reglab/housing_qa huggingface dataset:
15 OK Stat § 15-763 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-763. Effect on other remedies.

|The remedies in this act are in addition to and not in derogation of remedies otherwise available under state or local law to the Attorney General. |Laws 1972, c. 227, § 13, operative Sept. 1, 1972.
15 OK Stat § 15-765.1 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-765.1. Short title - Construction of violations.

|Sections 3 through 5 of this act shall constitute a part of the Oklahoma Consumer Protection Act and shall be known and may be cited as the "Home Repair Fraud Act". |Any violation of the Home Repair Fraud Act shall constitute an unlawful business practice and shall be subject to the provisions of the Oklahoma Consumer Protection Act.Added by Laws 1988, c. 161, § 3, eff. Nov. 1, 1988.
15 OK Stat § 15-765.2 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-765.2. Definitions - Application of act.

|A. As used in the Home Repair Fraud Act: |1. "Home repair" means the fixing, replacing, altering, converting, modernizing, improving of or the making of an addition to any real property primarily designed or used as a residence.Home repair shall include, but not be limited to, the construction, installation, replacement or improvement of driveways, swimming pools, porches, roofs, siding, kitchens, chimneys, chimney liners, garages, outbuildings or storage sheds, fences, fallout shelters, air conditioning systems, heating systems, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, floor or attic bracing, moisture control, and other improvements to residential structures or upon the land adjacent thereto.Home repair shall not include the sale, installation, cleaning or repair of carpets; the sale of goods or materials by a merchant who does not directly or through a subsidiary perform any work or labor in connection with the installation or application of the goods or materials; the repair, installation, replacement or connection of any home appliance including but not limited to disposals, refrigerators, ranges, garage door openers, television antennas, washing machines, telephones or other home appliances when the person replacing, installing, repairing or connecting such home appliance is an employee or agent of the merchant that sold the home appliance; or landscaping; and2. "Residence" means a single or multiple family dwelling, including but not limited to a single family home, apartment building, condominium, duplex or townhouse which is used or intended to be used by its occupants as their dwelling place.B. Nothing in the Home Repair Fraud Act shall be construed to apply to original construction of single or multiple family residence.Added by Laws 1988, c. 161, § 4, eff. Nov. 1, 1988. Amended by Laws 1997, c. 16, § 1, eff. Nov. 1, 1997.
15 OK Stat § 15-765.3 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-765.3. Acts constituting fraud.

|A person commits the offense of home repair fraud if the person knowingly or with reason to know: |1. enters into a consumer transaction for home repair and knowingly or with reason to know:a.misrepresents a material fact relating to the terms of the consumer transaction or the preexisting or existing condition of any portion of the property involved, or creates or confirms an impression of the consumer which is false and which the violator does not believe to be true, or promises performance which the violator does not intend to perform or knows will not be performed; orb.uses or employs any deception, false pretense or false promises in order to induce, encourage or solicit such consumer to enter into any consumer transaction; orc.requires payment for the home repair at a price which unreasonably exceeds the value of the services and materials needed for the home repair;2. damages the property of a person with the intent to enter into a consumer transaction for home repair; or3. misrepresents himself or another to be an employee or agent of any unit of the federal, state, county, or municipal government, or an employee or agent of any public utility, with the intent to cause a person to enter into, with himself or another, any consumer transaction for home repair.Added by Laws 1988, c. 161, § 5, eff. Nov. 1, 1988.
15 OK Stat § 15-765.4 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-765.4. Inspection and removal of mold.

|Any person or entity that inspects houses for mold shall not also render service for removing the mold; provided that, if the total cost of the inspection and removal does not exceed Two Hundred Dollars ($200.00), the consumer may consent to the inspection and removal by the same person or entity. |Added by Laws 2004, c. 425, § 1, eff. July 1, 2004.
15 OK Stat § 15-765.5 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-765.5. Short title.

|This act shall be known and may be cited as the “Notice of Opportunity to Repair Act”. |Added by Laws 2006, c. 111, § 1, eff. Nov. 1, 2006.
15 OK Stat § 15-765.6 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-765.6. Construction contracts may include notice and offer to repair provisions.

