reglab/housing_qa huggingface dataset:
OR Rev Stat § 696.545 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.545 - Investigation; injunction; jurisdiction.

(1) The Real Estate Commissioner may investigate either upon complaint or otherwise whenever it appears that an escrow agent has violated ORS 696.505 to 696.590 or that any person is engaging in the escrow business without being licensed under the provisions of ORS 696.505 to 696.590. (2) If upon investigation it appears that such agent is so conducting business the commissioner may, in addition to any other remedies, bring action in the name and on behalf of the State of Oregon against such person and any other person acting in violation of ORS 696.505 to 696.590, to enjoin such person and such other person from continuing any act in violation of ORS 696.505 to 696.590. (3) The circuit court of any county of this state is vested with jurisdiction to restrain illegal practices or transactions and may grant injunctions to prevent and restrain such illegal practices or transactions, in addition to the penalties and other remedies provided in ORS 696.505 to 696.590. The court shall have power, during the pendency of the proceedings before it to issue such preliminary restraining orders as may appear to be just and proper; and the findings of the commissioner shall be deemed to be prima facie evidence and sufficient ground, in the discretion of the court, for the issue ex parte of a preliminary restraining order. (4) In any such court proceedings the commissioner may apply for and on due showing be entitled to have issued the court’s subpoena requiring forthwith the appearance of any defendant and employees of the defendant and the production of documents, books and records as may appear necessary for the hearing of such petition, to testify and give evidence concerning the acts or conduct or things complained of in such application for injunction. [1963 c.440 §9; 1979 c.284 §194; 1981 c.617 §28; 1991 c.874 §8]
OR Rev Stat § 696.555 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.555 - Commissioner to take possession of property and assets of escrow agent when assets or capital impaired; appointment of receiver.

(1) When the Real Estate Commissioner ascertains by examination or otherwise that the assets or capital of any agent are impaired, as described in ORS 696.535 (1)(a), the commissioner may immediately take possession of all the property, business and assets of the agent which are located in this state and retain possession of them pending the further proceedings specified in this section. (2) Pursuant to subsection (1) of this section, the commissioner may apply to the circuit court of the county in which the agent’s principal place of business is located for an order directing the agent to show cause why a receiver should not be appointed to take charge of and manage or liquidate if necessary the assets of the agent utilized in professional escrow activity in such a manner as to prevent or minimize such financial loss to others. (3) If the court is satisfied from reading the commissioner’s petition that the facts therein alleged, if established, warrant such receivership action, the court shall issue such order to show cause. The court may at such time, without notice, issue a temporary injunction restraining such agent, or any of the agent’s officers, directors, stockholders, members, agents or employees, from the transaction of any professional escrow activity, or the waste or disposition of any such assets until further order of the court. Should such an injunction be issued, a hearing on whether the injunction shall be continued shall be held within five business days of its service. (4) On return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the same, together with such other relief as the court may deem necessary. (5) Notwithstanding any other provision of law, no bond shall be required of the commissioner or the commissioner’s authorized representatives as a prerequisite for the issuance of any injunction or other order pursuant to this section. (6) At any time during such proceedings, the agent may satisfy the court that the activity which prompted such proceedings has been rectified or that financial loss to others no longer will likely occur, in which case the court may dismiss such proceedings. (7) The expenses of the receiver, compensation of the legal counsel of the receiver, as well as all expenditures of the receiver required in such proceedings shall be fixed by the court and shall be paid out of funds in the hands of the receiver or entered as a judgment against such licensee. [1963 c.440 §10(3),(4); 1975 c.746 §30; 1981 c.617 §29; 1991 c.874 §9; 2001 c.300 §40]
OR Rev Stat § 696.560 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.560

[1963 c.440 §11; 1975 c.746 §31; 1981 c.617 §30; 1985 c.589 §5; renumbered 696.578]
OR Rev Stat § 696.565 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.565

[1963 c.440 §12; renumbered 696.579]
OR Rev Stat § 696.570 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.570 - Hearings procedure under ORS 696.505 to 696.590; subpoena.

(1) All hearings before the Real Estate Commissioner or the commissioner’s authorized representative conducted under the authority of ORS 696.505 to 696.590 shall be conducted in accordance with the provisions of ORS chapter 183. (2) The commissioner, or anyone authorized by the commissioner, shall have the power to subpoena witnesses and administer oaths in connection with hearings in the enforcement of ORS 696.505 to 696.590. [1963 c.440 §13; 1981 c.617 §30a]
OR Rev Stat § 696.575 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.575 - Civil or criminal actions not limited by ORS 696.505 to 696.590.

