Human Resource Blog

Oregon Lien Search

In Oregon, is it legal to search for property lien information, and potential current lawsuits for background check purposes? How long does this information stay on your record for background check purposes? How about Credit checks for real estate brokers?

This is an area where you will probably want an attorney’s advice before proceeding. In general, employers are permitted to use credit checks when employees would be in a position of financial responsibility, and that certainly applies to real estate salespersons as well as brokers. Property liens for unpaid taxes or other reasons are a matter of public records, and are included in many background checks. An employer checking for lawsuits and using them to base employment decisions on is more problematic. That’s because in the US, legally, anyone can file a lawsuit against anyone else at any time. People often file lawsuits that have little or no merit. So while it’s probably not illegal for an employer to check them, it’s not wise to use them for employment decisions. Legal judgments against a potential employee is another matter. A legal judgment would indicate that the individual had lost the lawsuit. For example, if a real estate broker had a judgment against him or her related to misappropriation of escrow monies or misrepresentation of property, that would be a legitimate concern for the employer.