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Oklahoma Residential Property Condition Disclosure Act
What Every Home Buyer and Seller Needs to Know
If you are buying or selling a home in Oklahoma, the transaction is subject to the Oklahoma Residential Property Condition Disclosure Act (60 OS 831). This Oklahoma real estate disclosure law requires sellers to disclose known defects in the property. The Act is an exception to the common law rule of caveat emptor or “buyer beware.”
The disclosure is required if the seller is represented by a realtor. If the seller is not represented by a realtor, the disclosure is only required if the buyer requests it. The disclosure may be a Disclaimer Statement or a Disclosure Statement.
Disclaimer vs. Disclosure Statement
A Disclaimer Statement states that the seller has never occupied the property, makes no disclosures about its condition, and has no actual knowledge of any defects.
A Disclosure Statement identifies items and improvements included in the sale, whether they are in working order, and whether the seller has actual knowledge of defects such as:
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- Water, sewer, and drainage systems
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- This includes the source of household water, water treatment systems, sprinkler systems, occurrence of water in the heating and air conditioning ducts, water seepage or leakage, drainage or grading problems and flood zone status.
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- Roof, foundation, walls, basements, or other structural systems
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- Electrical, plumbing, and HVAC systems
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- Termite or pest damage
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- Fire, tornado, or flood damage
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- Land use matters
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- Hazardous materials or environmental concerns
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- Prior methamphetamine manufacturing
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- Any other known defects
Property Defects Under the Act
A defect is any condition that materially affects the property’s value or the health and safety of future occupants. Sellers who knowingly fail to disclose such defects may face liability under the Residential Property Condition Disclosure Act.
Violations of the Residential Property Condition Disclosure Act
If the Act is violated, buyers may file a real estate dispute in District Court when:
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- The seller failed to provide a disclaimer or disclosure before accepting an offer.
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- The seller failed to disclose a defect they knew about.
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- A real estate licensee failed to disclose a known defect not included in the disclosure.
The buyer’s remedy is limited to actual damages, usually the cost of repairs. Punitive damages are not available. Cases must be filed within two years after the property transfer, and the prevailing party may recover court costs and attorney fees.
Some transactions are excluded from the Act, such as newly constructed, unoccupied homes, transfers between co-owners, or transfers between spouses in a divorce.
When to Involve an Oklahoma Real Estate Attorney
At Ball Morse Lowe, our attorneys focus on significant real estate disputes with damages of $50,000 or more. We set this threshold because:
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- Protecting Clients from High Legal Fees – Complex litigation often costs more than the recovery in cases under $50,000.
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- Minimizing Emotional Toll – Court battles are stressful, and in smaller disputes, the cost can outweigh the benefit.
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- Ensuring True Value – For larger cases involving substantial repair costs, high-value property, or major contractual breaches, hiring a skilled property dispute lawyer or real estate dispute lawyer is both practical and necessary.
In short, we don’t want our clients to spend more on legal fees and emotional stress than they stand to recover.
Contact a Real Estate Lawyer at Ball Morse Lowe
If you are facing a serious real estate dispute involving the Oklahoma Residential Property Condition Disclosure Act or another property disclosure Oklahoma issue, our team is here to help. With years of experience, our Oklahoma real estate attorneys protect clients in high-value property cases.
Schedule a consultation or call 405-701-5355 today to speak with a trusted property dispute lawyer at Ball Morse Lowe.
