The Oklahoma Residential Property Condition Disclosure Act became effective July 1,
1995 and amended on January 1, 2008.
A seller of property located in Oklahoma shall provide a purchaser of their property
either a Disclaimer Statement which means they have never occupied the property and
make no disclosures concerning the condition of the property AND have no actual
knowledge of defects. However if a disclaimer disclosure is not applicable, the seller
shall provide a written property condition disclosure statement.
Many times an investor will purchase a property that needs work. The scope of the work
may vary from cosmetic improvements to complete rehabilitation. If the only
improvements the investor makes is cosmetic improvements, such as painting or putting
in new carpet and they never occupied the property, a disclaimer disclosure might be
appropriate. However in most cases, the investor makes improvements like plumbing
repairs, broken windows, damaged roof and other such “defects”. When a seller does
these types of repairs, a disclaimer disclosure does not apply and the seller must complete
a property condition disclosure.
The seller is to deliver the disclaimer or disclosure statement to the purchaser as soon as
it is practical but before acceptance of an offer to purchase.
The Oklahoma Residential Property Condition Disclosure Act is a state law, not a rule of
the Oklahoma Real Estate Commission, any local real estate board or a local brokerage
Failure to comply with the law is a civil matter, handled in the local court of jurisdiction.
Any action brought under this act shall commence within two years after the date of
transfer of real estate.
There are exemptions to the Act. Common exemptions in Oklahoma are foreclosed
properties, transfer by a fiduciary who is not an owner occupant of the subject property in
the course of the administration of a decedent’s estate and new construction.
For additional information about the Property Condition Act, you can down load a
brochure at http://www.orec.gov or call Charlotte Greganti at 405-209-8597 or email