OSCN Found Document:Applicability and Construction of Act
Title 60. Property

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
 CiteNameLevel
 2009 OK CIV APP 88, 223 P.3d 1024, KEELER v. GMAC GLOBAL RELOCATION SERVICESCited
Oklahoma Supreme Court Cases
 CiteNameLevel
 2009 OK 79, 224 P.3d 679, WHITE v. LIMDiscussed
 2022 OK 9, 505 P.3d 920, RICKARD v. COULIMOREDiscussed at Length
Citationizer: Table of Authority
Cite Name Level
None Found.