105.490, 696.301 and 696.870 is terminated. ����� (4) If the seller fails or refuses to provide a seller�s property disclosure statement as required under this section, the buyer shall have a right o

105.490, 696.301 and 696.870 is terminated.

����� (4) If the seller fails or refuses to provide a seller�s property disclosure statement as required under this section, the buyer shall have a right of revocation until the right is terminated pursuant to subsection (3) of this section.

����� (5) If the buyer revokes the offer pursuant to this section, notwithstanding ORS 696.581, the buyer is entitled to immediate return of all deposits and other considerations delivered to any party or escrow agent with respect to the buyer�s offer, and the buyer�s offer is void.

����� (6) When the deposits and other considerations have been returned to the buyer, upon the buyer�s signed, written release and indemnification of the holders of the deposits and other considerations, the holders are released from all liability for the deposits and other considerations.

����� (7) Any seller�s property disclosure statement issued by the seller is part of and incorporated into the offer and the acceptance. [1993 c.547 ��2,3; 2003 c.328 �6]

����� 105.480 Representations in disclosure statement; application. (1) The representations contained in a seller�s property disclosure statement and in any amendment to the disclosure statement are the representations of the seller only. The representations of the seller are not representations of:

����� (a) A financial institution that may have made or that may make a loan pertaining to the property covered by a seller�s property disclosure statement, or that may have or take a security interest in the property covered by a seller�s property disclosure statement.

����� (b) A real estate licensee engaged by the seller or buyer.

����� (2) Neither a financial institution nor a real estate licensee is bound by or has any liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in the seller�s property disclosure statement required by ORS 105.465 or any amendment to the disclosure statement. [1993 c.547 �4b; 1997 c.631 �400; 2001 c.300 �69; 2003 c.328 �7]

����� 105.485 Allocation of burden of proof. The burden of proof of lawful delivery of a seller�s property disclosure statement and any amendment thereto is on the seller. The burden of proof of lawful delivery of a notice of revocation of a buyer�s offer is on the buyer. [1993 c.547 �5; 2003 c.328 �8]

����� 105.490 Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies. ORS 105.462 to 105.490, 696.301 and 696.870 do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief. [1993 c.547 �8; 2003 c.328 �9]

ACTIONS AND SUITS FOR NUISANCES

����� 105.505 Remedies available for private nuisance. Any person whose property or personal enjoyment thereof is affected by a private nuisance, may maintain an action for damages therefor. If judgment is given for the plaintiff in the action, the plaintiff may, on motion, in addition to the execution to enforce the judgment, obtain an order allowing a warrant to issue to the sheriff to abate the nuisance. The motion must be made at the term at which judgment is given, and shall be allowed of course, unless it appears on the hearing that the nuisance has ceased or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may proceed to have the defendant enjoined. [Amended by 1979 c.284 �96]

����� 105.510 Procedure for abating a nuisance. Not more than six months after an order to abate is entered under ORS 105.505, the plaintiff may file a request with the clerk of court for the issuance of a warrant to the sheriff that directs the sheriff to abate the nuisance. The sheriff may require that the plaintiff pay all sheriff�s fees required by ORS