reglab/housing_qa huggingface dataset:
60 OK Stat § 60-812 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-812. Sale of unneeded airspace or real property.

|Any governmental authority, agency or instrumentality which holds right, title, interest or estate in airspace or in other real property which is not needed for a public purpose or for public use may sell, convey or transfer the right, title, interest or estate owned by it, or any lesser right, title, interest or estate, to such persons as the laws of this state permit at public or private sale for not less than seventy-five percent (75%) of the appraised value thereof, as established by two or more disinterested, qualified appraisers. Along with transfers of unneeded airspace or real property, or right, title, interest or estate therein, the transferor may also grant or transfer easements or other rights and interests in retained airspace and real property which may be required to provide access to or support of structures erected in the transferred airspace or property. |Added by Laws 1973, c. 199, § 12, eff. Oct. 1, 1973.
60 OK Stat § 60-813 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-813. Governmental authority holding only easements for use as rights-of-way.

|In situations in which a governmental authority or agency holds only an easement for use as a right-of-way over land on which is constructed a highway, street, road, alley or bridge: |1. The governmental authority or agency shall possess for and on behalf of the public the right to use such easement for highway, street, road, alley or bridge purposes with full, free and unobstructed passage over such improvement as well as the right to construct, maintain, repair, alter and remove such improvement, subject to all other laws pertaining thereto; and2. In addition thereto, the governmental authority and agency shall possess for and on behalf of the public the right to make full use of the airspace over, under or upon said right-of-way, provided that the residual right, title, interest and estate of the owner or owners of the fee in and to the land on which said improvement exists shall not in any way be encumbered, limited or additionally burdened without just compensation being paid to such owner or owners and with the determination of such just compensation to be made in the manner provided by law for additional takings under the power of eminent domain.Added by Laws 1973, c. 199, § 13, eff. Oct. 1, 1973.
60 OK Stat § 60-814 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-814. Right of eminent domain.

|This act shall not alter, amend, repeal, modify or affect the laws of this state providing for the exercise of the power of eminent domain by public or quasi-public agencies, authorities and instrumentalities or by private persons, except as may be specifically provided herein and except that the power of eminent domain may be exercised to condemn and acquire airspace in the same manner as provided by law for the acquisition of other real property or for rights or interests in same. The procedure and rules provided by law for condemnation of real property by public or quasi-public agencies, authorities and instrumentalities and by private persons shall apply to the condemnation of airspace. Whenever more than one procedure for condemnation is provided by law and whenever there is doubt as to which procedure applies in a particular condemnation proceeding, the condemnation procedure applicable to the State Highway Commission or agency shall be followed. |Added by Laws 1973, c. 199, § 14, eff. Oct. 1, 1973.
60 OK Stat § 60-815 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-815. Laws pertaining to powers, privileges, immunities, duties and liabilities of agencies not affected.

|Except as specifically provided herein, this act shall not alter, amend, repeal, modify or affect the laws of this state which pertain to the powers, privileges, immunities, duties and liabilities of authorities, agencies, instrumentalities or other such divisions or departments of state and local governments, or to improvement districts or to private persons. |Added by Laws 1973, c. 199, § 15, eff. Oct. 1, 1973.
60 OK Stat § 60-831 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-831. Short title.

|This act shall be known and may be cited as the "Residential Property Condition Disclosure Act". |Added by Laws 1994, c. 198, § 1, eff. July 1, 1995.
60 OK Stat § 60-832 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-832. Definitions.

|As used in this act: |1. "Offer to purchase" means an offer to purchase property made by a purchaser pursuant to a written contract;2. "Seller" means one or more persons who are attempting to transfer a possessory interest in property and who are either:a.represented by a real estate licensee; orb.not represented by a real estate licensee but receive a written request from the purchaser to deliver or cause to be delivered a disclaimer statement or disclosure statement as such terms are defined in paragraphs 11 and 12 of this section;3. "Purchaser" means one or more persons who are attempting to acquire a possessory interest in property;4. "Real estate licensee" means a person licensed under the Oklahoma Real Estate License Code;5. "Transfer" means a sale or conveyance, exchange or option to purchase by written instrument of a possessory interest in property for consideration;6. "Person" means an individual, corporation, limited liability company, partnership, association, trust or other legal entity or any combination thereof;7. "Contract" means a real estate purchase contract for the sale, conveyance or exchange of property, option to purchase property, or a lease with an option to purchase property;8. "Property" means residential real property improved with not less than one nor more than two dwelling units;9. "Defect" means a condition, malfunction or problem that would have a materially adverse effect on the monetary value of the property, or that would impair the health or safety of future occupants of the property;10. "Disclosure" means a written declaration required by this act based on actual knowledge of the seller regarding certain physical conditions of the property. A disclosure for purposes of this act is not a warranty, implied or express, of any kind;11. "Disclaimer statement" means the statement described in paragraph 1 of subsection A of Section 3 of this act; and12. "Disclosure statement" means the statement described in paragraph 2 of subsection A of Section 3 of this act.Added by Laws 1994, c. 198, § 2, eff. July 1, 1995.
60 OK Stat § 60-834 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-834. Delivery of statements.

