- Court: Oregon Court of Appeals
- Area(s) of Law: Contract Law
- Date Filed: 08-31-2016
- Case #: A155233
- Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Hadlock, C.J.
- Full Text Opinion
Plaintiff appealed a judgment of the trial court dismissing her claims against Defendants in an action pertaining to a contract for the sale of real property. Plaintiff sued for breach of contract and financial abuse of a vulnerable person. Plaintiff was a permanently disabled woman. Defendants became acquainted with Plaintiff and learned that Plaintiff was looking for a new house and she had $50,000 to purchase a house. Defendants agreed to sell their property with a $37,000 down payment. Approximately a month passed between Plaintiff paying the down payment and signing a contract. Under ORS 105.475, buyers have a right to revoke an agreement for the sale of land if they do not receive a property disclosure statement only until the buyer closes the transaction. The parties disputed when the transaction closed: Plaintiff argued that the transaction did not close until title was transferred to Plaintiff. Oregon courts have decided that installment land sales contracts close when they are signed. Closing of a property transaction does not depend on title being transferred, so Plaintiff's proposed definition of closing was not correct. The trial court did not err in dismissing her complaint. Affirmed.