With roots in the Miller-Lux cattle empire of the 19th century, this expansive cattle and hay operation is located in the Malheur River basin of eastern Oregon near the small ranching community of Crane, an hour southeast of Burns, Oregon. The ranch encompasses 52,445± deeded acres and nearly 100,000 acres of Bureau of Land Management (BLM) land under grazing permit to the ranch. With an emphasis on premium beef production, the ranch currently runs 1,225± breeding cows plus bulls with capacity for 1,525± cows and produces excess hay on 1,500± acres, including 1,125± acres under nine center pivots. Abundant water features and improvements include reservoirs, year-round creeks and streams, irrigation and stock-water wells, springs, ponds, playas, and range developments. The ranch is modestly but practically improved with employee housing, equipment storage, barns, shop buildings, and cattle facilities including a 750-head permitted backgrounding lot. The ranch is home to an array of western wildlife and the owner is eligible to receive up to eight landowner preference tags to hunt elk and deer on the ranch. There are also strong populations of chukar and California quail, and the reservoirs offer excellent largemouth bass fishing. Hall and Hall’s management division has provided professional oversight of the ranch since 2008 and is available to work on behalf of a new owner to manage the ranch under a long-term arrangement or as part of a transition strategy.
The 2,230± acre JMK Ranch unit of McEwen Ranch and Cattle Company, located 10 minutes north of Crane and consisting of 1,125± irrigated acres under nine center pivots, is available for purchase separately for $4,500,000. Please contact the Broker for more details on this separate offering.
The ranch headquarters for McEwen Ranch and Cattle Company is located on Riverside Road in Harney and Malheur counties approximately 30 miles east of Crane and 55 miles southeast of Burns. Riverside Road is a well-maintained, all-season gravel county road that services ranches along the South Fork of the Malheur River and connects Crane with US Highway 20 at Juntura, Oregon, an hour north of the headquarters. A separate 2,230± acre tract, referred to as the JMK Ranch and encompassing the ranch’s pivot irrigated cropland, is located in Harney County about 40 minutes northwest of the ranch headquarters and 10 minutes northwest of Crane on an all-season gravel county road. Burns, Oregon, county seat for Harney County, is the service center for the area and offers a variety of retail and commercial services that support the regional ranching community as well as a general aviation airport with a 5,011’ x 75’ runway and 24-hour Jet-A and 100LL fuel service. The closest commercial airports are located in the cities of Boise, Idaho and Bend, Oregon, each about three hours from the ranch. The city of Portland is approximately 335 miles west of the ranch.
Occupying nearly 10,200 square miles of rimrock, river canyons, grassy plains and ponderosa pine forests, Harney County is the largest county in Oregon and encompasses much of the state’s southeastern corner. Despite its physical size, the county is home to only 7,500 residents who are spread across the county’s many farms and ranches, various unincorporated communities, and the small sister cities of Burns and Hines. Reflective of the sparse population density is the fact that Harney County operates one of the few public boarding schools in the United States located in Crane. Students, most of whom live on remote ranches in the southern part of the county, reside in dorms during the school week and return home to their families for the weekend.
Steens Mountain, rising over a mile above the Alvord Desert and viewable from the ranch, is the county’s most prominent physical feature and one of the wildest and most remote areas in Oregon. Adjacent to Steens Mountain is the 187,000-acre Malheur National Wildlife Refuge, a vast wetland complex famous for its concentration of bird species and other wildlife. The refuge hosts thousands of birdwatchers each year who come to view resident and migrating shorebirds, songbirds, waterfowl and raptors. Livestock ranching continues to be a mainstay of the local economy, and Harney County is home to a number of large ranches that have been operated under the same ownership for decades. Traditionally, ranches have stayed within families passing from generation to generation or have been sold to neighbors looking to expand their operations. In recent years, buyers from out of the area have come to the county looking for large deeded holdings offering productive livestock operations along with quality recreational and lifestyle amenities.
