Oklahoma § 16-303 - Qualifications — Application

§ 16-303. Qualifications — Application

A. A service agreement is unfair under this act if any part of

the service subject to the agreement is not to be performed within

one (1) year after the time it is entered into or automatically

renews after a one (1) year agreement timeframe and has any of the

following characteristics:

1. Purports to run with the land or to be binding on future

owners of interests in the real property;

2. Allows for assignment of the right to provide service

without notice to and consent of the owner of residential real

estate; or

3. Purports to create a lien, encumbrance, or other real

property security interest.

B. This act does not apply to:

1. A home warranty or similar product that covers the cost of

maintenance of a major home system, such as plumbing, HVAC or

electrical wiring for a fixed period;

2. An insurance contract;

3. An option or right of refusal to purchase the residential

real estate;

4. A declaration created in the formation of a common-interest

community or an amendment thereto;

5. A maintenance or repair agreement entered by an owners'

association in a common-interest community;

6. A mortgage loan or a commitment to make or receive a

mortgage loan;

7. A security agreement under the Uniform Commercial Code

relating to the sale or rental of personal property or fixtures; or

8. Water, sewer, electrical, telephone, cable, or other

regulated utility service providers.

C. This act does not impair any lien right granted pursuant to

Oklahoma law.

Added by Laws 2024, c. 148, § 3, eff. Nov. 1, 2024.