A new Oregon law going into effect August 1st, 2010 requires that if you have a wood stove in your home and you are going to be selling your home, that it be certified. Because of the level of pollution uncertified wood stoves emit, in addition to the health risks for children & the elderly, (think asthma, heart conditions, respiratory illnesses etc.), the law was established to help homeowners burn more efficiently and with less pollution. In addition, the new law requires that the stove be uninstalled and destroyed. Yes….Destroyed. So make sure you are fully up to speed on the requirements, paperwork and processes to meet this new rule when you list your home to sell.
Here is a brief Q & A of some of the questions that will pop up in this new regulation. For more details please refer to DEQ’s website http://www.deq.state.or.us/aq/burning/woodstoves/index.htm
For Home Sellers
How do I determine if my woodstove or fireplace insert is certified?
You can tell if your device is certified by looking on the back for a certification sticker from Oregon DEQ or the U.S. Environmental Protection Agency (EPA). This label indicates it is certified to comply with particulate emission standards. A safety label (from U.L. or other safety-listing agency) is not the same as DEQ or EPA certification. You can also check EPA’s list of certified woodstoves to see if your wood heating device is listed.

My stove does not have a label, can I get it certified?
No. Certification is only completed by stove manufacturers when introducing a new model line. To meet certification requirements, stoves must have pollution control systems built into the device.
What if I can’t access the back of my stove? What do I do if the label has worn off?
You can look up the model number of your stove on EPA’s certified woodstove list. You can also try to call the manufacturer of the stove to determine if it was certified.
How do I remove and destroy my uncertified stove?
You can remove it yourself or contact your local woodstove retailer or chimney sweep who may be able to remove and destroy the stove for you. If you choose to remove your uncertified device take it to your local metal scrap recycler or landfill to make sure it is properly disposed and destroyed. Just be sure that you get a receipt from the contractor or business that takes your stove. Your receipt is proof of the stove’s destruction and part of your notification to DEQ.
How do I notify the DEQ that I have removed and destroyed my stove?
Beginning August 1, 2010 you can submit a disclosure form to DEQ online. The form will be posted here August 1, 2010. You will also have the option to mail the form in paper form to DEQ – Heat Smart Program, 811 SW Sixth Ave, Portland, OR 97204.
For Home Buyers
- If the homeowner/seller has an uncertified woodstove device in any building on the residential property being sold, he or she must remove and destroy it before the close of sale.
- The seller must also give you, the buyer, the seller’s disclosure form indicating whether there is a wood burning device on the property.
- It is the seller’s responsibility to remove the uncertified wood burning device unless you and the seller agree that you, the buyer, will be responsible for removing the stove. If so, you must remove and destroy the uncertified wood burning device within 30 days after the closing date of sale.
- The buyer should also:
- Get a receipt indicating you have destroyed the stove.
- Submit the notification form to DEQ
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I love working with my first time home buyers. There is nothing like walking newbies through the process of buying their first home start to finish. With my new clients, we set out this past weekend with a list of 15 homes in hand to check out. Their criteria is:
- Under $300k
- Reasonable commute to Intel
- No remodeling needed
- Hopefully 3 car garage, but not a deal breaker if not
- Tigard, Aloha, Hillsboro, Beaverton are the target areas–Cooper & Sexton Mtn areas specifically.
With each seller competing for similar buyers, we were stymied at the fact that out of 13 homes we went into—only 1 had an updated kitchen. And by ‘updated kitchen’ I don’t mean granite tiles on 1980’s old oak cabinets, or tossing in stainless steel appliances with dark, 1970’s decor… There was not one home with updated bathrooms and many of them had original carpeting that was really worn.
All it takes for any buyer is 1 home. In this market—with so many homes not updated, it is not hard to be a standout–. As I tell my sellers and my buyers, this market is best house at best price…..and buyers are educated and savvy. They spend hours at 2am on line checking out what their options are. Sellers must be equally savvy and realize that if their home is priced right and is the best on the market—it will sell—simply because in comparison buyers will see that it’s the best and snap it up. We’re not talking genius here.
Instead, the competition that we experienced….was for title of ‘which house is worse’….not good. We’re heading out again this weekend…and we have a deadline to be in contract–my clients are pre-approved, motivated and ready. All it’s going to take is one seller’s home that is ready to go—and they’ll have themselves a happy buyer.
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Why I Don’t Do Dual Agency
One of the many reasons I left 18 years of Corporate HR and began building my career in Real Estate was simply because I believed it could be done really well. For me, that also means going about the business of real estate in ways that may differ from the ‘norm’.
The law of agency in real estate clearly delineates in any one transaction–whom I serve i.e. either I work for my buyers or I work for my sellers–this is Singular Agency. For the agent that takes care of both parties in one transaction–it’s called Dual Agency. And here is where I peel away from the pack.
My core responsibility is to represent solidly–my client–whether they be a buyer or a seller. And much to the shock (and appreciation) of my clients–I will not (even though it’s allowed) represent the buyer and seller in the same transaction. No matter how high my level of confidentiality, no matter how effective I am at working with people toward the same goal…. I do not believe it is in my client’s best interest that I agree to dual agency. Put another way, how would you feel in your gut if the professional working for you, brokering and negotiating the most valuable asset you have, asks you to approve in writing, them also working for the other party in the same transaction. Uneasy? Really uneasy? Yeup, me too.
One client even pursued it to the point “so if you list our house and a buyer without a Realtor wants to make an offer on our house and we’re your sellers, you are saying that you’d refer that buyer to another agent for this transaction and forgo the extra money?”
Yes, that is exactly what I am saying.
I prize every buyer and seller that I get to meet and protect them with ferocity so obviously I’m going to make sure they are referred and well taken care of by a Realtor who has the same work ethic as mine. And yes, I will walk away from the additional income that would come from practicing dual agency. Real Estate is about way more than a paycheck. My clients simply deserve my full undivided attention and the expert representation I give them. This is one example of how I go about the real business of Real Estate…
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