|A. For the purposes of this section: |1. “Construction defect” means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision or observation of construction or construction of residential improvements that results from any of the following:a.defective material, products or components used in the construction of residential improvements,b.violation of the applicable codes in effect at the time of construction of residential improvements,c.failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements, ord.failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction;2. “Contractor” means a person or entity providing labor, services or materials in the construction of a new residence or alteration of, repair of, or addition to an existing residence; and3. “Residence” means any structure designed and used only for residential purposes, together with all attached and unattached structures, constructed by the contractor, regardless of whether the real property upon which the residence is located was purchased from the contractor. Such term also includes a residence upon which alterations or repairs were performed by the contractor at the direction of the homeowner.B. A contract for the construction of a new residence or for an alteration of, repair of, or addition to an existing residence may include provisions which:1. Require a homeowner, prior to filing a lawsuit for construction defects, to present to the contractor a written notice of construction defects; and2. Allow the contractor to inspect any construction defects and present to the homeowner a written response which shall include the contractor’s offer to repair defects or compensate homeowner for such defects within thirty (30) days after receipt of the notice of defects.If such provisions are included in a contract, the homeowner shall not file a lawsuit against the contractor until the conditions precedent have been fulfilled. In the event the homeowner files a lawsuit against the contractor without fulfilling the conditions precedent, the contractor shall be entitled to a stay of proceedings until such conditions have been fulfilled. If the conditions precedent have been fulfilled, the homeowner may seek remedies against the contractor as provided by law.Added by Laws 2006, c. 111, § 2, eff. Nov. 1, 2006. Amended by Laws 2012, c. 111, § 1, eff. Nov. 1, 2012.
15 OK Stat § 15-766 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-766. Application of closing out provisions.

|The provisions of this act relating to closing out sales shall not apply to any forced sale of goods, wares or merchandise required to be sold under order of any federal or state court, nor to farm sales, community sales or to auction sales of farm or nursery products, nor to the discontinuance of a particular line of goods, wares or merchandise by a person continuing in business at the present location. |Laws 1979, c. 145, § 3.
15 OK Stat § 15-767 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-767. License for closing out sale - Application - Forms - Contents - Affidavits - Fees - Violations.

|A. It shall be unlawful for any person to advertise or conduct a closing out sale unless a license is first obtained to conduct such sale. Any applicant for a closing out sale license shall file an application in writing and under oath with the clerk of the district court, on an application form prescribed by the Attorney General. The application form shall contain the following information, and such other information as the Attorney General may require: |1. The name and address of the owner of the goods, wares, or merchandise to be sold;2. A description of the place of business where the sale is to be held;3. The name and address of the person holding or conducting the sale;4. The nature of the occupancy of the place where the sale is to be held, whether by lease or otherwise, and the effective date of termination of the occupancy;5. A full and complete statement of the facts regarding the proposed sale, including the reason the sale is being conducted, the manner in which the sale will be conducted, and the commencement and termination date of the sale; and6. A complete and detailed inventory of the goods, wares, and merchandise to be offered at the sale as disclosed by the records of the applicant or a statement of both the cost and retail value of the inventory of goods, wares, and merchandise to be offered at the sale, based on the physical inventory used for the most recent federal income tax returns adjusted for sales, purchases, and markdowns of the applicant. Adjustments for sales, purchases, and markdowns shall be shown on a monthly basis to the date of the application.B. Each application shall be accompanied by an affidavit signed by the applicant attesting to the facts in the application.C. A fee of Twenty-five Dollars ($25.00) shall be charged by the clerk of the district court for the issuance of a license.D. Any person making a false statement in the application, upon conviction, shall be guilty of a felony.Added by Laws 1979, c. 145, § 4, eff. Oct. 1, 1979. Amended by Laws 1983, c. 103, § 2, eff. Nov. 1, 1983; Laws 1997, c. 133, § 135, eff. July 1, 1999.NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 135 from July 1, 1998, to July 1, 1999.
15 OK Stat § 15-768 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-768. District attorney to receive copy of application - Objections - Grounds for denying application.