Among the largest operating ranches in Oregon, McEwen Ranch and Cattle Company encompasses 52,445± deeded acres in two principal units – the 2,230± acre JMK Ranch (the “JMK”) and 50,215± acres that are home to the ranch’s headquarters and adjoin approximately 100,000 acres of BLM grazing allotments under permit to the ranch (the “McEwen”). Here is a description of each unit:
Located 10 minutes north of Crane, 30 minutes southeast of Burns, and 35 miles west of the McEwen, the JMK is a contiguous, level tract of land consisting of 1,125± acres of pivot irrigated cropland, 1,085± acres of dryland pasture, and 20± acres encompassing buildings and ranch improvements. The elevation at the JMK is approximately 4,200 feet. In addition to supplying hay to the McEwen, the JMK generates excess hay to sell and serves as a location to winter the ranch’s bulls, receive cattle, and hold remnant calves.
Since 2008, the owner has invested approximately $700,000 into further developing the property’s abundant groundwater resources and expanding and upgrading the ranch’s center pivot irrigation system. At present, there are eight Valley pivots (with three being newer – 2008, 2010, and 2011) and one Zimmatic pivot installed in 2015. Six pivots are planted to alfalfa and three are transitioning to alfalfa. The ranch produced organic hay until two years ago and is now being fertilized and working toward three cuttings with yields of four to five tons per acre. Ample irrigation water is available and originates from eight productive wells on the property that are interconnected by a buried mainline system. Wells pump between 500-800 gallons per minute and depths are in the 300’ to 600’ range. All pumps and motors have been pulled, inspected, and maintained over the past five years.
Buildings and infrastructure include a manufactured home, shop building, nine-bay open-sided machine shed, general purpose building, horse barn, and a permitted 750-head backgrounding lot with concrete bunks and metal panels attached to metal posts. In addition, there is a cattle-working facility, loading chute, hydraulic squeeze chute, and an enclosed 20,000 lb. beam scale. Cattle pens are watered with automatic frost-free troughs. Stock water is also available to each of the pivot fields through an interconnected system installed in 2015. The system consists of tire tanks with floats and is capable of providing water throughout the winter.
The McEwen lies about 30 miles east of Crane and a little over an hour southeast of Burns and is comprised of multiple parcels of deeded land surrounded by BLM grazing allotments under permit to the ranch. The elevation at the McEwen ranges from 3,900 feet along the South Fork of the Malheur River to nearly 5,300 feet in interior of the ranch. Stretching across a vast, dramatic high desert landscape, the McEwen extends for almost 25 miles north to south and over 15 miles east to west and encompasses irrigated hayfields and pastures, rocky canyons, grassy mesas, rugged buttes, steep ridgelines, broad valleys, meandering riparian areas, and pockets of aspen and juniper. An extensive network of public and private roads crosses the McEwen providing access to virtually all portions of the property. There are numerous water features at the McEwen including three irrigation storage reservoirs (Cobb, Chapman, and Star Mountain reservoirs), four primary year-round streams (South Fork of the Malheur, Visher Creek, Granite Creek, and Swamp Creek), springs, seasonal creeks, playas, and numerous stock ponds and dugouts. In addition, there are two major stock water developments installed within the past several years involving wells with cistern storage and associated pipelines and tire tanks.
The ranch headquarters (referred to as the “Visher”) sits along Riverside Road and encompasses the main set of ranch buildings plus approximately 200 acres of sprinkler and flood-irrigated cropland. Improvements at the Visher include a manager’s home, bunkhouse, Quonset-style machine shed, equipment shed, working corrals with hydraulic squeeze chute, steel-sided calving barn, two mobile homes, and multiple smaller outbuildings. Cobb Reservoir is located just south of the headquarters and stores irrigation water for hayfields at the Visher. It is filled by springs as well as water diverted from Visher Creek and is home to largemouth bass and crappie along with various species of diving and dabbling ducks. The South Fork of the Malheur River flows along the northern boundary of the Visher for over a half-mile and provides additional irrigation water at the Visher. The riffles and pools of the South Fork offer fishing for bass and the occasional redband/rainbow trout. Visher Creek, a spring-fed stream that rises on the ranch’s deeded lands southeast of the headquarters, is the other main source of irrigation water for the Visher.
