0 chapters · 1,688 sections in this title.
59 O.S. § 858-303A Eligibility for license as a broker associate
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A. Applicants for a broker associate license shall meet the following requirements: 1. Hold a renewable broker associate or sales associate license and have two (2) years’ active licensure within the previous five (5) years as a sales associate or provisional sales associate, or …
59 O.S. § 858-303B Accounting of expenditure for services
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Any real estate broker who charges and collects any fees in advance of the services provided by the broker shall provide a detailed accounting of expenditures to the person such services are performed for within ten (10) days after the time specified to perform such services or u…
59 O.S. § 858-304 Evidence of successful completion of basic or advanced
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real estate instruction - Syllabus of instruction. A. A certified transcript from an institution of higher education, accredited by the Oklahoma State Regents for Higher Education or the corresponding accrediting agency of another state, certifying to the successful completion of…
59 O.S. § 858-305 Licensing of associations, corporations and
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partnerships - Registration of brokerage teams. A. The Oklahoma Real Estate Commission may license as a broker any association or corporation in which the managing member or managing officer holds a license as a real estate broker, as defined in this Code, and in which every memb…
59 O.S. § 858-306 Licensing of nonresidents
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A. Any person who desires to perform licensed activities in Oklahoma but maintains a place of business outside of Oklahoma may obtain an Oklahoma nonresident license by complying with all applicable provisions of this Code including the successful completion of the applicable Okl…
59 O.S. § 858-307.1 Issuance of license - Term - Fees
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The Oklahoma Real Estate Commission shall issue every real estate license for a term of thirty-six (36) months with the exception of a provisional sales associate license whose license term shall be for twelve (12) months. License terms shall not be altered except for the purpose…
59 O.S. § 858-307.2 Renewal of license - Continuing education
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requirement. A. Beginning November 1, 2004, as a condition of renewal or reactivation of a real estate license, each licensee with the exception of those exempt as set out in this section shall submit to the Oklahoma Real Estate Commission evidence of completion of a specified nu…
59 O.S. § 858-307.3 Application for reissuance of license after
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revocation. A person shall not be permitted to file an application for reissuance of a license after revocation of the license within five (5) years of the effective date of revocation. Added by Laws 1994, c. 149, § 5, eff. July 1, 1995. Amended by Laws 2024, c. 159, § 10, eff. N…
59 O.S. § 858-307.4 Criminal history record - Investigation - Costs
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A. Prior to the issuance of a license pursuant to this Code, each applicant shall submit to a national criminal history record check, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes. B. Upon receipt by the Commission of criminal history, the Commission shall cond…
59 O.S. § 858-308 Current list of licensees
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In the interest of the public, the Commission shall keep a current list of the names and addresses of all licensees, and of all persons whose licenses have been suspended or revoked, together with such other information relative to the enforcement of the provisions of this Code a…
59 O.S. § 858-309 Inactive status for licensees
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A. The Commission may place a license on inactive status when the request therefor is accompanied by sufficient reason; however, said status shall not relieve the licensee from paying the required fees. The request for inactive status shall be in writing on forms furnished by the…
59 O.S. § 858-310 Location of office - Licenses for branch offices
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A. A real estate broker shall maintain a specific place of business. Such place of business shall comply with all local laws and shall be available to the public during reasonable business hours. B. If a real estate broker maintains more than one place of business and the additio…
59 O.S. § 858-311 Action not maintainable without allegation and proof
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of license. No person, partnership, association or corporation acting as a real estate licensee shall bring or maintain an action in any court in this state for the recovery of a money judgment as compensation for services rendered in listing, buying, selling, renting, leasing or…
59 O.S. § 858-312 Investigations - Cause for suspension or revocation of
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license. The Oklahoma Real Estate Commission may, upon its own motion, and shall, upon written complaint filed by any person, investigate the business transactions of any real estate licensee, and may, upon showing good cause, impose sanctions as provided for in Section 858- 208 …
59 O.S. § 858-312.1 Certain persons prohibited from participation in
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real estate business. A. No person whose license is revoked or suspended shall operate directly or indirectly or have a participating interest, or act as a member, partner or officer, in any real estate business, corporation, association or partnership that is required to be lice…
59 O.S. § 858-313 Confidential materials of the Commission
