Oregon Statutes 701.605 – Recording of written warranty agreement
(1) To facilitate the handling of warranty work or remediation of defects to a new commercial or residential structure or a zero-lot-line dwelling, a contractor who builds the structure may present for recording in the deed records of the county in which the new structure is built a written warranty agreement that:
Terms Used In Oregon Statutes 701.605
- Contract: A legal written agreement that becomes binding when signed.
- Contractor: means any of the following:
(a) A person that, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, a building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. See Oregon Statutes 701.005
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Zero-lot-line dwelling: means a single-family dwelling unit constructed in a group of attached units in which:
(a) Each attached unit extends from foundation to roof with open space on two sides; and
(b) Each dwelling unit is separated by a property line. See Oregon Statutes 701.005
(a) Is signed by the contractor and the original owner of the new structure;
(b) Sets forth any express warranties furnished by the contractor; and
(c) Contains the names of the contractor and the original property owner, the title of the document, a legal description of the property and acknowledgment of the signatures of the parties in the same manner as the parties to a deed are acknowledged.
(2) The warranties set forth in the recorded warranty agreement:
(a) Benefit and burden subsequent owners of the structure.
(b) Cease to affect title to the property 10 years after the date the instrument is recorded. [2005 c.169 § 2; 2007 c.648 § 29]
See note under 701.560.
[2013 c.300 § 5a; renumbered 701.501 in 2015]
CONSTRUCTION CONTRACT PAYMENTS