reglab/housing_qa huggingface dataset:
59 OK Stat § 59-858-360 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-360. Abrogation of common law principles of agency – 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 remedies at law and equity supplement the provisions of Sections 858-351 through 858-363 of The Oklahoma Real Estate License Code. |B. A broker may cooperate with other brokers in a transaction. Pursuant to Sections 858-351 through 858-363 of The Oklahoma Real Estate License Code, a broker shall not be an agent, subagent, or dual agent and an offer of subagency shall not be made to other brokers.C. Nothing in this act shall prohibit a broker from entering into an agreement for brokerage services not enumerated herein so long as the agreement is in compliance with this act, the Oklahoma Real Estate Code and the Oklahoma Real Estate Commission Administration Rules.Added by Laws 1999, c. 194, § 10, eff. Nov. 1, 2000. Amended by Laws 2012, c. 251, § 6, eff. Nov. 1, 2013.
59 OK Stat § 59-858-361 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-361. Use of word “agent” in trade name and as general 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. |Added by Laws 1999, c. 194, § 11, eff. Nov. 1, 2000. Amended by Laws 2006, c. 313, § 2, eff. Nov. 1, 2006.
59 OK Stat § 59-858-362 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-362. Vicarious liability for acts or omissions of real 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. 194, § 12, eff. Nov. 1, 2000. Amended by Laws 2012, c. 251, § 7, eff. Nov. 1, 2013.
59 OK Stat § 59-858-363 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-363. Associates of real estate broker - Authority.

|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 the broker. A real estate broker may authorize associates to provide brokerage services in the name of the real estate broker as permitted under The Oklahoma Real Estate License Code, which may include the execution of written agreements. |Added by Laws 1999, c. 194, § 13, eff. Nov. 1, 2000. Amended by Laws 2003, c. 31, § 2, eff. Nov. 1, 2003; Laws 2012, c. 251, § 8, eff. Nov. 1, 2013.
59 OK Stat § 59-858-401 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-401. Penalties - Fines - Injunctions and restraining orders - 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 and knowingly violate any provision of this Code, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. |B. In addition to any civil or criminal actions authorized by law, whenever, in the judgment of the Oklahoma Real Estate Commission, any unlicensed person has engaged in any acts or practices which constitute a violation of the Oklahoma Real Estate License Code, the Commission may:1. After notice and hearing, and upon finding a violation of the Code, impose a fine of not more than Five Thousand Dollars ($5,000.00) or the amount of the commission or commissions earned, whichever is greater for each violation of the Code for unlicensed activity;2. Make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the Commission that such person has engaged in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court, without bond; or3. Impose administrative fines pursuant to this subsection which shall be enforceable in the district courts of this state. The order of the Commission shall become final and binding on all parties unless appealed to the district court as provided in the Administrative Procedures Act. If an appeal is not made, such order may be entered on the judgment docket of the district court in a county in which the debtor has property and thereafter enforced in the same manner as an order of the district court for collection actions.C. Notices and hearings required by this section and any appeals from orders entered pursuant to this section shall be in accordance with the Administrative Procedures Act.D. Such funds as collected pursuant to this section shall be deposited in the Oklahoma Real Estate Education and Recovery Fund.Added by Laws 1974, c. 121, § 401, operative July 1, 1974. Amended by Laws 1993, c. 54, § 2, eff. Sept. 1, 1993; Laws 2004, c. 142, § 3, eff. Nov. 1, 2004; Laws 2011, c. 29, § 2, eff. Nov. 1, 2011.
59 OK Stat § 59-858-402 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-402. Administrative fines.

