reglab/housing_qa huggingface dataset:
OR Rev Stat § 696.870 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.870 - Duties of real estate licensee under ORS 105.462 to 105.490, 696.301 and 696.870.

(1)(a) A real estate licensee representing a seller of real property has a duty to inform each represented seller of the seller’s duties created by this section and ORS 105.462 to 105.490 and 696.301. (b) A real estate licensee representing a buyer of real property has a duty to inform each represented buyer of the buyer’s rights under this section and ORS 105.462 to 105.490 and 696.301. (2) If a real estate licensee performs the duties set forth in subsection (1) of this section, the real estate licensee shall have no further duties under this section. (3) Notwithstanding subsections (1) and (2) of this section, for the purposes of ORS 696.301, a real estate licensee: (a) Representing a seller by written agreement or course of conduct is bound by the standards of conduct and duties created under ORS 696.805; (b) Representing a buyer by written agreement or course of conduct is bound by the standards of conduct and duties created under ORS 696.810; and (c) Acting as a disclosed limited agent by a written agreement or course of conduct is bound by the standards of conduct and duties created under ORS 696.815. [1993 c.547 §6; 2001 c.300 §50] Note: See note under 696.800.
OR Rev Stat § 696.880 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.880 - Licensee not required to disclose proximity of registered sex offender.

Nothing in ORS 163A.005 to 163A.235, 696.301, 696.805, 696.810, 696.815 or 696.855 creates an obligation on the part of a person licensed under this chapter to disclose to a potential purchaser of residential property that a sex offender registered under ORS 163A.010, 163A.015, 163A.020 or 163A.025 resides in the area. [1999 c.732 §2; 2001 c.300 §73; 2011 c.271 §24; 2013 c.708 §28] Note: 696.880 was added to and made a part of ORS chapter 696 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 696.890 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.890 - Duties of real estate property managers.

(1) As used in this section: (a) "Management of rental real estate" has the meaning given that term in ORS 696.010. (b) "Property management agreement" has the meaning given that term in ORS 696.010. (c) "Real estate property manager" has the meaning given that term in ORS 696.010. (2) A real estate property manager who represents a property owner, for compensation, in the management of rental real estate is the property owner’s agent. (3) A real estate property manager may engage in the management of rental real estate for an owner of rental real estate only pursuant to a property management agreement. (4) A real estate property manager owes the property owner the following affirmative duties: (a) To deal honestly and in good faith; (b) To disclose material facts known by the property manager and not apparent or readily ascertainable to the owner; (c) To exercise reasonable care and diligence; (d) To account in a timely manner for all funds received from or on behalf of the owner; (e) To act in a fiduciary manner in all matters relating to trust funds; (f) To be loyal to the owner by not taking action that is adverse or detrimental to the owner’s interest; (g) To disclose in a timely manner to the owner any existing or contemplated conflict of interest; (h) To advise the owner to seek expert advice on matters that are beyond the property manager’s expertise; and (i) To maintain as confidential all information from or about the owner, except under subpoena or court order, even after the agency relationship ends. (5) The affirmative duties listed in subsection (4) of this section may not be waived. (6) Nothing in this section implies a duty beyond or in addition to those activities that are reasonably within the scope of the management of rental real estate. [2011 c.158 §1; 2013 c.145 §2] Note: 696.890 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 696.995 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.995 - Civil penalties for violation of ORS 696.603, 696.606 or 696.612.

(1) Any person who violates ORS 696.603, 696.606 or 696.612 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 $100 nor more than $500 for the first violation of ORS 696.603, 696.606 or 696.612 or a rule adopted pursuant thereto; or (b) Not less than $500 nor more than $1,000 for the second and subsequent violations of ORS 696.603, 696.606 or 696.612 or a rule adopted pursuant thereto. (2) In addition to the civil penalty set forth in subsection (1) of this section, any person who violates ORS 696.603 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 from the transaction in violation of ORS 696.603. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. (4) The civil penalty provisions of this section are in addition to and not in lieu of other administrative sanctions. [1995 c.217 §10]
OR Rev Stat § 697.015 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.015 - Registration requirement.

