OR · Flood-disclosure law

Does a Oregon seller have to disclose flooding?

Oregon requires sellers of residential real property to deliver a statutory Seller's Property Disclosure Statement (the exact form is set out in ORS 105.464 and cannot be modified). Section 9.D of the statutory form directly asks 'Is the property in a designated floodplain?' (Yes/No/Unknown) and notes that flood insurance may be required for homes in a floodplain. Disclosures are made on the basis of the seller's actual knowledge at the time of disclosure.

Oregon at a glance

Flood-specific disclosure

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

DisclosureRequired

Opt-outYes — caution

Primary-source verified· verified June 16, 2026

Or. Rev. Stat. § 105.464 (form of seller's property disclosure statement); revocation rights under ORS 105.465 / 105.475

The 4-card answer

Oregon flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Oregon requires sellers of residential real property to deliver a statutory Seller's Property Disclosure Statement (the exact form is set out in ORS 105.464 and cannot be modified). Section 9.D of the statutory form directly asks 'Is the property in a designated floodplain?' (Yes/No/Unknown) and notes that flood insurance may be required for homes in a floodplain. Disclosures are made on the basis of the seller's actual knowledge at the time of disclosure.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Or. Rev. Stat. § 105.464 (form of seller's property disclosure statement); revocation rights under ORS 105.465 / 105.475Primary-source verified· verified June 16, 2026

What triggers the duty

Sale/transfer of residential real property (buyer purchasing for residential use)
Buyer makes a written offer
Seller's actual knowledge at the time of disclosure governs the answers

Penalties & remedies

No statutory monetary penalty is set by ORS 105.464 for the form itself; the principal statutory consequence is the buyer's right of revocation. A seller's failure or refusal to deliver the statement gives the buyer revocation rights, and common-law remedies for fraud/misrepresentation remain available.

Buyer remedy: Under the form and ORS 105.475, the buyer has five business days from the seller's delivery of the disclosure statement to revoke the offer by delivering a separate signed written statement of revocation, unless waived at or before entering the sale agreement. If the seller refuses to provide the statement, the buyer may revoke the offer any time before closing.

Opt-out gotchas

An opt-out / waiver exists. The statute contains narrow exclusions (e.g., certain court-ordered, fiduciary, foreclosure, or first-sale-of-newly-built transfers, and where the buyer is not buying for immediate residential use). The buyer may also waive the five-day right of revocation at or prior to entering the sale agreement. A covered residential seller cannot simply decline to provide the statutory form without triggering the buyer's revocation right.

Research note ▾

Primary statutory form text fetched and confirmed: the floodplain question (Section 9.D, 'Is the property in a designated floodplain?'), the actual-knowledge standard, and the five-day revocation right with waiver were quoted directly from ORS 105.464. The canonical legislative source is oregonlegislature.gov; oregon.public.law is an official-text mirror used here. Oregon has a dedicated floodplain question rather than only a flooding-related water-damage question.

Buyer's rights

If you're buying in Oregon

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Oregon law gives you as a buyer

Oregon requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Under the form and ORS 105.475, the buyer has five business days from the seller's delivery of the disclosure statement to revoke the offer by delivering a separate signed written statement of revocation, unless waived at or before entering the sale agreement. If the seller refuses to provide the statement, the buyer may revoke the offer any time before closing.

Watch the opt-out: The statute contains narrow exclusions (e.g., certain court-ordered, fiduciary, foreclosure, or first-sale-of-newly-built transfers, and where the buyer is not buying for immediate residential use). The buyer may also waive the five-day right of revocation at or prior to entering the sale agreement. A covered residential seller cannot simply decline to provide the statutory form without triggering the buyer's revocation right.

Or. Rev. Stat. § 105.464 (form of seller's property disclosure statement); revocation rights under ORS 105.465 / 105.475

Your pre-closing checklist (works in every state)

Pull a free FEMA flood-zone lookup
Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.
msc.fema.gov ↗
Request a CLUE / loss-history report
A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.
LexisNexis consumer disclosure ↗
Get an independent inspection — ask about water
Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.
Get a flood-insurance quote before you waive contingencies
Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.
floodsmart.gov ↗

Compare another state

Switch states without leaving

The decoder below is pre-selected to this state. Pick another to compare.

Step 1 — Pick your state

Step 2 — Your answer

Oregon

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Oregon requires sellers of residential real property to deliver a statutory Seller's Property Disclosure Statement (the exact form is set out in ORS 105.464 and cannot be modified). Section 9.D of the statutory form directly asks 'Is the property in a designated floodplain?' (Yes/No/Unknown) and notes that flood insurance may be required for homes in a floodplain. Disclosures are made on the basis of the seller's actual knowledge at the time of disclosure.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Or. Rev. Stat. § 105.464 (form of seller's property disclosure statement); revocation rights under ORS 105.465 / 105.475Primary-source verified· verified June 16, 2026

What triggers the duty

Sale/transfer of residential real property (buyer purchasing for residential use)
Buyer makes a written offer
Seller's actual knowledge at the time of disclosure governs the answers

Penalties & remedies

No statutory monetary penalty is set by ORS 105.464 for the form itself; the principal statutory consequence is the buyer's right of revocation. A seller's failure or refusal to deliver the statement gives the buyer revocation rights, and common-law remedies for fraud/misrepresentation remain available.

Buyer remedy: Under the form and ORS 105.475, the buyer has five business days from the seller's delivery of the disclosure statement to revoke the offer by delivering a separate signed written statement of revocation, unless waived at or before entering the sale agreement. If the seller refuses to provide the statement, the buyer may revoke the offer any time before closing.

Opt-out gotchas

An opt-out / waiver exists. The statute contains narrow exclusions (e.g., certain court-ordered, fiduciary, foreclosure, or first-sale-of-newly-built transfers, and where the buyer is not buying for immediate residential use). The buyer may also waive the five-day right of revocation at or prior to entering the sale agreement. A covered residential seller cannot simply decline to provide the statutory form without triggering the buyer's revocation right.

Research note ▾

Primary statutory form text fetched and confirmed: the floodplain question (Section 9.D, 'Is the property in a designated floodplain?'), the actual-knowledge standard, and the five-day revocation right with waiver were quoted directly from ORS 105.464. The canonical legislative source is oregonlegislature.gov; oregon.public.law is an official-text mirror used here. Oregon has a dedicated floodplain question rather than only a flooding-related water-damage question.

Summary of Oregon law as of June 2026. Not legal advice.

Full Oregon page

Editorial review

Professional review in progress

We are recruiting a licensed real-estate attorney or title professional to review these summaries before this site applies for advertising. Until then, treat every page as informational only.

Related states

Oklahoma All states Pennsylvania