§ 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,

e.major fire or tornado damage,

f.land use matters,

g.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.