Selling your South Salem home should feel clear, confident, and on your terms. One of the smartest ways to protect your sale and your net proceeds is to get ahead of disclosures. Buyers in SWAN want transparency, and Oregon law expects it. When you prepare the right way, you reduce renegotiations, speed up escrow, and keep leverage on your side.
This guide walks you through Oregon’s disclosure rules, the exact items to gather, SWAN-specific checks, common mistakes to avoid, and a simple pre-listing timeline. Use it as your working checklist so you can move from prep to sold with fewer surprises. Let’s dive in.
What Oregon requires
Oregon sellers typically complete the Residential Property Condition Disclosure, often called the RPCD. The focus is on what you actually know about the property. You should disclose known material facts that could affect value or habitability. For the official form and guidance, start with the Oregon Real Estate Agency.
If your home was built before 1978, federal law adds a lead-based paint requirement. You must provide buyers with the EPA/HUD pamphlet “Protect Your Family From Lead in Your Home” and a signed lead disclosure. Learn more about the federal rules from the EPA’s real estate lead disclosure page.
Certain transfers can be exempt from the standard RPCD, and buyer remedies for nondisclosure are governed by Oregon law and can include rescission or damages in some cases. The details are fact-specific, so if you have edge cases or unclear issues, consult your listing agent or an attorney. You can review the statute that sets out the disclosure form in the Oregon Revised Statutes, ORS 105.464.
The SWAN seller’s disclosure checklist
Use this section as your working list while you gather documents and complete Oregon’s RPCD.
A. Property basics
- Legal description and parcel or assessor number.
- Any known easements, shared access, or title exceptions noted in your deed.
- Known access or boundary issues.
B. Structure and major systems
- Roof: age, known leaks, patchwork, or replacement receipts.
- Foundation and crawlspace or basement: cracks, past water intrusion, or repairs.
- Exterior: siding, decks, balconies, retaining walls, or stairs and any known defects.
- HVAC: age, service history, known issues, and any inoperable equipment.
- Electrical: known code issues, older knob-and-tube or aluminum wiring, panel updates.
- Plumbing: sewer hookup type, past backups, pipe repairs, and water heater age.
C. Water, sewer, and utilities
- Water source: public water or private well. For wells, note pump age, test results, and any well permits or logs.
- Wastewater: public sewer or septic. If septic, gather maintenance records and last pump date.
- Utility easements or any shared systems, such as a shared driveway or shared well.
D. Environmental and health
- Lead-based paint for pre-1978 homes: provide the federal pamphlet and disclosure as required by the EPA.
- Radon: disclose any known test results. The EPA action level is 4 pCi/L. Learn more at the EPA radon page or the Oregon Health Authority radon program.
- Asbestos in older materials, underground storage tanks, known contamination, or prior meth contamination. Disclose what you know, and consider appropriate testing or cleanup guidance from agencies like Oregon DEQ.
E. Pests, mold, and moisture
- Past or current pest issues and treatments.
- Known mold, water intrusion, or previous remediation and documentation.
F. Legal and government items
- Any known building code violations, unpermitted work, or open permits.
- Special assessments, floodplain designations, or historic-resource restrictions.
- Pending litigation that affects the property or unresolved boundary disputes.
G. Use restrictions, rentals, and HOAs
- Current rental agreements and any security deposits that must transfer to the buyer.
- HOA covenants, conditions, and restrictions and current dues. Provide the most recent HOA documents.
H. Improvements and repairs
- Material improvements, additions, conversions, or remodels. Note if permits were pulled and closed.
- Receipts, warranties, and contractor information for major work.
I. Other material facts
- Ongoing nuisances that affect value or habitability, such as persistent odors or recurring noise sources.
- Slope instability or hazardous trees if known.
- Proximity to industrial uses or repeated flooding, if you have knowledge of these conditions.
Local checks for South Salem and SWAN
Before you list, complete these hyperlocal verifications to reduce surprises and renegotiations:
- Permits and inspections: Pull the permit history for your address through the City of Salem’s Building Division or records portal. Confirm that past permits were finalized and match what exists today.
- Water and sewer service: Confirm if your property is on public sewer and water through the City. If your property has a septic system, assemble maintenance and pump records.
- Flood zones: Review your parcel on the FEMA Flood Map Service Center. If you know of past flooding or water intrusion, disclose the history.
- Historic or overlay zones: Some South Salem parcels may have historic or planning overlays that affect renovations. Check with City of Salem Planning or Historic Resources if you are unsure.
