal information for the following purposes:

To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

To send you marketing and promotional communications. We and/ Or our third-party marketing partners may use the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time.

To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our services. 

Additionally, 

• To improve customer service
• Information you provide helps us respond to your customer service requests and support needs more efficiently.
• To personalize user experience
• We may use information in the aggregate to understand how our users as a group use the services and resources provided on our site.
• To improve our site
• We may use feedback you provide to improve our products and services.
• To run a promotion, contest, survey or other site feature
• To send users information they agreed to receive about topics we think will be of interest to them.
• To send periodic emails
• We may use the email address to respond to their inquiries, questions, and/ Or other requests. If user decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the user would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or user may contact us via our site.

How We Protect Your Information

We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. 

We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our site.

Sharing Your Personal Information

We do not sell, trade, or rent users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the site or administer activities on our behalfs, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

We may need to process your data or share your personal information in the following situations: 

Third-party service providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the services, which will enable them to collect data about how you interact with the services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. 

Third-Party Websites

Users may find advertising or other content on our site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our site, is subject to that website’s own terms and policies.

How Do We Handle Social Logins?

If you choose to register or log in to our services using a social media account, we may have access to certain information about you. 

Our services offer you the ability to register and log in using your third party social media account details (like your Facebook or Google logins) . Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public. 

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps. 

How Long Do We Keep Your Information?

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law. 

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements) . 

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Information Safety 

We aim to protect your personal information through a system of organizational and technical security measures. 

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our services is at your own risk. You should only access the services within a secure environment. 

California Residents Specific Rights

If you are a resident of California, you are granted specific rights regarding access to your personal information. 

California civil code section 1798.83, also known as the “shine the light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. 

If you are under 18 years of age, reside in California, and have a registered account with the services, you have the right to request the removal of unwanted data that you publicly post on the services. To request the removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the services, but please be aware that the data may not be completely or comprehensively removed from our systems.

Advertising

Ads appearing on our site may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

Google Adsense

Some of the ads may be served by google. Google’s use of the dart cookie enables it to serve ads to users based on their visit to our site and other sites on the internet. Dart uses “non personally identifiable information” and does not track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the dart cookie by visiting the google ad and content network privacy policy at http://www.Google.com/Privacy_ads.Html.

Changes To This Privacy Policy

Oregonchoicegroup.com has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Children Under Thirteen

Oregonchoicegroup.com does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Your Acceptance Of These Terms

By using this site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our site. Your continued use of the site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting Us

If you have any questions about this privacy policy, the practices of this site, or your dealings with this site, please contact us at:

[email protected]

503-449-3661

2804 SE Oak Grove Blvd

Portland, OR

We respect the intellectual property rights of others. Following the Digital Millennium Copyright Act (DMCA), we will respond promptly to claims of copyright infringement on our website if they are submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate, including removal of the allegedly infringing materials.

If you believe that your intellectual property rights are being violated by this website, please provide the following information to our designated Copyright Agent:

• A description of the copyrighted work or other intellectual property that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the website.
• An address, telephone number, and e-mail address where we can contact you.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf.
• Your electronic or physical signature.

Allegedly infringing material will be removed promptly by our Copyright Agent provided that your claim notice includes all of the required information. If insufficient information is provided, our Copyright Agent may not process your claim. In the event we remove allegedly infringing materials that were provided by a 3rd party, we will immediately notify the party responsible for posting the materials that we removed or disabled access to the materials. We may also provide the responsible party with your e-mail address so that they may respond to your allegations.

We reserve the right to terminate, limit or suspend access to the website in the event of repeated infringing activity. If you believe repeated infringement is occurring, follow the above instructions to contact our Copyright Agent and include sufficient information to assist us in identifying evidence of the repeated infringement. Learn more about the DMCA here.

MLS Listing Data

This website displays listing data from one or more third-party Multiple Listing Services (MLS). If your copyright claim is regarding a listing, that same listing data is most likely being displayed by many other websites, and you will need to make your claim directly to the Copyright Agent of the MLS providing the data, and more specifically to the broker who originally submitted a specific listing - and who is responsible for updating it in the MLS database.

Listings displayed on this website are clearly marked with an MLS logo and broker information that identify the source of the listing. Additionally, MLS disclaimers are shown in the footer of pages that contain listing data. Individual MLSs may have their own DMCA policies similar to this one.

If in doubt, please contact our Copyright Agent (our website hosting company) who may be able to address your issue directly and if not will help point you in the right direction.