|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 less than One Hundred Dollars ($100.00) and shall not exceed Two Thousand Dollars ($2,000.00) for each violation of this Code or the rules of the Commission, orb.exceed Five Thousand Dollars ($5,000.00) for all violations resulting from a single incident or transaction;2. All administrative fines shall be paid within thirty (30) days of notification of the licensee by the Commission of the order of the Commission imposing the administrative fine;3. The license may be suspended until any fine imposed upon the licensee by the Commission is paid;4. If fines are not paid in full by the licensee within thirty (30) days of the notification by the Commission of the order, the fines shall double and the licensee shall have an additional thirty- day period. If the doubled fine is not paid within the additional thirty-day period, the license shall automatically be revoked; and5. All monies received by the Commission as a result of the imposition of the administrative fine provided for in this section shall be deposited in the Oklahoma Real Estate Education and Recovery Fund, created pursuant to Section 858-601 of this title.B. The administrative fines authorized by this section may be in addition to any other criminal penalties or civil actions provided for by law.Added by Laws 1993, c. 54, § 3, eff. Sept. 1, 1993. Amended by Laws 1999, c. 26, § 3, eff. Nov. 1, 1999.
59 OK Stat § 59-858-503 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-503. Headings.

|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 OK Stat § 59-858-513 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-513. Psychologically impacted real estate - Factors 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 occupant of the real estate is, or was at any time suspected to be infected, or has been infected, with Human Immunodeficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome, or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or2. That the real estate was, or was at any time suspected to have been the site of a suicide, homicide or other felony,is not a material fact that must be disclosed in a real estate transaction.B. No cause of action shall arise against an owner of real estate or any licensee assisting the owner for the failure to disclose to the purchaser or lessee of such real estate or any licensee assisting the purchaser or lessee that such real estate was psychologically impacted as provided for in subsection A of this section.C. Notwithstanding the fact that this information is not a material defect or fact, in the event that a purchaser or lessee, who is in the process of making a bona fide offer, advises the licensee assisting the owner, in writing, that knowledge of such factor is important to the person's decision to purchase or lease the property, the licensee shall make inquiry of the owner and report any findings to the purchaser or lessee with the consent of the owner and subject to and consistent with applicable laws of privacy; provided further, if the owner refuses to disclose, the licensee assisting the owner shall so advise the purchaser or lessee.Added by Laws 1989, c. 235, § 1, emerg. eff. May 12, 1989. Amended by Laws 1998, c. 60, § 19, eff. Jan. 1, 1999.
59 OK Stat § 59-858-514 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-514. Registered sex offenders or violent crime offenders - 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 information regarding an offender required to register under such provision. |Added by Laws 1997, c. 260, § 11, eff. Nov. 1, 1997. Amended by Laws 2004, c. 358, § 11, eff. Nov. 1, 2004.
59 OK Stat § 59-858-515.1 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-515.1. Size of property for sale.