Nothing in ORS 696.505 to 696.590 shall limit any statutory or common law right of any person to bring any action in any court for any act involved in the transaction of the escrow business or the right of the state to punish any person for any violation of any law. [1963 c.440 §14]
OR Rev Stat § 696.577 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.577 - Commissioner’s order against unlicensed agent.

Whenever the Real Estate Commissioner finds that any person is offering to engage in or engaging in the business of an escrow agent without a license as an escrow agent as required under ORS 696.505 to 696.590, the commissioner may order the person to cease and desist from offering to engage in or engaging in the business of an escrow agent. Any proceeding under this section is subject to the requirements of ORS chapter 183. [1981 c.617 §36]
OR Rev Stat § 696.578 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.578 - Deposit and designation of funds held in escrow; treatment of earnings on escrow account; notice.

(1) All funds received by an escrow agent to be delivered upon the close of the escrow or upon any other contingency are trust funds that must be deposited and maintained in a bank authorized to do business within this state. The funds must be deposited in a federally insured account designated as an escrow trust account and kept separate, distinct and apart from funds belonging to the escrow agent. The designation of an account as an escrow trust account indicates that the funds are not the funds of the escrow agent. (2) Trust funds received by an escrow agent may be placed by the agent in a federally insured interest-bearing bank account, designated as an escrow trust account, but only with the prior written approval of all parties having an interest in the trust funds. The earnings of the interest-bearing account may inure to the benefit of the escrow agent if expressly approved in writing before deposit of the trust funds by all parties having an interest in the trust funds. (3) With prior written notice to all parties who have an interest in the trust funds, an escrow agent may place trust funds received by the escrow agent in a federally insured interest-bearing bank account that is designated as an escrow trust account and the earnings of which inure to the benefit of a public benefit corporation, as defined in ORS 65.001, for distribution to organizations and individuals for first-time homebuying assistance and for development of affordable housing. The escrow agent shall select a qualified public benefit corporation to receive the interest earnings. (4) Any bank services, as defined by rule by the Real Estate Commissioner, provided to the escrow agent may not be considered to affect the impartiality or neutrality of the escrow agent. Such services are permitted with approval in the written closing instructions of the principals. (5) Trust funds may be invested in secured obligations of the United States, if: (a) The depositing principal gives prior written approval to the escrow agent for such investment after receiving written disclosure as may be required by rule adopted by the commissioner; (b) The depositing principal releases the escrow agent from any liability for loss of the trust funds; (c) The depositing principal agrees that any loss of trust funds may not be a claim against the bond, deposit or personal guarantee of the agent under ORS 696.525 and 696.527; and (d) The escrow agent does not have any interest in the investment or earnings from the investment. (6) If the trust funds to be invested represent earnest money in a transaction, both principals in the transaction must give prior written approval for the investment and are both considered depositing principals. [Formerly 696.560; 1991 c.874 §10; 2003 c.224 §2; 2003 c.427 §12; 2009 c.174 §10]
OR Rev Stat § 696.579 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.579 - Funds exempt from execution or attachment; designation of funds.

(1) Escrow or trust funds are not subject to execution or attachment on any claim against the escrow agent. (2) No person shall knowingly keep or cause to be kept any funds or money in any bank under the heading of "trust funds" or "escrow accounts" or any other name designating such funds or money as belonging to the clients of any escrow agency, except actual escrow or trust funds deposited with such agency. [Formerly 696.565]
OR Rev Stat § 696.585 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.585 - Civil penalties.

(1) Any person who violates any provision of ORS 696.505 to 696.590, or any lawful rule or final order of the Real Estate Commissioner or any final judgment made by any court upon application of the commissioner, may be required to forfeit and pay to the General Fund of the State Treasury, a civil penalty in an amount determined by the commissioner of not more than $3,000 for each offense. Each violation shall be deemed a separate offense. (2) In addition to the civil penalty set forth in subsection (1) of this section, any person who violates any provision of ORS 696.505 to 696.590, any lawful rule or final order of the commissioner or any final judgment made by a court upon application to the commissioner, may be required to forfeit and pay to the General Fund of the State Treasury, a civil penalty in an amount determined by the commissioner but not to exceed the amount by which such person profited in any transaction that violates any such provision, rule, order or judgment. (3) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745. (4) The provisions of this section are in addition to and not in lieu of any other enforcement provision contained in ORS 696.505 to 696.590. [1975 c.746 §32; 1981 c.617 §31; 1983 c.696 §26a; 1989 c.706 §24; 1991 c.734 §85; 1991 c.874 §12; 2003 c.427 §13; 2003 c.576 §544; 2009 c.174 §8]
OR Rev Stat § 696.590 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.590 - Penalty amounts.

