Oregon Mold Disclosure Law ORS 105.464 — Portland Homeowner Guide
This guide explains what Oregon law requires sellers to disclose about mold and moisture, what “known” means in practice, who pays for remediation, and how clearance testing works in Portland real estate transactions. For informational purposes only — consult a licensed Oregon real estate attorney for advice specific to your situation.
Quick Answer: Oregon ORS 105.464 requires sellers to disclose known mold and moisture problems on the Seller’s Property Disclosure Statement before accepting an offer. The legal obligation is to disclose what you are aware of — not to investigate what you have never seen. Buyers who discover undisclosed known mold after closing have legal remedies including rescission and damages. This guide covers what the law requires, what “known” means in practice, who pays for remediation, and how lender clearance requirements work in Portland real estate transactions.
What ORS 105.464 Actually Says — Plain Language
Oregon Revised Statute 105.464 requires sellers of residential property to provide buyers with a completed Seller’s Property Disclosure Statement (SPDS) before accepting an offer. Relevant to mold and moisture, sellers must disclose:
✔ What You MUST Disclose
- Presence of mold that you are aware of
- Past or present water intrusion into any part of the structure
- Past or present moisture problems that caused or may cause damage
- Any known drainage or grading problems affecting moisture
- Past mold remediation — even years ago
- Water events (pipe burst, appliance leak, roof leak) that occurred
- Prior inspection reports or contractor assessments mentioning mold
✖ What You Are NOT Required to Disclose
- Mold you genuinely did not know existed
- Crawl space or attic mold you have never accessed and never had inspected
- Conditions a competent buyer inspection would reveal through standard due diligence
- Speculative conditions — if you suspect mold might exist but have no actual knowledge
Note: The conservative seller approach is to disclose more rather than less. If you have any question about whether something is disclosable, consult a real estate attorney.
What Happens When Mold Is Found During a Portland Home Inspection
This is the most common real-world scenario where ORS 105.464 becomes directly relevant. The typical Portland sequence:
Who Pays for Mold Remediation in an Oregon Home Sale?
There is no fixed legal rule — it is a negotiated transaction element. Real-world Portland patterns:
Seller-Disclosed Mold
Seller typically handles remediation before closing or reduces price to reflect cost. Disclosed, remediated mold generally has less impact on sale price than discovered, undisclosed mold.
Mold Found in Inspection, Not Disclosed
Typically negotiated — remediation credit, price reduction, or seller-paid pre-closing remediation. If the seller demonstrably knew and concealed the mold, legal exposure increases substantially.
Lender-Required Remediation
Someone pays before closing — the loan does not fund until clearance is achieved. Most Portland sellers handle the remediation to preserve the sale rather than lose the buyer entirely.
ORS 105.464 and Portland Mold — FAQs
I had mold remediated 3 years ago. Must I disclose it?
Yes. Past remediation of a material defect is a material fact that must be disclosed. Disclose that mold was found, when, what remediation was done, and whether you have a clearance report. A documented remediation with clearance report is actually a positive selling point — it demonstrates the issue was addressed professionally.
Can I sell a Portland home with active, unremediated mold?
Yes — as long as you disclose it accurately and completely. You are not legally required to remediate before selling. You are required to disclose known conditions and cannot misrepresent the property’s condition. Many Portland investors specifically purchase homes with mold issues at a discount for renovation.
What is a lender-required mold clearance certificate?
A post-remediation verification report issued by an independent third-party industrial hygienist confirming that air sampling after remediation shows mold spore counts at or below outdoor ambient baseline levels. It is NOT issued by the company that did the remediation — it must come from an independent tester. Most FHA and VA loan programs require this document when mold remediation is a condition of sale. We coordinate the independent hygienist referral on every remediation job we complete.
Is there a mold inspector license in Oregon?
No. Oregon has no specific state mold remediation license. Contractors performing mold remediation must hold an Oregon Oregon contractor board license in an appropriate contractor category. The industry remediation standard is an industry professional certification, not a state license. This means almost anyone can advertise themselves as a “mold company” in Oregon — which is why verifying both contractor licensing and professional certifications matters before hiring.
Real Estate Transaction with a Mold Finding? We Handle Portland Closing Timelines.
Same-day assessment · Remediation in 1–3 days · Independent clearance report in 3–5 business days total