Another 200± acres of irrigated cropland and two sets of additional ranch buildings lie northeast of the headquarters in a portion of the ranch known as Granite Creek. Buildings here include a modular home with a steel-sided storage shed, cattle pens with stock water, an older frame home, a mobile home, and a shop/equipment storage building. Chapman Reservoir, which stores irrigation water for the ranch, lies within its own secluded canyon surrounded by BLM lands north of the buildings and is fed by year-round Granite Creek. Although the reservoir is located on federal land, the only vehicular access to the reservoir is across the ranch, making the site very private. Largemouth bass and crappie can be found in Chapman Reservoir, and the canyon walls flanking the east side of the reservoir are an excellent spot for coveys of chukar partridge.
Swamp Creek, a very scenic part of the ranch lying south of the headquarters, is another core area of the McEwen and features approximately 100 acres of native meadow that are flood-irrigated, pastured, and hayed depending on annual moisture conditions. Year-round Swamp Creek flows through its own valley for over five miles on its way to the South Fork of the Malheur. Buildings at Swamp Creek include a two-bedroom hunting cabin and adjacent storage sheds.
52,445± deeded acres in two principal units – the 2,230± acre JMK Ranch and the 50,215± acre McEwen Ranch. It is estimated that associated BLM grazing allotments cover an adjoining area of nearly 100,000 acres. The deeded acreage breaks down as follows:
Irrigated cropland 1,125± acres
Dry pasture 1,085± acres
Farmstead 20± acres
Irrigated hayland 530± acres
Rangeland 49,635± acres
Farmsteads 50± acres
McEwen Ranch and Cattle Company features multiple sets of modest, functional improvements sufficient to support the current farming and livestock operations at the ranch. These include the following:
Modular home – 1,296± 3-bedroom/2-bath Karsten brand home on foundation installed in 2008
Shop – 3,900± sq. ft. steel building, concrete floor, half insulated and heated
Machine shed – 5,400± sq. ft. open-front building with 9 bays, power, and concrete and gravel flooring
General purpose building – 3,900± sq. ft. with concrete floor and overhead sliding doors on each end
Barn – 1,500± sq. ft. pole frame with power, water, and dirt floor
Scale house and 20,000 lb. livestock scale
750 head permitted background lot with concrete bunks and metal panels
Corrals – steel paneled with working facility, hydraulic squeeze chute, and automatic frost-free troughs
Main house – 1,489± sq. ft. 2-bedroom/1-bath frame construction with metal roof circa 1950
Shop – 1,980± sq. ft. metal Quonset building with power, concrete floor, and wood stove heat
Bunk house – 616± sq. ft. 1-bedroom/1-bath wood-sided building
Machine shed – 2,400± sq. ft. open-front building with 6 bays and power
Corrals – wood/steel with hydraulic squeeze chute and loading chute
Calving barn – 2,000± sq. ft. with metal siding, stalls, overhead door, power and water
14’ x 60’ mobile home
Misc. sheds and storage buildings
Modular home – 1,296± sq. ft. 3-bedroom/2-bath Karsten brand home on foundation installed in 2007
Storage shed – 480± sq. ft. with steel siding
Shop/machinery storage building – 2,400± sq. ft. with 900± sq. ft. enclosed shop area with concrete floor, power, and wood stove heat
Vacant older home and mobile home
Vacant house – 795± sq. ft. with aluminum siding with adjacent storage sheds
The climate in the Crane area is best described as semi-arid with total annual precipitation of eight to ten inches. This part of eastern Oregon generally enjoys four seasons with open winters in the valley bottoms and heavy snowfall in the higher elevations. The average daytime high from December through February (the coldest months of the year) is 40 degrees. The average winter low is about 20 degrees. Summers are warm with temperatures consistently reaching the upper 80s and low 90s during July and August and cooling to the low 50s at night.