|A. A seller should deliver either the disclaimer statement or disclosure statement to the purchaser as soon as practicable, but in any event it shall be delivered before acceptance of an offer to purchase. |B. If the disclaimer statement or disclosure statement is delivered to the purchaser after an offer to purchase has been made, the offer to purchase shall be accepted only after the purchaser has acknowledged receipt of the disclaimer statement or disclosure statement and confirmed the offer to purchase.C. If the seller becomes aware of a defect after delivery to the purchaser of either a disclaimer statement or a disclosure statement, then the seller shall promptly deliver to the purchaser either a disclosure statement or an amended disclosure statement which discloses the newly discovered defect. The disclosure statement or any amendment shall be in writing and shall be signed and dated by the seller. However, if the required document is delivered to the purchaser after an offer to purchase has been made, the offer to purchase shall be accepted only after the purchaser has acknowledged receipt of the required document and confirmed the offer to purchase.D. The purchaser shall acknowledge in writing receipt of the disclaimer statement or the disclosure statement and any amendment to the disclosure statement. The purchaser shall sign and date any acknowledgment. Such acknowledgment should accompany the offer to purchase the property. If the purchaser confirms the offer to purchase, such confirmation shall be in writing, shall be signed and dated by the purchaser and shall be promptly delivered to the seller.Added by Laws 1994, c. 198, § 4, eff. July 1, 1995.
60 OK Stat § 60-835 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-835. Limitation of seller's liability.

|A. The seller shall not be liable for a defect or other condition in the property if the existence of the defect or other condition in the property was disclosed in the disclosure statement or any amendment delivered to the purchaser before acceptance of the offer to purchase. |B. The seller shall not be liable for any erroneous, inaccurate or omitted information supplied to the purchaser as a disclosure required by this act if:1. The error, inaccuracy or omission results from an approximation of information by the seller, provided:a.accurate information was unknown to the seller at the time the disclosure was made,b.the approximation was clearly identified as such and was reasonable and based on the best information available to the seller, andc.the approximation was not used to circumvent the disclosure requirements of this act;2. The error, inaccuracy or omission was not within the actual knowledge of the seller; or3. The disclosure was based on information provided by public agencies and the seller reasonably believed the information to be correct.C. The delivery by a public agency of any information required to be disclosed by the seller of the property shall satisfy the requirements of this act as to the disclosures to which the information being furnished is applicable.Added by Laws 1994, c. 198, § 5, eff. July 1, 1995.
60 OK Stat § 60-836 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-836. Duties of real estate licensee.

|A. A real estate licensee representing or assisting a seller has the duty to obtain from the seller a disclaimer statement or a disclosure statement and any amendment required by the Residential Property Condition Disclosure Act and to make such statement available to potential purchasers prior to acceptance of an offer to purchase. |B. A real estate licensee representing or assisting a purchaser has the duty to obtain and make available to the purchaser a disclaimer statement or a disclosure statement and any amendment required by the Residential Property Condition Disclosure Act prior to the acceptance of an offer to purchase.C. A real estate licensee has the duty to disclose to the purchaser any defects in the property actually known to the licensee which are not included in the disclosure statement or any amendment.D. A real estate licensee who has complied with the requirements of subsections A, B and C of this section, as applicable, shall have no further duties to the seller or the purchaser regarding any disclosures required under the Residential Property Condition Disclosure Act.A real estate licensee who has not complied with the requirements of subsections A, B and C of this section shall be subject to disciplinary action by the Oklahoma Real Estate Commission as set forth in paragraph 6 of Section 858-208 of Title 59 of the Oklahoma Statutes.E. A real estate licensee has no duty to the seller or the purchaser to conduct an independent inspection of the property and has no duty to independently verify the accuracy or completeness of any statement made by the seller in the disclaimer statement or the disclosure statement and any amendment.Added by Laws 1994, c. 198, § 6, eff. July 1, 1995. Amended by Laws 2007, c. 42, § 6, eff. Jan. 1, 2008.
60 OK Stat § 60-837 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-837. Remedies.