A person shall not operate as a collection agency in this state unless the person registers with the Department of Consumer and Business Services under ORS 697.031 and maintains the registration in accordance with that section. [1981 c.85 §3; 1995 c.622 §2]
OR Rev Stat § 697.039 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.039 - Revocation, suspension or refusal to issue or renew registration.

(1) The Director of the Department of Consumer and Business Services may refuse to issue or renew or may revoke or suspend any registration under ORS 697.031 if the director determines that: (a) Any information a person files with the director under ORS 697.031 is false or untruthful; (b) A person has violated any of the rules of the director for registration under ORS 697.031; (c) A person has violated the provisions of ORS 697.045 or 697.058; (d) A person has failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031; (e) A person has died or become incapacitated; (f) A person has engaged in dishonest, fraudulent or illegal practices or conduct in any business or profession; or (g) A person has been convicted of a felony or misdemeanor, an essential element of which is fraud. (2) A revocation or suspension under this section may be for a time certain or upon condition that certain acts be performed. (3) If the director issued an initial order of revocation of a registration before the expiration of the registration, the director may enter a final order of revocation even though the registration has expired. (4) Actions of the director under this section are subject to the provisions of ORS chapter 183. [1981 c.85 §6; 1991 c.627 §2; 1995 c.622 §4; 1999 c.413 §1; 2005 c.338 §11]
OR Rev Stat § 697.045 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.045 - Status of accounts and claims assigned to agency; rights of assignor; appearance in small claims or justice court; registration as condition of access to courts.

(1) A registered collection agency has a property right in any claim or account assigned to the agency in writing for collection. Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the registered collection agency as assignee of the claim or account, in its own name, may: (a) Collect the claim or account; (b) Compromise or accept settlement of the claim or account; (c) Bring and maintain an action to recover the amount owing from the claim or account; and (d) With prior written approval of the assignor, transfer or forward the claim or account to another collection agency for collection. (2) Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the assignor may withdraw the claim or account from the agency at any time without condition or charge. (3) Notwithstanding ORS 9.160 and 9.320, in any action in the small claims department of a circuit court or justice court a registered collection agency may appear as a party without appearance by attorney for the purpose of recovering the amount owing on a claim or account assigned to the agency in writing for collection. The provisions of this subsection apply to any supplementary proceeding in aid of execution after entry of a judgment in the small claims department. (4) No collection agency is entitled to bring or maintain an action involving the collection of a claim or account on behalf of its customers in any courts of this state without alleging and proving that it is duly registered under ORS 697.015 and 697.031. A registration certificate or a certification of registration by the Director of the Department of Consumer and Business Services for any designated time period shall be received by the court as prima facie evidence of the collection agency’s registration for the time period designated. [1981 c.85 §7; 2003 c.78 §1]
OR Rev Stat § 697.053 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.053 - Registration exclusive regulation; local fees authorized.

The provisions of ORS 697.015 and 697.031 are exclusive and no political subdivision or agency of this state may require of a collection agency any registration, license or fee for any collection agency duly registered under ORS 697.015 and 697.031. Nothing in this section limits the authority of any political subdivision to levy and collect a general and nondiscriminatory license or registration fee upon all businesses in the political subdivision or to levy a tax based upon the business conducted by any registered collection agency within the political subdivision. [1981 c.85 §8]
OR Rev Stat § 697.063 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.063 - Status of business records and bank accounts following revocation of registration; liquidation; expenses and attorney fees.