|Upon receipt of an application, the clerk shall forward a copy of the application to the district attorney of the same district the court clerk is located in who may cause an investigation as deemed necessary for the facts contained therein. No license shall be issued by the clerk before ten (10) days has elapsed from the filing of the application within which period the district attorney may file an objection to the application, setting forth one or more of the following facts or circumstances, any one which shall be grounds for denying the application for a license: |1. That the applicant has been granted more than one license for a "closing out sale" within thirty-six (36) months preceding the date of the filing of the application;2. That the inventory includes goods, wares or merchandise on consignment or purchased by the applicant or added to the stock in contemplation of a closing out sale and for the purpose of selling the same at such sale. For the purpose of this paragraph, any unusual addition to the stock of goods, wares and merchandise made within ninety (90) days prior to the filing of an application, unless so stated and explained in the application, shall be prima facie evidence that such addition was made in contemplation of a closing out sale and for the purpose of selling such stock at the sale;3. That the applicant, in the ticketing of the goods, wares and merchandise to be offered at the sale, has misrepresented the value and original retail price of the goods; or4. That any representation made in the application is false.Added by Laws 1979, c. 145, § 5, eff. Oct. 1, 1979. Amended by Laws 2012, c. 258, § 2, emerg. eff. May 15, 2012.
15 OK Stat § 15-769 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-769. Issuance of license - Conditions on sale.

|If it appears to the clerk that all the statements in the application are true, that the proposed sale is of the character represented therein, that the application is in full compliance with the terms and conditions of the Oklahoma Consumer Protection Act, that the required license fee has been paid, and that the ten-day waiting period has expired with no objections from the district attorney, the clerk shall issue a license to the applicant authorizing the advertising and conducting of the sale as described in the application, subject to the following conditions: |1. Only the goods, wares, and merchandise included in the inventory attached to the application shall be sold at the sale;2. Upon the commencement of the sale and for its duration the license shall be prominently displayed in the place of sale by the licensee;3. All advertisement of discount prices shall indicate that the prices are discounted from the manufacturer's suggested retail price and the manufacturer's suggested retail price shall be accurately displayed in such advertisements or all advertisements of discount prices shall indicate that the prices are discounted from the regular sales prices at which the merchandise has been offered at the location of the sale for at least sixty (60) days prior to the sale and such regular prices shall be accurately displayed in advertisements where discount prices are advertised by specific dollar amounts or percentage amounts of savings;4. No closing out sale shall be held at any location other than the regular place of business of the licensee and the licensee shall have conducted business at such location for a period of at least six (6) months; and5. The licensee shall keep suitable books during the sale, at the location at which the sale is conducted. Daily entries shall be made in said books showing:a.dollar amount of retail sales, andb.dollar amount of markdowns; for the purposes of the Oklahoma Consumer Protection Act, the term markdowns is the difference between retail and wholesale price of goods wholesaled by the licensee, andc.dollar amount, both retail and cost price, of goods on back order received, andd.dollar amount of wholesale sale.The books shall be open for inspection during business hours by appropriate officials responsible for the enforcement of this act.Amended by Laws 1983, c. 103, § 3, eff. Nov. 1, 1983.
15 OK Stat § 15-770 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-770. Revocation of license.

|The district attorney of the district where the application was filed shall revoke any license issued pursuant to the provisions of this act, if he finds that the licensee has: |1. Violated the provisions of this act relating to closing out sales;2. Made any material misstatement in his application;3. Failed to include in the inventory required hereunder all the goods, wares and merchandise being offered for sale;4. Offered or permitted to be offered at the sale any goods, wares or merchandise not included in the inventory attached to the application;5. Failed to keep suitable records of the sale; or6. Made or permitted to be made any false or misleading statements or representations in advertising the sale, or in displaying, ticketing, or pricing goods, wares or merchandise offered for sale.Laws 1979, c. 145, § 7.
15 OK Stat § 15-771 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-771. Appeals.

|Any applicant for a license who is aggrieved by the denial, refusal or revocation of a licensee may appeal to the district court of the county in which the denial, revocation or suspension occurred. The appeal shall be taken by filing a written notice of appeal with the district attorney within ten (10) days after the order is made. The applicant shall, within ten (10) days of that notice, file a petition in the district court asking for the vacation or modification of the order denying the license. All such appeals filed in the district court shall be set for hearing by the court within thirty (30) days from the date the petition is filed. |If the applicant desires to have the order stayed during the appeal, he may file with the petition a supersedeas bond in an amount to be fixed by the court. The bond shall be conditioned that the applicant will prosecute the appeal without delay and during the pendency thereof, shall comply with the laws relating to "closing out sales". If the appeal is denied, the applicant shall pay all court costs incurred in the appeal.Laws 1979, c. 145, § 8.
15 OK Stat § 15-775A.1 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-775A.1. Legislative findings.