|A. The purchaser may recover in a civil action only in the event of any of the following: |1. The failure of the seller to provide to the purchaser a disclaimer statement or a disclosure statement and any amendment prior to acceptance of an offer to purchase;2. The failure of the seller to disclose in the disclosure statement or any amendment provided to the purchaser a defect which was actually known to the seller prior to acceptance of an offer to purchase; or3. The failure of the real estate licensee to disclose to the purchaser any defects in the property actually known to the real estate licensee prior to acceptance of an offer to purchase and which were not included in the disclosure statement or any amendment provided to the purchaser.B. The sole and exclusive civil remedy at common law or otherwise for a failure under subsection A of this section by the seller or the real estate licensee shall be an action for actual damages, including the cost of repairing the defect, suffered by the purchaser as a result of a defect existing in the property as of the date of acceptance by the seller of an offer to purchase and shall not include the remedy of exemplary damages.C. Any action brought under this act shall be commenced within two (2) years after the date of transfer of real property subject to this act.D. In any civil action brought under this act, the prevailing party shall be allowed court costs and a reasonable attorney fee to be set by the court and to be collected as costs.E. A transfer of a possessory interest in property subject to this act may not be invalidated solely because of the failure of any person to comply with this act.F. This act applies to, regulates and determines rights, duties, obligations and remedies at common law or otherwise of the seller, the real estate licensee and the purchaser with respect to disclosure of defects in property and supplants and abrogates all common law liability, rights, duties, obligations and remedies therefore.Added by Laws 1994, c. 198, § 7, eff. July 1, 1995. Amended by Laws 2003, c. 52, § 2, eff. Nov. 1, 2003.
60 OK Stat § 60-838 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-838. Exemptions from application of act.

|A. This act does not apply to: |1. Transfers pursuant to court order, including, but not limited to, transfers pursuant to a writ of execution, transfers by eminent domain and transfers pursuant to an order for partition;2. Transfers to a mortgagee by a mortgagor or successor in interest who is in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a mortgagee's sale under a power of sale after default in an obligation secured by any instrument containing a power of sale, or transfers by a mortgagee who has acquired the real property at a sale conducted pursuant to a power of sale or a sale pursuant to a decree of foreclosure or has acquired the real property by deed in lieu of foreclosure;3. Transfers by a fiduciary who is not an owner occupant of the subject property in the course of the administration of a decedent's estate, guardianship, conservatorship or trust;4. Transfers from one co-owner to one or more other co-owners;5. Transfers made to a spouse, or to the person or persons in the lineal line of consanguinity of one or more of the owners;6. Transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;7. Transfers made pursuant to mergers and from a subsidiary to a parent or the reverse;8. Transfers or exchanges to or from any governmental entity; or9. Transfers of a newly constructed, previously unoccupied dwelling.B. Nothing in this act shall be construed to alter or change the requirements of Section 858-513 of Title 59 of the Oklahoma Statutes, regarding psychologically impacted real estate.Added by Laws 1994, c. 198, § 8, eff. July 1, 1995.
60 OK Stat § 60-839 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-839. Notices and acknowledgments.

|Any notices or acknowledgments required under this act need not be sworn to, verified or acknowledged. |Added by Laws 1994, c. 198, § 9, eff. July 1, 1995.
60 OK Stat § 60-851 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-851. Nature of developments.

|The term "real estate development" shall include developments: |1. Which consist or will consist of separately owned lots, parcels or areas with either or both of the following features:a.One or more additional contiguous or noncontiguous lots, parcels or areas owned in common by the owners of the separately owned lots, parcels or areas.b.Mutual, common or reciprocal interests in or restrictions upon, all or portions of such separately owned lots, parcels or areas, or both.2. The estate in a separately or commonly owned lot, parcel or area may be an estate of inheritance, estate in fee, an estate for life, or an estate for years.Either common ownership of the additional contiguous or noncontiguous lots, parcels or areas referred to in subparagraph a. of paragraph 1. above, or the enjoyment of the mutual, common or reciprocal interests in, or restrictions upon the separately owned lots, parcels or areas pursuant to subparagraph b. of paragraph 1. above, or both, may be through ownership of shares of stock or membership in an owners association or otherwise.Added by Laws 1975, c. 292, § 1, emerg. eff. June 5, 1975.
60 OK Stat § 60-852 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-852. Owners association.