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The following materials of the Commission are confidential and not public records: 1. Examinations conducted by the Commission and materials related to the examinations; 2. Educational materials submitted to the Commission by a person or entity seeking approval and/or acceptance …
59 O.S. § 858-314 Wholesalers — Required disclosures — Right to
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cancellation. A. A wholesaler shall: 1. Disclose in writing to the homeowner, before the execution of any contract or written agreement, his or her intent to assign or sell his or her equitable interest in the residential real estate for a higher price than what is offered to the…
59 O.S. § 858-351 Definitions
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Unless the context clearly indicates otherwise, as used in Sections 858-351 through 858-363 of The Oklahoma Real Estate License Code and Section 3 of this act: 1. “Broker” means a real estate broker, an associated broker associate, sales associate, or provisional sales associate …
59 O.S. § 858-353 Broker duties and responsibilities
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A. A broker shall have the following duties and responsibilities to all parties in a transaction, which are mandatory and may not be abrogated or waived by a broker: 1. Treat all parties with honesty and exercise reasonable skill and care; 2. Unless specifically waived in writing…
59 O.S. § 858-355.1 Brokerage services to both parties in transaction -
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Disclosure. A. All brokerage agreements shall incorporate as material terms the duties and responsibilities set forth in Section 858-353 of The Oklahoma Real Estate License Code. B. A broker may provide brokerage services to one or both parties in a transaction. C. A broker who i…
59 O.S. § 858-356 Disclosures – Confirmation in writing
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The written disclosures as required by subsection C of Section 858-355.1 of this title shall be confirmed by each party in writing in a separate provision, incorporated in or attached to the contract to purchase, lease, option, or exchange real estate. In those cases where a brok…
59 O.S. § 858-358 Duties of broker following termination, expiration or
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completion of performance. Except as may be provided in a written brokerage agreement between the broker and a party to a transaction, the broker owes no further duties or responsibilities to the party after termination, expiration, or completion of performance of the transaction…
59 O.S. § 858-359 Payment to broker not determinative of relationship
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A. The payment or promise of payment or compensation by a party to a broker does not determine what relationship, if any, has been established between the broker and a party to a transaction. B. In the event a broker receives a fee or compensation from any party to the transactio…
59 O.S. § 858-360 Abrogation of common law principles of agency –
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Remedies cumulative. A. The duties and responsibilities of a broker specified in Sections 858-351 through 858-363 of The Oklahoma Real Estate License Code shall replace and abrogate the fiduciary or other duties of a broker to a party based on common law principles of agency. The…
59 O.S. § 858-361 Use of word “agent” in trade name and as general
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reference. A real estate broker and the associates of a real estate broker are permitted under the provisions of Sections 858-351 through 858- 363 of this title to use the word “agent” in a trade name and as a general reference for designating themselves as real estate licensees.…
59 O.S. § 858-362 Vicarious liability for acts or omissions of real
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estate licensee. A party to a real estate transaction shall not be vicariously liable for the acts or omissions of a real estate licensee who is providing brokerage services under Sections 858-351 through 858-363 of The Oklahoma Real Estate License Code. Added by Laws 1999, c. 19…
59 O.S. § 858-363 Associates of real estate broker - Authority
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Each broker associate, sales associate, and provisional sales associate shall be associated with a real estate broker. Associates shall not enter into a brokerage agreement with a party in the associate’s name and shall only be allowed to enter into the agreement in the name of t…
59 O.S. § 858-364 Notification of the signs and risks of deed theft
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As part of each closing of a transaction, notification of the signs and risks of deed theft, as defined in Section 858-351 of Title 59 of the Oklahoma Statutes, shall be required to be given to the buyer by a licensed real estate broker. The buyer shall confirm receipt of such no…
59 O.S. § 858-401 Penalties - Fines - Injunctions and restraining orders
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- Appeals. A. In addition to any other penalties provided by law, any person unlicensed pursuant to The Oklahoma Real Estate License Code who shall willingly, knowingly, or negligently violate any provision of this Code, upon conviction, shall be guilty of a misdemeanor punishabl…
59 O.S. § 858-402 Administrative fines
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A. The Oklahoma Real Estate Commission may impose administrative fines on any licensee licensed pursuant to The Oklahoma Real Estate License Code as follows: 1. Any administrative fine imposed as a result of a violation of this Code or the rules of the Commission shall not: a. be…
59 O.S. § 858-503 Headings
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Article and section headings contained in this Code shall not affect the interpretation of the meaning or intent of any provision of this Code. Laws 1974, c. 121, § 503, operative July 1, 1974.
