Whether there is a home warranty in an Oregon sale, and who pays for it, is set in the sale agreement. Here is how that section works.
If you have bought or sold a home in another state, you may expect one side to pay for a home warranty. In Oregon, whether there is a home warranty at all, and who pays for it, is a choice the buyer and seller make in the sale agreement.
The standard Oregon sale agreement (OREF 001) has a home warranty section, and the printed form does not lean toward the buyer or the seller. What your signed agreement says is what counts. For the other costs that come up at closing, see our guides to closing costs for buyers in Bend and the cost to sell a house in Bend.
Questions
Does Oregon require a home warranty when you buy or sell a home?
No. Oregon's real estate license law and the Oregon Real Estate Agency's rules do not require one. Whether there is a home warranty, and who pays for it, is a choice the buyer and seller make in the sale agreement.
Who pays for a home warranty in Oregon?
Whoever the sale agreement says. The standard Oregon sale agreement has a home warranty section where the parties check whether a plan will be bought for the buyer, write in the plan and its cost, and check whether the buyer or the seller orders and pays for it. The printed form does not lean either way.
Our contract says the buyer pays for the home warranty. Can we change that?
If your signed contract says the buyer pays, that is the deal unless both sides sign a change. Customs from other states do not carry over, so if you want the seller to pay, ask for it in the offer or in a signed addendum.
Is a home warranty the same as the warranties on the seller's disclosure form?
No. Oregon's seller's property disclosure form asks about warranties on specific building materials and products, not about a home warranty plan.
What does a home warranty cover?
That depends on the plan. Your broker can explain the coverage options, and the warranty company can tell you what its plan does and does not cover.
Have a question about your own sale? Talk with a Ryan Realty broker, and we will walk you through it.
Sources
- OREF 001 Residential Real Estate Sale Agreement (Released 01/2026), Section 28 (Home Warranties) and Section 48(b) and (m)
- ORS 105.464, seller's property disclosure statement: Oregon Revised Statutes, chapter 105
- ORS chapter 696, Real Estate and Escrow Activities: Oregon Revised Statutes, chapter 696
- OAR chapter 863, Real Estate Agency: Oregon Administrative Rules, chapter 863
- Oregon Real Estate Agency, Laws and Rules
Matt RyanOwner & Principal Broker at Ryan Realty.