|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 information, in square footage or otherwise, of the subject property. |B. 1. If a real estate licensee provides any party to a real estate transaction with third-party information concerning the size or area, in square footage or otherwise, of the subject property involved in the transaction, the licensee shall identify the source of the information.2. For the purposes of this subsection, “third-party information” means:a.an appraisal or any measurement information prepared by a licensed appraiser,b.a survey or developer’s plan prepared by a licensed surveyor,c.a tax assessor's public record,d.a builder’s plan used to construct or market the property, ore.a plan, drawing or stated square footage provided by the owner or agent of the owner, as it relates to commercial buildings or structures for sale or for lease only. Commercial land shall be verified by one of the methods provided for in subparagraphs a through d of this paragraph.C. A real estate licensee has no duty to the seller or purchaser of real property to conduct an independent investigation of the size or area, in square footage or otherwise, of a subject property, or to independently verify the accuracy of any third-party information as such term is defined in paragraph 2 of subsection B of this section.D. A real estate licensee who has complied with the requirements of this section, as applicable, shall have no further duties to the seller or purchaser of real property regarding disclosed or undisclosed property size or area information, and shall not be subject to liability to any party for any damages sustained with regard to any conflicting measurements or opinions of size or area, including exemplary or punitive damages.Added by Laws 2011, c. 212, § 1. Amended by Laws 2012, c. 107, § 1, eff. Nov. 1, 2012.
59 OK Stat § 59-858-515.2 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-515.2. Violation of duty to disclose source of information - 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 transaction may recover damages from the licensee in a civil action only when a licensee knowingly violates the duty to disclose the source of the information, as required in paragraph 1 of subsection B of Section 1 of this act. |B. The sole and exclusive civil remedy at common law or otherwise for a violation of paragraph 1 of subsection B of Section 1 of this act by a real estate licensee shall be an action for actual damages suffered by the party as a result of such violation and shall not include exemplary or punitive damages.C. For any real estate transaction commenced after the effective date of this act, any civil action brought pursuant to this section shall be commenced within two (2) years after the date of transfer of the subject real property.D. In any civil action brought pursuant to this section, the prevailing party shall be allowed court costs and reasonable attorney fees to be set by the court and collected as costs of the action.E. A transfer of a possessory interest in real property subject to the provisions of this act may not be invalidated solely because of the failure of any person to comply with the provisions of this act.F. The provisions of this act shall apply to, regulate and determine the rights, duties, obligations and remedies, at common law or otherwise, of the seller marketing his or her real property for sale through a real estate licensee, and of the purchaser of real property offered for sale through a real estate licensee, with respect to disclosure of third-party information concerning the subject real property’s size or area, in square footage or otherwise, and this act hereby supplants and abrogates all common law liability, rights, duties, obligations and remedies of all parties therefor.Added by Laws 2011, c. 212, § 2.
59 OK Stat § 59-858-601 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-601. Creation - Status - Appropriation - Expenditures - Use 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 Commission as fees assessed for the Oklahoma Real Estate Education and Recovery Fund under the provisions of this act. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Oklahoma Real Estate Commission. The Oklahoma Real Estate Commission may invest all or part of the monies of the fund in securities offered through the "Oklahoma State Treasurer's Cash Management Program". Any interest or dividends accruing from the securities and any monies generated at the time of redemption of the securities shall be deposited in the Oklahoma Real Estate Education and Recovery Fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Real Estate Commission for the purposes specified in Section 858-605 of this title. Expenditures from said fund shall be made pursuant to the laws of this state and the statutes relating to the said Commission, and without legislative appropriation. Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the said Commission and approved for payment by the Director of the Office of Management and Enterprise Services. |B. Monies in the fund shall be used to reimburse any claimant who has been awarded a judgment, subject to subsection C of this section, by a court of competent jurisdiction to have suffered monetary damages by an Oklahoma real estate licensee in any transaction for which a license is required under The Oklahoma Real Estate License Code because of an act constituting a violation of The Oklahoma Real Estate License Code.C. In determining a claimant's eligibility to recover from the fund, the Commission may conduct an independent review of the merits, findings and damages involved in the underlying action and may conduct an evidentiary hearing to determine if a claim is eligible for recovery from the fund and the amount of damages awarded are due an act constituting a violation of The Oklahoma Real Estate License Code.Added by Laws 1977, c. 182, § 6, eff. July 1, 1977. Amended by Laws 1992, c. 94, § 7, eff. July 1, 1992; Laws 1997, c. 105, § 1, eff. July 1, 1997; Laws 1998, c. 60, § 20, eff. Jan. 1, 1999; Laws 2005, c. 85, § 2, eff. Nov. 1, 2005; Laws 2012, c. 304, § 269.
59 OK Stat § 59-858-602 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-602. Additional fee - Disposition.

