reglab/housing_qa huggingface dataset:
12A OK Stat § 12A-2A-104 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-104. Leases Subject to Other Law.

|LEASES SUBJECT TO OTHER LAW |(1) A lease, although subject to this article, is also subject to any applicable:(a)certificate of title statute of this state;(b)certificate of title statute of another jurisdiction (Section 2A-105 of this title); or(c)consumer protection statute of this state, or final consumer protection decision of a court of this state existing on January 1, 1992.(2) In case of conflict between this article, other than Section 2A-105, subsection (3) of Section 2A-304, and subsection (3) of Section 2A-305 of this title, and a statute or decision referred to in subsection (1) of this section, the statute or decision controls.(3) Failure to comply with an applicable law has only the effect specified therein.Added by Laws 1988, c. 86, § 4, eff. Nov. 1, 1988. Amended by Laws 1991, c. 117, § 4, eff. Jan. 1, 1992.
12A OK Stat § 12A-2A-105 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-105. Territorial application of article to goods covered by certificate of title.

|TERRITORIAL APPLICATION OF ARTICLE TO GOODS |COVERED BY CERTIFICATE OF TITLESubject to the provisions of subsections (3) of Sections 34 and 35 of this act, with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law, including the conflict of laws rules, of the jurisdiction issuing the certificate until the earlier of:(a)surrender of the certificate, or(b)four (4) months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.Added by Laws 1988, c. 86, § 5, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-106 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-106. Limitation on power of parties to consumer lease to choose applicable law and judicial forum.

|LIMITATION ON POWER OF PARTIES TO CONSUMER LEASE |TO CHOOSE APPLICABLE LAW AND JUDICIAL FORUM(1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty (30) days thereafter or in which the goods are to be used, the choice is not enforceable.(2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.Added by Laws 1988, c. 86, § 6, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-107 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-107. Waiver or renunciation of claim or right after default.

|WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER DEFAULT |Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.Added by Laws 1988, c. 86, § 7, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-108 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-108. Unconscionability.

|UNCONSCIONABILITY |(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.(2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.(3) Before making a finding of unconscionability under subsection (1) or (2) of this section, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.(4) In an action in which the lessee claims unconscionability with respect to a consumer lease:(a)If the court finds unconscionability under subsection (1) or (2) of this section, the court shall award reasonable attorney's fees to the lessee.(b)If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.(c)In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) of this section is not controlling.Added by Laws 1988, c. 86, § 8, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-109 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-109. Option to accelerate at will.

|OPTION TO ACCELERATE AT WILL |(1) A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he deems himself insecure" or in words of similar import must be construed to mean that he has power to do so only if he in good faith believes that the prospect of payment or performance is impaired.(2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) of this section is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.Added by Laws 1988, c. 86, § 9, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-201 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-201. Statute of frauds.

|STATUTE OF FRAUDS |(1) A lease contract is not enforceable by way of action or defense unless:(a)the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than One Thousand Dollars ($1,000.00); or(b)there is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.(2) Any description of leased goods or of the lease term is sufficient and satisfies paragraph (b) of subsection (1) of this section, whether or not it is specific, if it reasonably identifies what is described.(3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under paragraph (b) of subsection (1) of this section beyond the lease term and the quantity of goods shown in the writing.(4) A lease contract that does not satisfy the requirements of subsection (1) of this section, but which is valid in other respects, is enforceable:(a)if the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;(b)if the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or(c)with respect to goods that have been received and accepted by the lessee.(5) The lease term under a lease contract referred to in subsection (4) of this section is:(a)if there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified;(b)if the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or(c)a reasonable lease term.Added by Laws 1988, c. 86, § 10, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-202 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-202. Final written expression; parol or extrinsic evidence.

|FINAL WRITTEN EXPRESSION; PAROL OR EXTRINSIC EVIDENCE |Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:(a)by course of dealing or usage of trade or by course of performance; and(b)by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.Added by Laws 1988, c. 86, § 11, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-203 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-203. Seals inoperative.

|SEALS INOPERATIVE |The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.Added by Laws 1988, c. 86, § 12, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-204 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-204. Formation in general.

|FORMATION IN GENERAL |(1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.(2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.(3) Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.Added by Laws 1988, c. 86, § 13, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-205 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-205. Firm offers.

|FIRM OFFERS |An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three (3) months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.Added by Laws 1988, c. 86, § 14, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-206 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-206. Offer and acceptance in formation of lease contract.

