Key Takeaways

  • Oregon follows the Statute of Frauds requiring real estate contracts to be in writing
  • Valid contracts require offer, acceptance, consideration, legal capacity, and lawful purpose
  • Earnest money must be deposited into the principal broker's clients' trust account
  • Oregon real estate contracts commonly use standardized forms from Oregon REALTORS
  • Contingencies must be clearly specified with deadlines in the contract
Last updated: January 2026

Oregon Contract Requirements

Oregon real estate contracts must meet specific legal requirements to be valid and enforceable.

Statute of Frauds

Under Oregon's Statute of Frauds, contracts for the sale of real property must be:

  • In writing
  • Signed by the party to be charged (or their authorized agent)

Key Point: Oral agreements to sell real estate are generally unenforceable in Oregon.

Essential Elements of a Valid Contract

ElementDescription
OfferClear proposal with definite terms
AcceptanceUnequivocal agreement to the offer's terms
ConsiderationSomething of value exchanged (usually money)
Legal capacityParties must be competent to contract
Lawful purposeContract cannot be for illegal purposes
In writingRequired for real estate contracts

Common Contract Forms

Oregon real estate professionals typically use:

FormUse
Oregon Real Estate Sale AgreementStandard purchase agreement
Residential Sale AgreementResidential property transactions
Commercial Sale AgreementBusiness property transactions
Listing AgreementSeller representation
Buyer Representation AgreementBuyer representation
Property Management AgreementProperty management services

Note: Oregon REALTORS provides standardized forms used by many licensees.

Earnest Money

Earnest money (also called a good faith deposit) shows the buyer's serious intent:

Handling Requirements

RequirementDetails
Deposit timelineAs specified in contract
Where depositedPrincipal broker's clients' trust account
Who holdsPrincipal broker (not broker)
DisbursementPer contract terms or mutual agreement

Important: Only principal brokers can maintain clients' trust accounts in Oregon.

Common Contract Contingencies

Contingencies allow parties to exit the contract if certain conditions aren't met:

Financing Contingency

ElementDetails
PurposeBuyer can cancel if financing not obtained
DeadlineMust apply for loan within specified days
DocumentationMay require denial letter from lender

Inspection Contingency

ElementDetails
PurposeBuyer can inspect property and negotiate repairs
TimelineInspection period specified in contract
OptionsAccept, negotiate repairs, or cancel

Appraisal Contingency

ElementDetails
PurposeProtects buyer if property appraises below price
OptionsSeller reduce price, buyer pay difference, or cancel

Home Sale Contingency

ElementDetails
PurposeBuyer must sell current home first
TimelineSpecified deadline for sale
Kick-out clauseSeller may continue marketing

Termination of Contracts

Contracts may be terminated by:

MethodDescription
PerformanceBoth parties fulfill obligations
Mutual agreementBoth parties agree to cancel
Contingency not metCondition specified in contract fails
BreachOne party fails to perform
ImpossibilityPerformance becomes impossible

Time is of the Essence

Many Oregon real estate contracts include a "time is of the essence" clause:

  • Deadlines are strict and legally binding
  • Missing a deadline may constitute breach
  • Extensions require written agreement

Exam Tip: Understand the difference between an executory contract (not yet performed) and an executed contract (fully performed).

Test Your Knowledge

Under Oregon's Statute of Frauds, which statement is TRUE about real estate contracts?

A
B
C
D
Test Your Knowledge

Where should earnest money be deposited in an Oregon real estate transaction?

A
B
C
D