|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 in the Oklahoma Real Estate Education and Recovery Fund. |B. If a license is issued for a period of less than thirty-six (36) months, such additional fee shall be prorated to the nearest dollar and month.C. If a real estate sales associate or provisional sales associate shall qualify for a license as a real estate broker, the additional fee for the remainder of the term shall be prorated to the nearest dollar and month and credited to the additional fee added to and payable with the real estate broker license fee.D. At the close of each fiscal year, the Commission shall transfer into the Oklahoma Real Estate Commission Revolving Fund any money in excess of that amount required to be retained in the Oklahoma Real Estate Education and Recovery Fund and that amount authorized to be expended as provided within this Code that is remaining in the Oklahoma Education and Recovery Fund and unexpended.Added by Laws 1977, c. 182, § 7, eff. July 1, 1977. Amended by Laws 1980, c. 165, § 9, eff. July 1, 1981; Laws 1988, c. 324, § 2, operative July 1, 1988; Laws 1998, c. 60, § 21, eff. Jan. 1, 1999; Laws 2001, c. 235, § 6, eff. Aug. 1, 2001.
59 OK Stat § 59-858-603 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-603. Eligibility to recover from fund - Ineligibility.

|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 cause of action accrued not more than two (2) years prior to the filing of the action;3. At the commencement of an action, the party filing the action shall immediately notify the Commission to this effect in writing and provide the Commission with a file-stamped copy of the petition or affidavit. Said Commission shall have the right to enter an appearance, intervene in, defend, or take any action it may deem appropriate to protect the integrity of the Fund. The Commission may waive the notification requirement if it determines that the public interest is best served by the waiver, that is to best meet the ends of justice and that the claimant making application made a good faith effort to comply with the notification requirements;4. Final judgment is received by the claimant upon such action;5. The final judgment is enforced as provided by statute for enforcement of judgments in other civil actions and that the amount realized was insufficient to satisfy the judgment; and6. Any compensation recovered by the claimant from the judgment debtor, or from any other source for any monetary loss arising out of the cause of action, has been applied to the judgment awarded by the court.B. A claimant shall not be qualified to make a claim for recovery from the Oklahoma Real Estate Education and Recovery Fund, if:1. The claimant is the spouse of the judgment debtor or a personal representative of such spouse;2. The claimant is a licensee who acted in their own behalf in the transaction which is the subject of the claim; or3. The claimant’s claim is based upon a real estate transaction in which the claimant is, through their own action, jointly responsible for any resulting monetary loss with respect to the property owned or controlled by the claimant.Added by Laws 1977, c. 182, § 8, eff. July 1, 1977. Amended by Laws 1988, c. 324, § 4, operative July 1, 1988; Laws 1991, c. 43, § 11, eff. July 1, 1993; Laws 1998, c. 60, § 22, eff. Jan. 1, 1999; Laws 2005, c. 85, § 3, eff. Nov. 1, 2005.
59 OK Stat § 59-858-605 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-605. Expenditure of funds.

|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 promote the advancement of education in the field of real estate for the benefit of the general public and those licensed under the Oklahoma Real Estate License Code, but such promotion shall not be construed to allow advertising of this profession;2. To underwrite educational seminars and other forms of educational projects for the benefit of real estate licensees;3. To establish real estate courses at institutions of higher learning located in the state and accredited by the State Regents for Higher Education for the purpose of making such courses available to licensees and the general public; and4. To contract for a particular educational project in the field of real estate to further the purposes of the Oklahoma Real Estate License Code.Amended by Laws 1983, c. 289, § 3, emerg. eff. June 24, 1983; Laws 1988, c. 324, § 6, operative July 1, 1988.
59 OK Stat § 59-858-621 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-621. Short title.

|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 OK Stat § 59-858-622 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-858-622. Definitions.

|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 improvements to real property consisting of four or fewer dwelling units, including structural, lot drainage, roof, electrical, plumbing, heating and air conditioning and such other areas of concern as are specified in writing to determine if performance is as intended;4. "Home inspection report" means a written opinion of the functional and physical condition of property written by the licensed home inspector pursuant to home inspection; and5. "Home inspector" means an individual licensed pursuant to the Home Inspection Licensing Act who, for compensation, conducts home inspections.Added by Laws 2001, c. 423, § 2, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 1, emerg. eff. June 3, 2008.