- Taxes and assessments: Verify any special assessments or pending tax issues with the Marion County Assessor so you can disclose them clearly.
Common mistakes and how to avoid them
- Waiting to complete the RPCD until after accepting an offer. This invites delays and gives buyers leverage to cancel or demand credits. Complete disclosures before listing.
- Skipping known issues. Hiding roof leaks, sewer backups, or mold can lead to post-closing claims. Oregon expects you to disclose what you know.
- Ignoring unpermitted work. Buyers often discover it during escrow. Disclose what you know and be prepared with permit records or contractor info.
- Missing federal lead rules on pre-1978 homes. Provide the pamphlet and disclosure as required by the EPA.
- Disorganized records. Keep receipts, service dates, warranties, and inspection reports together. Buyers ask for specifics.
- Inconsistencies between the MLS and your RPCD. Align all written statements to avoid credibility issues.
Mitigation strategies that work:
- Complete a pre-listing RPCD and share it early with buyers.
- Order a general pre-listing inspection. Based on findings, consider a sewer scope, roof evaluation, radon test, or targeted mold or meth testing.
- Address minor safety or code items or disclose them with estimates.
- Organize permits, receipts, warranties, HOA docs, septic or well records, utility bills, prior inspection reports, and any insurance claim history.
- Consult your listing agent or an attorney for complex title, environmental, or legal questions.
- Keep proof of delivery for all disclosures and updates.
A simple pre-listing timeline
Plan for 4-6 weeks of prep. The more complete your packet, the smoother your escrow.
Weeks 4-6: Gather and draft
- Pull parcel and assessor info and review your deed or title exceptions.
- Retrieve permit history from the City of Salem and any county records.
- Collect receipts and warranties for roof, HVAC, plumbing, electrical, and major improvements.
- Request HOA documents, if applicable.
- Draft the Oregon RPCD with your agent’s input and list known issues.
Weeks 2-4: Inspect and test
- Order a general home inspection.
- Based on results, add targeted checks: sewer scope, roof inspection, pest inspection, radon test, or mold or meth screening if indicated. The EPA recommends action at 4 pCi/L for radon. Review guidance at the EPA radon page and the Oregon Health Authority.
- If inspectors flag unpermitted work or major defects, consult on disclosure wording, permits, or repairs.
Weeks 1-2: Finalize and package
- Finalize your RPCD and compile supporting documents.
- Decide which repairs to complete now and which to disclose and price accordingly.
- Prepare a disclosure packet to upload with your listing or deliver to buyers on request.
- Keep dated proof of delivery for all forms and updates.
At listing and in escrow
- Make your disclosure packet accessible early to set the right expectations.
- Answer buyer questions promptly and in writing.
- If new material facts surface, update and deliver an amended disclosure without delay.
How thorough disclosure boosts your net
Early, organized disclosure does not hurt your sale. It protects it. Buyers write stronger offers when they trust the information. Clean documentation reduces retrades and last-minute credits, and it keeps your timeline tight. In today’s market, transparency is a strategy that supports a higher net.
If you want a curated prep plan that pairs smart disclosure with design-forward presentation, schedule a conversation. Heather Rauh can help you package your home, your documents, and your marketing so you sell with confidence and keep more at the closing table.
FAQs
What is Oregon’s Residential Property Condition Disclosure?
- It is a state form that asks you to disclose what you know about the property’s condition and material facts. You can find guidance from the Oregon Real Estate Agency and the statute at ORS 105.464.
Do I have to test for radon before selling in SWAN?
- Testing is not required by state law, but you should disclose any known results. Many sellers choose to test because the EPA’s action level is 4 pCi/L, and buyers often ask for data.
How do federal lead rules affect pre-1978 homes in South Salem?
- If your home was built before 1978, you must give buyers the EPA/HUD pamphlet and a signed lead disclosure. See the EPA real estate lead disclosure page for details.
What if I have unpermitted work on my SWAN property?
- Disclose what you know and gather any available permits or contractor records. Check your permit history with the City of Salem and consult your agent or an attorney on next steps.
Should I share old inspection reports with buyers?
- Yes, if they reveal material facts you know. Organizing prior reports and repair receipts helps build trust and can reduce renegotiations later.
How do I know if my lot is in a flood zone?
- Look up your address on the FEMA Flood Map Service Center. If you know of past flooding or water intrusion, disclose that history clearly.