|The Legislature hereby finds, determines and declares that the use of telephones for commercial solicitation, including, but not limited to, cellular telephone text messages, is rapidly increasing; that this form of communication offers unique benefits, but entails special risks and poses the potential for abuse; that the Legislature finds that the widespread practice of fraudulent and deceptive commercial telephone solicitation has caused substantial financial losses to thousands of consumers and, particularly, elderly, homebound and otherwise vulnerable consumers, and is a matter vitally affecting the public interest; and, therefore, that the general welfare of the public and the protection of the integrity of the telemarketing industry requires statutory regulation of the commercial use of telephones. |Added by Laws 1994, c. 235, § 5, eff. Sept. 1, 1994. Amended by Laws 2011, c. 369, § 2, eff. July 1, 2011.
15 OK Stat § 15-775A.5 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-775A.5. Bond - Sureties.

|The applicant shall, at the time of making application, file with and have approved by the Attorney General a bond in which the applicant shall be the principal obligor, in the sum of Ten Thousand Dollars ($10,000.00) with one or more sureties whose liability is the aggregate as such sureties shall at least equal the said sum. The said bond shall run to the Attorney General for the use of the state and to any person who may have a cause of action against the obligor of said bond for any violation of the act. |Added by Laws 1999, c. 325, § 6, eff. Nov. 1, 1999.
15 OK Stat § 15-775B.1 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-775B.1. Short title.

|This act shall be known and may be cited as the "Telemarketer Restriction Act". |Added by Laws 2002, c. 72, § 1, eff. July 1, 2002.
15 OK Stat § 15-775B.2 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-775B.2. Definitions.

|As used in the Telemarketer Restriction Act: |1. "Commercial purposes" means relating to the sale or offer for sale of goods or services. “Commercial purposes” does not mean solicitation of funds or other support for a charitable or religious activity; political candidate, cause, or organization; or any activity of a not-for-profit entity organized pursuant to Section 501(c)(3) of the Internal Revenue Code;2. "Consumer" means any natural person who is a resident of this state and shall not include any business association, partnership, firm, corporation, and its affiliates or subsidiaries, or other business entity;3. “Established business relationship” means a prior relationship formed within the preceding twenty-four (24) months or an existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party;4. "Person" means any natural person, association, partnership, firm, corporation and its affiliates or subsidiaries, or other business entity;5. "Telemarketer" means any person who, for commercial purposes, initiates a telemarketing sales call or message, including, but not limited to, a cellular telephone text message, to a consumer located in this state or any person who directly controls or supervises the conduct of a telemarketer; and6. "Telemarketing" means any plan, program, or campaign which is conducted for commercial purposes, by use of one or more telephones or electronic messaging devices and which involves a telephone call or message, including, but not limited to, a cellular telephone text message, initiated by a telemarketer to a consumer located within this state at the time of the call or message; “telemarketing” may include use of random dialing or other devices for such purposes and use of recorded or simulated voices or automated electronic text messages delivery devices. “Telemarketing” does not include a telephone call which is made for the sole purpose of arranging a subsequent face–to-face meeting between a salesperson and the consumer.Added by Laws 2002, c. 72, § 2, eff. July 1, 2002. Amended by Laws 2003, c. 357, § 1, emerg. eff. June 3, 2003; Laws 2011, c. 369, § 4, eff. July 1, 2011.
15 OK Stat § 15-775B.3 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-775B.3. Registry of consumers not desiring unsolicited telemarketing calls.

|The Attorney General shall establish, and thereafter maintain, a statewide registry which shall contain a list of consumers who desire not to receive unsolicited telemarketing sales calls or messages, including, but not limited to, a cellular telephone text message. The Attorney General may, pursuant to The Oklahoma Central Purchasing Act, contract with a private vendor to establish and maintain the registry. |Added by Laws 2002, c. 72, § 3, eff. July 1, 2002. Amended by Laws 2011, c. 369, § 5, eff. July 1, 2011.