(1) When the Director of the Department of Consumer and Business Services revokes a registration, the director may take possession of all business records and all bank accounts of the registrant and retain possession of them pending the further proceedings specified in this section. The director shall inventory all the business records and all bank accounts of the registrant. The director shall file one copy of the inventory in the office of the director and one copy in the office of the clerk of the circuit court of the county in which the principal place of business of the registrant is located and shall mail one copy to each shareholder or partner of the registrant at the last-known address of the shareholder or partner. The clerk of the court shall file the inventory as a pending proceeding and give it a case number. The director by rule may delegate the director’s authority under this section relating to the inventory of business records and bank accounts of a registrant. (2) If any person refuses to permit the director to take possession of business records and bank accounts under subsection (1) of this section, the director may apply to the circuit court of the county in which the principal place of business of the registrant is located for an order appointing a receiver, who may be the director, to take possession. (3) The business records and bank accounts of the registrant shall be liquidated. If a receiver has not been appointed, the director shall apply for appointment by the court in which the inventory was filed. The liquidation shall proceed as provided by law for liquidation of a private corporation in receivership. (4) The expenses of the receiver and attorney fees, as well as all expenditures required in the liquidation proceedings, shall be fixed by the director, subject to the approval of the court, and, upon certification by the director, shall be paid out of the funds in the hands of the director as such receiver. [1995 c.622 §6; 2003 c.576 §218]
OR Rev Stat § 697.085 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.085 - Rules.

The Director of the Department of Consumer and Business Services may adopt rules for the administration and enforcement of ORS 697.005 to 697.095, 697.105 and 697.115. [1983 c.69 §5; 2005 c.338 §12]
OR Rev Stat § 697.086 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.086 - Rules for collection of child support payments.

(1) The Director of the Department of Consumer and Business Services shall adopt rules that regulate the practices of a collection agency that enters into an agreement with an obligee to collect child support payments as provided in ORS 25.020. (2) The rules adopted by the director under this section shall be as consistent as practicable with the provisions of 15 U.S.C. 1692c to 1692f. [2003 c.421 §4]
OR Rev Stat § 697.087 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.087 - Injunction; damages; attorney fees; limitation on actions.

(1) Any person injured as a result of the violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $200, whichever is greater. The court or the jury may award punitive damages and the court may provide such equitable relief as it deems necessary or proper. (2) Notwithstanding any other actions provided by law, the Attorney General of the State of Oregon or the prosecuting attorney of any county may bring an action in the name of the state against any person to restrain and prevent violation of any provision of ORS 697.005 to 697.095. (3) In any action brought by a person under this section, the court may award, in addition to the relief provided, reasonable attorney fees at trial and on appeal and costs. If the defendant prevails, the court may award reasonable attorney fees at trial and on appeal and costs if it finds the action to be frivolous. (4) Actions brought under this section shall be commenced within one year from the date the violation occurs. [1995 c.622 §7]
OR Rev Stat § 697.091 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.091 - Fees or compensation received in violation of law; disposition.

(1) A person who violates any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 shall not charge or receive any fee or compensation on any moneys received or collected while in violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085. (2) A person shall not charge or receive any fee or compensation on any moneys received or collected while operating in accordance with any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085 but that is received or collected as a result of the person’s acts as a collection agency or out-of-state collection agency operating in violation of any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031 or 697.085. (3) All moneys collected or received in violation of this section shall be immediately returned to the assignors, or their assigns, of the account on which the moneys were paid. [1995 c.622 §8]
OR Rev Stat § 697.093 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.093 - Enforcement.

(1) The Director of the Department of Consumer and Business Services may: (a) Undertake the investigations, including investigations outside this state, that the director considers necessary to determine whether a person has: (A) Violated, is violating or is about to violate: (i) ORS 697.015, 697.031, 697.045, 697.058, 697.091, 697.105 or 697.115; (ii) A rule adopted under ORS 697.031, 697.085 or 697.086; or (iii) An order issued under this section; (B) Filed information under ORS 697.031 that is false or untruthful; or (C) Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031. (b) Require a person to file a statement in writing, under oath or otherwise, concerning the matter being investigated. (c) Take evidence from witnesses and compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, agreements or other documents or records that the director considers relevant or material to an investigation or proceeding. (d) If the director has reason to believe that a person has: (A) Violated, is violating or is about to violate ORS 697.015, 697.031, 697.045, 697.058, 697.091, 697.105 or 697.115 or a rule adopted under ORS 697.031, 697.085 or 697.086, issue an order to cease and desist from the violation. (B) Filed information under ORS 697.031 that is false or untruthful, issue an order to correct the filing. (C) Failed to maintain in effect the bond or an irrevocable letter of credit required under ORS 697.031, issue an order to remedy the failure. (2) The authority conferred by this section is in addition to and not in lieu of any other authority conferred on the director. [2005 c.338 §9]
OR Rev Stat § 697.094 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.094 - Orders issued under ORS 697.093.

