
Oklahoma Statutes Citationized
Title 60. Property
Chapter 16A - Residential Property Condition Disclosure Act
Section 838 - Applicability and Construction of Act
Cite as: O.S. §, __ __
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; or
9. 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.
Historical Data
Laws 1994, HB 1621, c. 198, § 8, eff. July 1, 1995.
Citationizer© Summary of Documents Citing This Document| Cite | Name | Level | |
|---|---|---|---|
| Oklahoma Court of Civil Appeals Cases | |||
| Cite | Name | Level | |
| 2009 OK CIV APP 88, 223 P.3d 1024, | KEELER v. GMAC GLOBAL RELOCATION SERVICES | Cited | |
| Oklahoma Supreme Court Cases | |||
| Cite | Name | Level | |
| 2009 OK 79, 224 P.3d 679, | WHITE v. LIM | Discussed | |
| 2022 OK 9, 505 P.3d 920, | RICKARD v. COULIMORE | Discussed at Length | |
| Cite | Name | Level |
|---|
| None Found. |