The HUD Santa Ana Homeownership Center has advised that
HUD is exempt from the Carbon Monoxide detector requirements for the state of Oregon.
Therefore, HUD will not be in charge of installing carbon monoxide detectors on any of the Oregon HUD properties. They are also exempt from the Oregon Smoke Detector requirements.
The following disclosure will be added to the Agent Remarks in MLS as room allows:
Seller (HUD) is exempt from the Oregon State law requiring Carbon Monoxide & Smoke detectors be installed on homes prior to close of escrow. Buyer will assume responsibility.
For new listings, I will utilize an MLS Addendum to include include the following disclosure:
Oregon State law requires Carbon Monoxide detectors be installed for properties having combustible fuel heaters/furnaces, fireplaces, hot water heaters, clothes dryers, cooking appliances, etc., but seller (HUD) is exempt from this requirement as a Federal Entity.
Although the Addendum is not part of the contract paperwork sent to HUD, I will be having any buyers I represent sign the addendum to show they have seen and understand the detectors will not be installed and why. I will also be adding verbage to include smoke detectors.
I know this becomes a point of contention in HUD and distressed property sales. Hopefully having advance notice in writing will help prepare our buyers and ourselves and avoid a surprise right before close.
As always, feel free to call or email with quesitons!