(1) The Director of the Department of Consumer and Business Services shall serve an order under ORS 697.093 on the person named in the order. (2) An order issued under ORS 697.093 becomes effective upon service on the person named in the order. (3) ORS 183.413 to 183.470 apply to an order issued under ORS 697.093. (4) Notwithstanding subsection (3) of this section, a person may not obtain a hearing on the order unless the person requests the hearing in writing within 20 days after service of the order. (5) A person who does not request a contested case hearing may not obtain judicial review of the order. (6) The director may vacate or modify an order issued under ORS 697.093. A modified order is effective upon service on the person named in the order. [2005 c.338 §10]
OR Rev Stat § 697.095 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.095 - Civil penalties.

(1) In addition to any other penalty provided by law, a person who violates any provision of ORS 697.015 or 697.058 or any rule adopted under ORS 697.031, 697.085 or 697.086 is subject to forfeiture and payment of a civil penalty to the Department of Consumer and Business Services in an amount of not more than $1,000 for each offense. (2) Civil penalties under this section shall be imposed as provided in ORS 183.745. (3) All penalties recovered shall be deposited in the Consumer and Business Services Fund created by ORS 705.145. [1983 c.69 §4; 1987 c.373 §44; 1991 c.734 §87; 2005 c.338 §13]
OR Rev Stat § 697.105 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.105 - Fee for collection of debt owed public body; notice to debtor; amount.

(1) Except as provided in ORS 1.202 and 293.231, if a public body, as defined in ORS 174.109, uses a private collection agency to collect a debt owed to the public body, the public body may add a reasonable fee to the amount of the debt, payable by the debtor, to compensate the public body, in whole or in part, for the collection agency fee incurred or to be incurred. (2) A fee may not be added under subsection (1) of this section unless the public body has provided notice to the debtor: (a) Of the existence of the debt; (b) That the debt may be assigned to a private collection agency for collection; and (c) Of the amount of the fee that may be added to the debt under subsection (1) of this section. (3) Except as provided by federal law, the public body may not add a fee under this section that exceeds the collection fee of the private collection agency. [2003 c.66 §1; 2007 c.204 §1]
OR Rev Stat § 697.107 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.107 - Prohibition on use of public agency or public official seal or letterhead.

(1) A public agency or public official may not: (a) Allow a person or entity in the practice of collecting debt, including restitution, to use the seal or letterhead of the public agency or public official; or (b) Receive or collect a fee from a person or entity in the practice of collecting debt, including restitution, in exchange for the person or entity using the seal or letterhead of the public agency or public official. (2) As used in this section, "public agency" and "public official" have the meanings given those terms in ORS 171.725. [2013 c.551 §1]
OR Rev Stat § 697.115 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.115 - Fee for collection of commercial debt; amount; limit.

(1) As used in this section, "commercial debt" means any obligation for payment of money or thing of value arising out of an agreement or contract, express or implied, in which the transaction that is the subject of the agreement or contract is not primarily for personal, family or household purposes. (2) A person using a private collection agency to collect a commercial debt owed to the person may add a reasonable fee to the amount of the commercial debt, payable by the debtor, to compensate the person, in whole or in part, for the collection agency fee incurred or to be incurred. A person may not add a fee under this section that: (a) Exceeds the collection fee of the private collection agency; or (b) Was not authorized in the agreement or contract creating the commercial debt. [2003 c.66 §2; 2007 c.204 §2]
OR Rev Stat § 697.480 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers|Section 697.480

[Renumbered as part of 697.992]