(1) Any person who violates ORS 696.511 (1) may be required by the Real Estate Commissioner to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the commissioner of: (a) Not less than $500 nor more than $1,000 for the first offense of unlicensed professional escrow activity; and (b) Not less than $1,000 nor more than $3,000 for the second and subsequent offenses of unlicensed professional escrow activity. (2) In addition to the civil penalty set forth in subsection (1) of this section, any person who violates ORS 696.511 may be required by the commissioner to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the commissioner but not to exceed the amount by which such person profited in any transaction which violates ORS 696.511. (3) Civil penalties under this section must be imposed in the manner provided in ORS 183.745. (4) The civil penalty provisions of subsections (1) and (2) of this section are in addition to and not in lieu of the criminal penalties for unlicensed professional escrow activity in ORS 696.990 (1) and (2). [1991 c.874 §17; 2003 c.427 §14]
OR Rev Stat § 696.600 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.600 - Definitions for ORS 696.392, 696.600 to 696.785 and 696.995.

As used in ORS 696.392, 696.600 to 696.785 and 696.995: (1) "Employee" includes an individual who has an independent contractual relationship with a real estate marketing organization and performs real estate marketing activity. (2) "Real estate marketing activity" means procuring or offering to procure prospects to purchase, sell, lease or rent real estate by telemarketing, mail or otherwise. (3) "Real estate marketing organization" means any person, including a partnership, association, corporation, limited liability company or other organization, other than a real estate marketing employee, that engages in real estate marketing activity and is licensed under ORS 696.606. (4)(a) "Real estate marketing employee" means an individual who receives compensation from a real estate marketing organization for performing real estate marketing activity. (b) "Real estate marketing employee" does not mean an individual licensed under ORS 696.022. [1995 c.217 §2; 2001 c.300 §65; 2007 c.319 §16]
OR Rev Stat § 696.603 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.603 - License requirement.

(1) A person may not engage in real estate marketing activity unless that person is: (a) Licensed under ORS 696.606; (b) Licensed under ORS 696.022; or (c) Registered by a person licensed under ORS 696.606. (2) No person may employ an individual as a real estate marketing employee unless the person registers the individual with the Real Estate Commissioner as the employee of the real estate marketing organization before the individual commences real estate marketing activity. (3) This section applies to persons who: (a) Initiate real estate marketing activity in this state; or (b) Initiate real estate marketing activity in another state that includes contacting persons in this state. (4) One act or transaction of real estate marketing activity is sufficient to constitute engaging in real estate marketing activity within the meaning of this section. [1995 c.217 §3; 2001 c.300 §66]
OR Rev Stat § 696.609 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.609 - Exemptions from ORS 696.392, 696.600 to 696.785 and 696.995.

ORS 696.392, 696.600 to 696.785 and 696.995 do not apply to an individual licensed under ORS 696.022 or to those persons exempt under ORS 696.030 from licensing under ORS 696.020. [1995 c.217 §5; 2001 c.300 §42; 2007 c.319 §17]
OR Rev Stat § 696.612 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.612 - Grounds for disciplinary action.