|OFFER AND ACCEPTANCE IN FORMATION OF LEASE CONTRACT |(1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.(2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.Added by Laws 1988, c. 86, § 15, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-208 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-208. Modification, rescission and waiver.

|MODIFICATION, RESCISSION AND WAIVER |(1) An agreement modifying a lease contract needs no consideration to be binding.(2) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.(3) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) of this section, it may operate as a waiver.(4) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.Added by Laws 1988, c. 86, § 17, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-209 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-209. Lessee Under Finance Lease as Beneficiary of Supply Contract.

|LESSEE UNDER FINANCE LEASE AS BENEFICIARY OF SUPPLY CONTRACT |(1) The benefit of the supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom.(2) The extension of the benefit of a supplier's promises and of warranties to the lessee (subsection (1) of this section) does not:(i)modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or(ii)impose any duty or liability under the supply contract on the lessee.(3) Any modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.(4) In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under subsection (1) of this section, the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law.Added by Laws 1988, c. 86, § 18, eff. Nov. 1, 1988. Amended by Laws 1991, c. 117, § 5, eff. Jan. 1, 1991.
12A OK Stat § 12A-2A-210 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-210. Express warranties.

|EXPRESS WARRANTIES |(1) Express warranties by the lessor are created as follows:(a)Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.(b)Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.(c)Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee", or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.Added by Laws 1988, c. 86, § 19, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-211 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-211. Warranties against interference and against infringement; lessee's obligation against infringement.

|WARRANTIES AGAINST INTERFERENCE AND AGAINST |INFRINGEMENT; LESSEE'S OBLIGATION AGAINSTINFRINGEMENT(1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee's enjoyment of its leasehold interest.(2) Except in a finance lease there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.(3) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.Added by Laws 1988, c. 86, § 20, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-212 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-212. Implied warranty of merchantability.

|IMPLIED WARRANTY OF MERCHANTABILITY |(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.(2) Goods to be merchantable must be at least such as:(a)pass without objection in the trade under the description in the lease agreement;(b)in the case of fungible goods, are of fair average quality within the description;(c)are fit for the ordinary purposes for which goods of that type are used;(d)run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;(e)are adequately contained, packaged, and labeled as the lease agreement may require; and(f)conform to any promises or affirmations of fact made on the container or label.(3) Other implied warranties may arise from course of dealing or usage of trade.Added by Laws 1988, c. 86, § 21, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-213 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-213. Implied warranty of fitness for particular purpose.

|IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE |Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.Added by Laws 1988, c. 86, § 22, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-214 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-214. Exclusion or modification of warranties.

|EXCLUSION OR MODIFICATION OF WARRANTIES |(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of Section 11 of this act on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.(2) Subject to subsection (3) of this section, to exclude or modify the implied warranty of merchantability or any part of it the language must mention "merchantability", be by a writing, and be conspicuous. Subject to subsection (3) of this section, to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, "There is no warranty that the goods will be fit for a particular purpose."(3) Notwithstanding subsection (2) of this section, but subject to subsection (4) of this section:(a)unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", or "with all faults", or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;(b)if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and(c)an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.(4) To exclude or modify a warranty against interference or against infringement (Section 20 of this act) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person. Added by Laws 1988, c. 86, § 23, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-215 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-215. Cumulation and conflict of warranties express or implied.

|CUMULATION AND CONFLICT OF WARRANTIES EXPRESS |OR IMPLIEDWarranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:(a)Exact or technical specifications displace an inconsistent sample or model or general language of description.(b)A sample from an existing bulk displaces inconsistent general language of description.(c)Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.Added by Laws 1988, c. 86, § 24, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-216 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-216. Third party beneficiaries of express and implied warranties.

|THIRD PARTY BENEFICIARIES OF EXPRESS AND |IMPLIED WARRANTIES(1) A warranty to or for the benefit of a lessee under this article, whether express or implied, extends to any natural person who is in the family or household of the lessee or who is a guest in the lessee's home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty.(2) This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons.(3) The operation of this section may not be excluded, modified, or limited, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against any beneficiary designated under this section.Added by Laws 1988, c. 86, § 25, eff. Nov. 1, 1988.
12A OK Stat § 12A-2A-217 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-2A-217. Identification.

|IDENTIFICATION |Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:(a)when the lease contract is made if the lease contract is for a lease of goods that are existing and identified;(b)when the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or(c)when the young are conceived, if the lease contract is for a lease of unborn young of animals.Added by Laws 1988, c. 86, § 26, eff. Nov. 1, 1988.