2.2 Initial Agency Disclosure Pamphlet

What the Pamphlet Is and Why It Exists

The Initial Agency Disclosure Pamphlet is a standardized document required by ORS 696.820 and detailed in OAR 863-015-0215. The Real Estate Commissioner prescribes its exact format and content, so every Oregon licensee delivers an identical document — you may not draft your own version, abbreviate it, or add brokerage marketing to it. Its job is to educate consumers about the three agency relationships available in Oregon and the duties licensees owe, before the consumer discusses their real estate needs.

Critical exam point: By statute the pamphlet is informational only and may not be construed to be evidence of intent to create an agency relationship. Handing someone the pamphlet does NOT make them your client. Distractor answers that say the pamphlet establishes agency are wrong.

When Delivery Is Required: "First Contact"

The statute requires delivery at the first contact with each party to a real property transaction. Oregon defines first contact as the moment the licensee has sufficient contact information about a person to be able to deliver the pamphlet — not at closing, not after an offer, and not on a vague "within three days" timeline.

Acceptable Delivery Methods

ORS 696.820 explicitly authorizes delivery in writing by: hand delivery, U.S. mail, facsimile, email, over the internet, or a similar method. A walk-in open-house attendee may simply be handed a printed copy. A web lead may be emailed one.

• A signature is not required by the statute, but obtaining one is sound practice and creates a record.
• You should document the date and method of delivery in your file.
• The pamphlet must be the current OREA version in force at the time of delivery.

When the Pamphlet Is NOT Required

A licensee need not deliver the pamphlet to a person who may reasonably be assumed to have already received a copy — for instance, a buyer who was given the pamphlet earlier by the same or another licensee, or a represented party who already has a written agency agreement. When in doubt, deliver it again; redundant delivery is never a violation, but failing to deliver it is.

What the Pamphlet Explains to the Consumer

The document walks the consumer through the agency choices and the corresponding duties:

Consequences of Non-Compliance

Failing to deliver the pamphlet is a violation of license law enforced by OREA, the same body that issues and disciplines licenses. Possible outcomes include:

• OREA disciplinary action — letter of reprimand, civil penalty, or probation
• License suspension or revocation for repeated or willful failures
• Civil exposure if a consumer claims they were misled about representation

Worked scenario: A licensee chats with an open-house visitor about the buyer's budget and desired neighborhoods for twenty minutes, then hands over the pamphlet as the visitor leaves. This is too late — the law requires delivery before that substantive discussion, at first contact. The correct move is to deliver the pamphlet at the door before any needs conversation.

Where to Obtain It

The current pamphlet is published on the Oregon Real Estate Agency website (oregon.gov/rea) and is typically supplied to licensees by their principal broker. Never use a downloaded copy from an unofficial source that may be outdated.

How This Differs From a Listing or Buyer Agreement

Candidates routinely confuse the pamphlet with the documents that actually establish agency. Keep these three roles distinct:

The pamphlet comes first and is purely informational; the agency agreement comes later and is the contract that creates the relationship. A licensee can lawfully deliver the pamphlet to a hundred open-house visitors without representing any of them.

Common Exam Traps

Watch for these distractors, which appear repeatedly on the Oregon state portion:

• "Within three business days" — There is no three-day rule for the pamphlet. Delivery is due at first contact, defined as the moment you have enough contact information to deliver it.
• "A signature is required" — A signature is recommended for your records but is not required by ORS 696.820. Delivery, not acknowledgment, is the legal obligation.
• "The pamphlet creates dual agency" — It creates nothing; it is informational only and explicitly cannot be construed as intent to create agency.
• "Licensees may add their branding" — The content and format are prescribed by rule; you may not modify, abbreviate, or co-brand the document.
• "It must be given again to the same consumer at every meeting" — Once delivered, you need not re-deliver to a person who may reasonably be assumed to already have a copy.

Putting It Together

The disciplined workflow is simple: the instant you have a name and a way to reach a consumer about a real property transaction, deliver the current OREA pamphlet by any approved written method, note the date and method in your file, and only then move into a substantive discussion of needs. The agency agreement, if any, follows when the consumer chooses to be represented.