The Real Estate Commissioner may suspend or revoke the license of any real estate marketing organization or reprimand any licensee, or may deny the issuance or renewal of a license to an applicant who has done any of the following: (1) Knowingly or negligently pursued a course of material misrepresentation in matters related to real estate marketing activity, whether or not damage or injury resulted, or knowingly or negligently made any material misrepresentation or material false promise in a matter related to real estate marketing activity if the material misrepresentation or material false promise created a reasonable probability of damage or injury, whether or not damage or injury actually resulted. (2) Failed, within a reasonable time, to account for or to remit any moneys or to surrender to the rightful owner any documents or other valuable property coming into the possession of the real estate marketing organization that belongs to others. (3) Disregarded or violated any provision of this section, ORS 696.603 or 696.606 or any rule adopted pursuant thereto. (4) Guaranteed, authorized or permitted any person to guarantee future profits that may result from the resale of real property. (5) Failed or refused upon demand to produce or to supply true copies of any document, book or record in the possession or control of the real estate marketing organization for inspection by the commissioner or the commissioner’s authorized representative. (6) Failed to register and maintain the current and accurate names of, and information regarding, each real estate marketing employee of the real estate marketing organization. (7) Procured or attempted to procure a real estate marketing license by fraud, misrepresentation or deceit or by making any material misstatement of fact in an application for a real estate marketing license. (8) Failed to exercise supervision over the activities of real estate marketing employees. For the purposes of this subsection, "supervision" means that management by an organization that is reasonably designed and implemented to result in compliance by the employees of the organization with this section, ORS 696.603 or 696.606 or any rule adopted pursuant thereto. (9) Engaged in any act or conduct, whether of the same or of a different character specified in this subsection, that constitutes or demonstrates bad faith, incompetence, untrustworthiness or dishonest, fraudulent or improper dealings. (10) Failed to meet or maintain the deposit requirements of ORS 696.606 (3) or (4). (11) Failed to pay in full any final judgment on claims adjudged by the commissioner or by a court of competent jurisdiction. (12) Violated ORS 646.608. [1995 c.217 §6]
OR Rev Stat § 696.615 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.615 - Publication of sanctions imposed for violations.

The Real Estate Commissioner shall publish information in local newspapers pertaining to sanctions imposed for violations of ORS 696.603, 696.606 or 696.612 in a manner allowed under ORS 696.430 and 696.445 (3). [1995 c.217 §7]
OR Rev Stat § 696.618 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.618 - Denial of right to court action for unlicensed real estate marketing organization.

No person carrying on, conducting or transacting any real estate marketing activity may maintain any suit or action in any of the courts of this state to enforce any claim arising out of real estate marketing activity without alleging and proving that the person was licensed under ORS 696.606 at the time of performing such activities. [1995 c.217 §8]
OR Rev Stat § 696.621 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.621 - Real Estate Marketing Account.

The Real Estate Marketing Account is established as an account in the General Fund of the State Treasury. All moneys received by the Real Estate Agency pursuant to ORS 696.392, 696.600 to 696.785 and 696.995 shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously to the Real Estate Agency to carry out the provisions of ORS 696.392, 696.600 to 696.785 and 696.995. [1995 c.217 §9; 2001 c.300 §67]
OR Rev Stat § 696.624 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.624 - Consent by nonresident real estate marketing organization to service of summons or process required.

(1) Every nonresident real estate marketing organization, at the time of licensing, shall file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the nonresident organization in this state arising out of a violation of any provision of ORS 696.603, 696.606 or 696.612, personal service of summons or process upon the nonresident organization cannot be made in this state after the exercise of due diligence, a valid service may be made upon the nonresident organization by service on the commissioner. (2) The consent shall be in writing, executed and verified by an officer of the real estate marketing organization and shall set forth: (a) The name of the real estate marketing organization. (b) The address to which documents served upon the commissioner are to be forwarded. (c) If the real estate marketing organization is a corporation or unincorporated association, that the consent signed by such officer was authorized by resolution duly adopted by the board of directors. (3) The address for forwarding documents served under this section may be changed by filing a new consent in the form prescribed in subsection (2) of this section. (4) Service on the commissioner of any summons or process shall be made by delivery to the commissioner or a clerk on duty in any office of the commissioner, and shall include duplicate copies of such summons or process, together with duplicate copies of any papers required by law to be delivered in connection with such service. (5) When the commissioner is served with any such summons or process, the commissioner shall immediately cause one of the copies thereof, with any accompanying papers, to be forwarded by registered or certified mail, return receipt requested, to the real estate marketing organization at the address set forth in the consent. (6) The commissioner shall keep a record of all summonses and processes, notices and demands served upon the commissioner under this section, and shall record therein the time of such service and the action with reference thereto. [1995 c.217 §11]
OR Rev Stat § 696.627 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.627 - On-site inspection allowed; deposit.

(1) The Real Estate Commissioner may make an on-site inspection of any real estate marketing organization. (2) When an on-site inspection under subsection (1) of this section is to be made, the commissioner may require the organization to advance a deposit not to exceed $200 per day, in addition to any other fee, for making the on-site inspection. Any unexpended portion of the deposit shall be refunded to the organization. [1995 c.217 §12]