Oklahoma § 1-32 - Abstracts and other documents to be provided without delay Valid order therefor - Failure to furnish - Penalties - Exclusions

§ 1-32. Abstracts and other documents to be provided without delay Valid order therefor - Failure to furnish - Penalties - Exclusions

A. All abstractors shall furnish abstracts, abstract

extensions, supplemental abstracts or final title reports as

desired, to the persons applying therefor, in the order of receipt

of a valid order therefor, without unnecessary delay, and for

reasonable compensation pursuant to the requirements of the Oklahoma

Abstractors Act. A valid order is a written order from the person

applying for the order who is a party to the transaction containing

the following elements:

1. A complete and accurate legal description or a complete and

accurate address, as applicable;

2. The availability of any necessary base abstract; and

3. An up-front commitment to pay for the order either upon

delivery or other payment conditions agreed to by the parties to the

transaction or a stated cancellation fee amount.

B. Failure of an abstractor to furnish an abstract, abstract

extension, supplemental abstract or final title report within the

following time periods shall constitute unnecessary delay, unless

the Board has previously determined the existence of extenuating

circumstances:

1. For furnishing new abstracts:

a.

unplatted: twenty (20) business days, and

b.

platted: fifteen (15) business days; and

2. For furnishing an abstract extension, supplemental abstract

or final title report:

a.

unplatted: seventeen (17) business days, and

b.

platted: twelve (12) business days.

Oklahoma Statutes - Title 1. Abstracting

C. All licensed abstractors and certificate of authority

holders, whose business is hereby declared to stand upon a like

footing with that of common carriers, who shall refuse to do so,

upon receipt of a valid order for the abstract, abstract extension,

supplemental abstract or final title report, shall be subject to the

following:

1. A civil penalty not less than Five Hundred Dollars ($500.00)

nor more than Two Thousand Dollars ($2,000.00) for each occurrence;

2. Liability in any action for damages, loss or injury which

any person may suffer or incur by reason of failure to furnish such

abstract, abstract extension, supplemental abstract or final title

report pursuant to the provisions of this section. This penalty may

be enforced in the same manner in which civil judgments may be

enforced; and

3. Any administrative penalties and fines enforced by the

Oklahoma Abstractors Board.

D. The provisions of this section shall not apply to orders for

abstracts on oil, gas, and other minerals.

E. In the event a holder of a certificate of authority is

unable to comply with the requirements of this section due to

extenuating circumstances, the holder of the certificate shall

notify the Board within five (5) business days of the receipt of

orders that cannot be furnished within the time specified in this

section. The Board shall respond to the holder within three (3)

business days to resolve the delay and establish alternatives for

the timely delivery of abstracts.

F. For the purposes of this section, “extenuating

circumstances” include but are not limited to a catastrophic event

such as fire, tornado, pandemic, death, or the receipt of a large

multiple tract order such as an energy related project.

Added by Laws 1984, c. 163, § 11, eff. Nov. 1, 1984. Amended by

Laws 2006, c. 269, § 5, eff. July 1, 2007; Laws 2007, c. 359, § 13,

eff. Jan. 1, 2008. Renumbered from Title 74, § 227.20 by Laws 2007,

c. 359, § 22, eff. Jan. 1, 2008. Amended by Laws 2024, c. 348, § 2.