McEwen Ranch and Cattle Company is a well-managed, highly productive year-round cow/calf operation focused on premium beef production. Under current ownership, the ranch rates at 1,625± animal units made up of 1,525± breeding cows and 100± bulls and offers significant management flexibility because of its overall size and configuration. McEwen calves are vigorous, hearty and well-suited to thrive in eastern Oregon’s high desert environment. The owner has been committed to developing high quality genetics, and as part of this program the ranch purchases quality bred heifers to supplement breeding stock rather than holding over replacement heifers. The ranch purchases registered Black Angus bulls focusing on growth and carcass characteristics. As a result, weaning weights continue to increase and calves perform well in the feedlot and grade well on the rail. Calves are verified natural, non-hormone treated (NHTC) and global animal partnership (GAP) certified. The McEwen cattle herd is available for purchase, and by acquiring the herd one could take advantage of the current owner’s strong commitment to breeding and developing high-quality cattle.
Depending on weather patterns and fall feed conditions, the ranch begins feeding cattle in early December. Bulls winter at the JMK Ranch, while cows typically winter at the McEwen in two to three separate groups and are fed an average of one and a half tons of hay per head. Calving generally begins in February, and feeding continues until all cows and calves are turned out onto grass by April 1st of the following spring.
In a typical year, 1,000 to 1,100 tons of mostly alfalfa hay are harvested at the McEwen Ranch from approximately 400 acres (300± acres under wheel line with the balance flood irrigated by ditch and gated pipe). There are multiple water right certificates from various sources, including South Fork Malheur River, Visher Creek, Cobb Creek, Granite Creek, Hickey Creek, and Swamp Creek. The balance of the ranch’s hay requirements come from the JMK Ranch, where 1,125± acres are irrigated by nine center pivots utilizing water from eight irrigation wells.
The McEwen is divided into approximately 15 large pastures that combine both deeded and federal lands. Cattle utilize and rotate through these pastures from spring through fall. Once cattle come off the federal lands at the end of October, interim fall grazing is available on deeded pastures and aftermath hay fields. Under current management, calves wean in bunches from October through December and are hauled to a feedlot in Brogan, Oregon where they are “warmed up” to shipping weight. Weaning weights in 2015 were in the mid-500s for steers and low 500s for heifers.
It should be noted that the ranch reduced its 2015 cattle numbers due to impacts from the Buzzard Complex wildfire in fall 2014 and is currently running 1,225± cows plus bulls. The majority of the ranch’s BLM allotments were affected by the Buzzard Complex fire and are either closed or under limited use until the 2017 grazing season. The ranch is grazing 280± pairs on three pivots at the JMK to mitigate for the reduction of use on these rangelands. The ranch is expected to have full access to all BLM allotments for the 2017 grazing season.
The ranch holds two BLM grazing permits for 10,555 active animal unit months (AUMs) encompassing nearly 100,000 acres. The bulk of these AUMs are tied to two grazing allotments (McEwen and South Star Mountain). The balance of 1,620 active AUMs are controlled by a second permit covering portions of two allotments (Buck Mountain and Riverside). The season of use on BLM allotments is April 1st through October 31st. BLM allotments are largely managed out of the agency’s district office in Vale. There is also some coordination with BLM out of Burns.