|A. An "owners association" may be formed by the owner or owners of real estate development for the purpose of: |1. providing management, maintenance, preservation and control of commonly owned areas or any portion of or interest in them, and/or2. enforcing all mutual, common or reciprocal interests in or restrictions upon all or portions of such separately owned lots, parcels, or areas, or both.B. An owners association shall be formed by the execution of an instrument signed and acknowledged by all owners of the real property included. Such instrument shall set forth in detail the nature of the obligations of the members and shall be filed of record in the office of the county clerk of the county wherein the real property is located. The instrument shall include a description of said real property.C. The owners association shall have the power to enforce any obligation in connection with membership in the owners association by means of a levy or assessment which may become a lien upon the separately or commonly owned lots, parcels or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale. In an action brought to enforce any lien authorized pursuant to the provisions of this section, the prevailing party shall be entitled to recover reasonable attorney's fees to be fixed by the court, which shall be taxed as costs in the action. No lien may be placed or mortgage foreclosed unless the homeowner was informed in writing upon joining the owners association of the existence and content of the owners association restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association.Amended by Laws 1986, c. 48, § 1, eff. Nov. 1, 1986.
60 OK Stat § 60-853 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-853. Taxes and special assessments.

|Each separately owned lot, parcel or area together with its proportionate interest in the common element, shall constitute a separate and distinct unit; for the purpose of assessment of taxes, special assessments, and other charges which may be lawfully assessed against owners of real property, and each holder of such shall be liable solely for the amount of taxes against his individual estate and shall not be affected by the consequences resulting from the tax delinquency of other unit holders. |Added by Laws 1975, c. 292, § 3, emerg. eff. June 5, 1975.
60 OK Stat § 60-854 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-854. Membership - Covenants and restrictions.

|Membership of said owners association shall consist of recorded owners of separately owned lots in the real estate development. Membership is transferred upon legal transfer of title to the separately owned lots. The owners association may also enforce the covenant and restrictions of the real estate development when specified by the covenants and restrictions. |Laws 1975, c. 292, § 4, emerg. eff. June 5, 1975.
60 OK Stat § 60-855 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-855. Application of act.

|The powers granted the owners association under this act shall apply only to owners associations created subsequent to the effective date of this act. |Added by Laws 1975, c. 292, § 5, emerg. eff. June 5, 1975.
60 OK Stat § 60-856 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-856. Enforcement of restrictions and covenants.

|Any person owning property in a real estate development shall be entitled to bring action against any other person owning property in such development to enforce any of the restrictions or covenants of the real estate development which are specified by the covenants or restrictions. In any action to enforce any restriction or covenant pursuant to the provisions of this section, the prevailing party shall be entitled to recover reasonable attorney's fees to be fixed by the court, which shall be taxed as costs in the action. |Added by Laws 1986, c. 48, § 2, eff. Nov. 1, 1986.
60 OK Stat § 60-857 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-857. Copies of recorded covenants and restrictions.

|A copy or a certified copy of all the recorded covenants and restrictions of a real estate development shall be provided by the title company closing the sale to the buyer of property in the real estate development as a part of the closing of the real estate sale. The buyer may be charged no more than Twenty-five Dollars ($25.00) for the copy, and the copy shall either be provided prior to or at the time of closing either by mail to the buyer's last-known address, hand-delivered or electronically delivered. |Added by Laws 1999, c.384, § 10, eff. Nov. 1, 1999. Amended by Laws 2018, c. 274, § 2, eff. Nov. 1, 2018.
60 OK Stat § 60-858 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-858. Displaying the flag of the United States.

|An owners association, condominium association, cooperative association or residential real estate management association shall not adopt or enforce any policy or enter into any agreement that would restrict or prevent a member of the association from displaying the flag of the United States at a reasonable height, not to exceed twenty (20) feet, on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. |Added by Laws 2017, c. 172, § 2, emerg. eff. May 2, 2017.
60 OK Stat § 60-860 (2021)
2021 Oklahoma Statutes|Title 60. Property|§60-860. Community Residential Living for Persons with Developmental or Physical Disabilities Act.

|Sections 860 through 867 of this title shall be known and may be cited as the "Community Residential Living for Persons with Developmental or Physical Disabilities Act". |Added by Laws 1987, c. 169, § 1, eff. Nov. 1, 1987. Amended by Laws 1996, c. 354, § 41, eff. Nov. 1, 1996.