59 O.S. § 858-513 Psychologically impacted real estate - Factors
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included - Nondisclosure of facts - Certain actions prohibited - Disclosure in certain circumstances. A. The fact or suspicion that real estate might be or is psychologically impacted, such impact being the result of facts or suspicions, including but not limited to: 1. That an o…
59 O.S. § 858-514 Registered sex offenders or violent crime offenders -
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No duty to provide notice regarding. The provisions of the Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act shall not be construed as imposing a duty upon a person licensed under the Oklahoma Real Estate License Code to disclose any infor…
59 O.S. § 858-515.1 Size of property for sale
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A. In connection with any real estate transaction, the size or area, in square footage or otherwise, of the subject property shall not be required to be provided by any real estate licensee, and if provided, shall not be considered any warranty or guarantee of the size or area in…
59 O.S. § 858-515.2 Violation of duty to disclose source of information
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- Damages. A. If a real estate licensee has provided any third-party information, as defined in paragraph 2 of subsection B of Section 1 of this act, to any party to a real estate transaction concerning size or area of the subject real property, a party to the real estate transac…
59 O.S. § 858-601 Creation - Status - Appropriation - Expenditures - Use
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of funds - Eligibility to recover. A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Real Estate Commission to be designated "Oklahoma Real Estate Education and Recovery Fund". The fund shall consist of monies received by the Oklahoma Real Estate …
59 O.S. § 858-602 Additional fee - Disposition
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A. An additional, nonrefundable fee as promulgated by rule by the Commission shall be added to and payable with the license fee for both new licenses and renewals of licenses for each licensee as provided in Section 858-307.1 of this title. Such additional fee shall be deposited …
59 O.S. § 858-603 Eligibility to recover from fund - Ineligibility
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A. Any claimant shall be eligible to seek recovery from the Oklahoma Real Estate Education and Recovery Fund if the following conditions have been met: 1. An action has been filed in district court based upon a violation specified in the Oklahoma Real Estate License Code; 2. The …
59 O.S. § 858-604 Application for payment - Amount - Assignment of
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rights, etc. - Insufficient funds - Revocation of licenses. A. Any claimant who meets all of the conditions prescribed by this act may apply to the Commission for payment from the Oklahoma Real Estate Education and Recovery Fund, in an amount equal to the unsatisfied portion of t…
59 O.S. § 858-605 Expenditure of funds
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At any time when the total amount of monies deposited in the Oklahoma Real Estate Education and Recovery Fund exceeds Two Hundred Fifty Thousand Dollars ($250,000.00), the Commission in its discretion may expend such excess funds each fiscal year for the following purposes: 1. To…
59 O.S. § 858-621 Short title
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This act shall be known and may be cited as the "Home Inspection Licensing Act". Added by Laws 2001, c. 423, § 1, eff. Nov. 1, 2001.
59 O.S. § 858-622 Definitions
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As used in the Home Inspection Licensing Act: 1. "Board" means the Construction Industries Board; 2. "Committee" means the Committee of Home Inspector Examiners; 3. "Home inspection" means a visual examination of any or all of the readily accessible physical real property and imp…
59 O.S. § 858-623 Exemptions
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A. On and after July 1, 2003, it shall be unlawful for an individual to conduct, for compensation, a home inspection or to advertise or otherwise hold themselves out to be in the business of home inspection in this state unless licensed pursuant to the Home Inspection Licensing A…
59 O.S. § 858-624 Committee of Home Inspector Examiners
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A. There is hereby created the Committee of Home Inspector Examiners under the authority of the Construction Industries Board, which shall consist of seven (7) members who have been residents of this state for at least three (3) years prior to their appointment. Each member shall…
59 O.S. § 858-625 Fees
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Fees for the Home Inspection Licensing Act shall not exceed the following: Approval fees for schools, instructors and home inspection organizations $100.00 Approval fees for educational course content $50.00 Application for license $30.00 Licensure for reciprocity $50.00 Examinat…
59 O.S. § 858-626 Home Inspection Licensing Act Revolving Fund
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There is hereby created in the State Treasury a revolving fund for the Construction Industries Board, to be designated the "Home Inspection Licensing Act Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies …
59 O.S. § 858-627 Rule promulgation - Disciplinary measures - Injunctive
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relief and restraining orders. A. The Committee of Home Inspector Examiners shall advise the Construction Industries Board in promulgating rules consistent with the purposes of the Home Inspection Licensing Act. B. The Construction Industries Board shall promulgate rules includin…
59 O.S. § 858-628 Home inspection instruction
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A. The Committee of Home Inspector Examiners shall not approve any school of home inspection instruction until it has received and examined the curriculum, syllabi or program of instruction of the school or organization conducting or offering the instruction. B. Nothing in the Ho…
59 O.S. § 858-629 Home inspector examination - Application and
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qualifications - Issuance of license. A. Any individual eighteen (18) years of age or older who has successfully completed ninety (90) clock hours of home inspection training or its equivalent as determined by the Committee of Home Inspector Examiners may apply to take a home ins…
59 O.S. § 858-630 Documentation and fees - Issuance, renewal and
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reactivation of license - Insurance. To be licensed as a home inspector, or to renew or reactivate a license, an applicant shall submit to the Construction Industries Board such documents and fees as are required by the Home Inspection Licensing Act or the rules promulgated pursu…