Oklahoma § 60-833 - Disclaimer and disclosure statements

§ 60-833. Disclaimer and disclosure statements

A. A seller of property located in this state shall deliver, or

cause to be delivered, to the purchaser of such property one of the

following:

1. A written property disclaimer statement on a form

established by rule by the Oklahoma Real Estate Commission which

states that the seller:

a.

has never occupied the property and makes no

disclosures concerning the condition of the property,

and

b.

has no actual knowledge of any defect; or

2. A written property condition disclosure statement on a form

established by rule by the Oklahoma Real Estate Commission which

shall include the information set forth in subsection B of this

section.

B. 1. The disclosure statement shall include an identification

of items and improvements which are included in the sale of the

property and whether such items or improvements are in normal

working order. The disclosures required shall also include a

statement of whether the seller has actual knowledge of defects or

information in relation to the following:

a.

water and sewer systems, including 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,

b.

structural systems, including the roof, walls, floors,

foundation and any basement,

c.

plumbing, electrical, heating and air conditioning

systems,

d.

infestation or damage of wood-destroying organisms,

Oklahoma Statutes - Title 60. Property

e.

f.

g.

major fire or tornado damage,

land use matters,

existence of hazardous or regulated materials and

other conditions having an environmental impact,

h.

existence of prior manufacturing of methamphetamine,

i.

any other defects known to the seller, and

j.

other matters the Oklahoma Real Estate Commission

deems appropriate.

2. The disclosure statement shall include the following notices

to the purchaser in bold and conspicuous type:

a.

"The information and statements contained in this

disclosure statement are declarations and

representations of the seller and are not the

representations of the real estate licensee.",

b.

"The information contained in this disclosure

statement is not intended to be a part of any contract

between the purchaser and the seller.", and

c.

"The declarations and information contained in this

disclosure statement are not warranties, express or

implied of any kind, and are not a substitute for any

inspections or warranties the purchaser may wish to

obtain."

C. Either the disclaimer statement or the disclosure statement

required by this section must be completed, signed and dated by the

seller. The date of completion on either statement may not be more

than one hundred eighty (180) days prior to the date of receipt of

the statement by the purchaser.

D. The Oklahoma Real Estate Commission shall develop by rule

the forms for the residential property condition disclaimer and the

residential property condition disclosure statement. After

development of the initial forms, the Oklahoma Real Estate

Commission may amend by rule the forms as is necessary and

appropriate.

Such forms shall be made available upon request irrespective of

whether the person requesting a disclaimer or disclosure form is

represented by a real estate licensee.

Added by Laws 1994, c. 198, § 3, eff. July 1, 1995. Amended by Laws

2003, c. 52, § 1, eff. Nov. 1, 2003.