Diverse habitat and expansive and varied terrain support a rich natural environment that is home to abundant elk, deer and antelope along with chukar partridge, California quail and the occasional pheasant. Unlike many other western states, the state of Oregon offers a favorable landowner preference program. In the case of McEwen Ranch and Cattle Company, the landowner could potentially qualify for up to eight elk tags and eight deer tags (and a portion of these are transferable to non-family members). The ranch is in Hunt Unit 66 (Malheur River). Contact the Oregon Department of Fish and Wildlife for more information on this program at www.dfw.state.or.us. Warmwater fishing for largemouth bass and crappie can be found in Cobb and Chapman reservoirs and in the South Fork of the Malheur River. Waterfowl utilize the ranch’s reservoirs, impoundments, and stock ponds throughout the year.
Annual property taxes are approximately $18,715.
The inventory of irrigation, stock water, and storage water rights held by McEwen Ranch and Cattle Company is extensive and includes multiple certificates as well as several active permits and transfers. A complete tabulation of associated water rights is available from Hall and Hall or the website of the Oregon Water Resources Department (www.oregon.gov/OWRD).
This offering involves the sale of the surface rights to the ranch only. Mineral rights to be reserved by the seller at closing.
Situated in the heart of eastern Oregon’s high desert, McEwen Ranch and Cattle Company is a well-managed, profitable legacy ranch that represents one of the largest deeded properties available in the West today. The JMK Ranch unit of McEwen Ranch and Cattle is available for purchase separately for $4,500,000. Please contact Broker or visit Hall and Hall’s website for more information.
(The price for McEwen Ranch and Cattle Company does not include livestock, hay, ranch equipment, or other personal property.)
- Large, profitable cattle and hay ranch in eastern Oregon one hour southeast of Burns
- Encompassing 52,445± deeded acres with multiple adjoining BLM grazing allotments
- Running 1,225± cows plus bulls with capacity for 1,525± cows
- Producing excess hay on 1,500± acres, including 1,125± acres under nine center pivots
- Numerous water features and improvements providing abundant water for irrigation, livestock, wildlife, and recreation
- Modest but practical livestock and ranch facilities
- Excellent big game hunting, wing shooting, and largemouth bass fishing
- Year-round access on paved highways and good gravel roads
- Annual property taxes are approximately $20,000
- This offering involves the sale of the surface rights to the ranch only. Mineral rights to be reserved by the seller at closing.
- Cattle, hay, and machinery are not included in the offering price but available for purchase
MANAGEMENT SERVICES – Hall and Hall’s Management Division has a very clear mission–to represent the owner and to ensure that his or her experience is a positive one. Services are customized to suit the owner’s needs. They often begin with the recruiting and hiring of a suitable ranch manager or caretaker and are followed by the development of a management or operating plan along with appropriate budgets. Ongoing services include bill paying, ranch oversight, and consulting services as needed. Even the most sophisticated and experienced ranch owners appreciate the value of a management firm representing them and providing advice on local area practices and costs. Wes Oja and Jerome Chvilicek at (406) 656-7500 or Justin Bryan at (325) 260-5883 are available to describe and discuss these services in detail and welcome your call.
RESOURCE ENHANCEMENT SERVICES – Increasingly the value of a ranch is measured by the quality of each and every one of its resources. Coincidentally, the enhancement of a ranch’s resources also increases the pleasure that one derives from the ownership of a ranch. Our management services have included the assessment of everything from wildlife habitat to bird habitat to water resources and fisheries and the subsequent oversight of the process involved with the enhancement of these resources.Wes Oja, Jerome Chvilicek or Dan Bergstrom at (406) 656-7500 or Justin Bryan in our Abilene office at (325) 260-5883 are available to describe and discuss these services in detail and welcome your call.
AUCTIONS - Hall and Hall Auctions offer “Another Solution” to create liquidity for the owners of Investment-Quality Rural Real Estate. Our auction team has experience in marketing farmland, ranchland, timberland and recreational properties throughout the nation. Extreme attention to detail and complete transparency coupled with Hall and Hall’s “Rolodex” of more than 40,000 targeted owners and buyers of rural real estate help assure that there are multiple bidders at each auction. In addition, the unique Hall and Hall partnership model creates a teamwork approach that helps to assure that we realize true market value on auction day. For more information on our auction services contact Scott Shuman at (800) 829-8747.
APPRAISALS - Staying abreast of ancillary market influences in ever-changing economic conditions requires a broad professional network to tap into. Finding an appraiser who not only understands the numbers but also the differences in value from one area to another is a critical part of making an informed decision. The appraisal team at Hall and Hall, formed entirely of Accredited Members of the American Society of Farm Managers and Rural Appraisers (ASFMRA), has that critical network of brokers and lending professionals. This professional network coupled with diverse experience across multiple regions and market segments allows our appraisal team to deliver a quality product in a reasonable timeframe. For more information contact our appraisal team at (406) 656-7500.
SPECIALIZED LENDING - Since 1946 Hall and Hall has created a legacy by efficiently providing capital to landowners. In addition to traditional farm and ranch loans, we specialize in understanding the unique aspects of placing loans on ranches where value may be influenced by recreational features, location and improvements and repayment may come from outside sources. Our extensive experience and efficient processing allows us to quickly tell you whether we can provide the required financing.
Competitive Pricing | Flexible Terms | Efficient Processing
Dave Roddy • (406) 656-7500
Mike Hall or Judy Chirila • (303) 861-8282
Monte Lyons • (806) 698-6882
J.T. Holt • (806) 698-6884
REPRESENTATION OF BOTH BUYER AND SELLER
INITIAL AGENCY DISCLOSURE PAMPHLET
ORS 696.815 (1) authorizes a real estate licensee to represent both the seller and the buyer in a real estate transaction under a disclosed limited agency agreement, provided there is full disclosure of the relationship under the agreement. Oregon Administrative Rules (OARs) adopted by the Agency provide the form and content of the disclosures and the related pamphlet. OAR 863-015-0215 is set forth below for the convenience of licensees. The material after the broken line can be copied and used as the required Initial Agency Disclosure Pamphlet.
Initial Agency Disclosure Pamphlet
- An agent shall provide a copy of the Initial Agency Disclosure Pamphlet provided for in section (4) of this rule at first contact with each represented party to a real property transaction, including but not limited to contacts in-person, by telephone, over the Internet or World Wide Web, or by electronic mail, electronic bulletin board or a similar electronic method.
- An agent need not provide a copy of the Initial Agency Disclosure Pamphlet to a party who has, or may be reasonably assumed to have, already received a copy of the pamphlet from another agent.
- "First contact with a represented party" means contact with a person who is represented by a real estate licensee or can reasonably be assumed from the circumstances to be represented or seeking representation.
- The Initial Agency Disclosure Pamphlet shall be printed in substantially the following form:
INITIAL AGENCY DISCLOSURE PAMPHLET (OAR 863-015-215(4))
This pamphlet describes agency relationships and the duties and responsibilities of real estate licensees in Oregon. This pamphlet is informational only and neither the pamphlet nor its delivery to you may be construed to be evidence of intent to create an agency relationship.
Real Estate Agency Relationships
An "agency" relationship is a voluntary legal relationship in which a real estate licensee (the "agent") agrees to act on behalf of a buyer or a seller (the "client") in a real estate transaction. Oregon law provides for three types of agency relationships between real estate agents and their clients:
Seller's Agent -- Represents the seller only;
Buyer's Agent -- Represents the buyer only;
Disclosed Limited Agent -- Represents both the buyer and seller, or multiple buyers who want to purchase the same property. This can be done only with the written permission of both clients.
The actual agency relationships between the seller, buyer and their agents in a real estate transaction must be acknowledged at the time an offer to purchase is made. Please read this pamphlet carefully before entering into an agency relationship with a real estate agent.
Duties and Responsibilities of an Agent Who Represents Only the Seller or Only the Buyer
Under a written listing agreement to sell property, an agent represents only the seller unless the seller agrees in writing to allow the agent to also represent the buyer. An agent who agrees to represent a buyer acts only as the buyer's agent unless the buyer agrees in writing to allow the agent to also represent the seller. An agent who represents only the seller or only the buyer owes the following affirmative duties to their client, other parties and their agents involved in a real estate transaction:
- To exercise reasonable care and diligence;
- To deal honestly and in good faith;
- To present all written offers, notices and other communications in a timely manner whether or not the seller's property is subject to a contract for sale or the buyer is already a party to a contract to purchase;
- To disclose material facts known by the agent and not apparent or readily ascertainable to a party;
- To account in a timely manner for money and property received from or on behalf of the client;
- To be loyal to their client by not taking action that is adverse or detrimental to the client's interest in a transaction;
- To disclose in a timely manner to the client any conflict of interest, existing or contemplated;
- To advise the client to seek expert advice on matters related to the transactions that are beyond the agent's expertise;
- To maintain confidential information from or about the client except under subpoena or court order, even after termination of the agency relationship; and
- When representing a seller, to make a continuous, good faith effort to find a buyer for the property, except that a seller's agent is not required to seek additional offers to purchase the property while the property is subject to a contract for sale. When representing a buyer, to make a continuous, good faith effort to find property for the buyer, except that a buyer's agent is not required to seek additional properties for the buyer while the buyer is subject to a contract for purchase or to show properties for which there is no written agreement to pay compensation to the buyer's agent.
None of these affirmative duties of an agent may be waived, except #10, which can only be waived by written agreement between client and agent.
Under Oregon law, a seller's agent may show properties owned by another seller to a prospective buyer and may list competing properties for sale without breaching any affirmative duty to the seller. Similarly, a buyer's agent may show properties in which the buyer is interested to other prospective buyers without breaching any affirmative duty to the buyer.
Unless agreed to in writing, an agent has no duty to investigate matters that are outside the scope of the agent's expertise.
Duties and Responsibilities of an Agent Who Represents More than One Client in a Transaction
One agent may represent both the seller and the buyer in the same transaction, or multiple buyers who want to purchase the same property only under a written "Disclosed Limited Agency" agreement, signed by the seller, buyer(s) and their agent.
When different agents associated with the same real estate firm establish agency relationships with different parties to the same transaction, only the principal broker (the broker who supervises the other agents) will act as a Disclosed Limited Agent for both the buyer and seller. The other agents continue to represent only the party with whom the agent already has an established agency relationship unless all parties agree otherwise in writing. The supervising principal broker and the agents representing either the seller or the buyer have the following duties to their clients:
- To disclose a conflict of interest in writing to all parties;
- To take no action that is adverse or detrimental to either party's interest in the transaction; and
- To obey the lawful instruction of both parties.
An agent acting under a Disclosed Limited Agency agreement has the same duties to the client as when representing only a seller or only a buyer, except that the agent may not, without written permission, disclose any of the following:
- That the seller will accept a lower price or less favorable terms than the listing price or terms;
- That the buyer will pay a greater price or more favorable terms than the offering price or terms; or
- In transactions involving one-to-four residential units only, information regarding the real property transaction including, but not limited to, price, terms, financial qualifications or motivation to buy or sell.
No matter whom they represent, an agent must disclose information the agent knows or should know that failure to disclose would constitute fraudulent misrepresentation. Unless agreed to in writing, an agent acting under a Disclosed Limited Agency agreement has no duty to investigate matters that are outside the scope of the agent's expertise.
You are encouraged to discuss the above information with the agent delivering this pamphlet to you. If you intend for that agent, or any other Oregon real estate agent, to represent you as a Seller's Agent, Buyer's Agent, or Disclosed Limited Agent, you should have a specific discussion with him/her about the nature and scope of the agency relationship. Whether you are a buyer or seller, you cannot make a licensee your agent without their knowledge and consent, and an agent cannot make you their client without your knowledge and consent.
NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.