An act relating to property, the official text

1                           STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1866                  By: Roberts

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6                               AS INTRODUCED

7   An Act relating to property; amending 60 O.S. 2021,

    Section 833, which relates to property disclosures;

8   requiring the disclosure of the existence of

    polybutylene pipes; and providing an effective date.

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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

12  SECTION 1.       AMENDATORY    60 O.S. 2021, Section 833, is

13 amended to read as follows:

14  Section 833. A. A seller of property located in this state

15 shall deliver, or cause to be delivered, to the purchaser of such

16 property one of the following:

17  1. A written property disclaimer statement on a form

18 established by rule by the Oklahoma Real Estate Commission which

19 states that the seller:

20  a. has never occupied the property and makes no

21              disclosures concerning the condition of the property,

22              and

23  b. has no actual knowledge of any defect; or

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1   2. A written property condition disclosure statement on a form

2 established by rule by the Oklahoma Real Estate Commission which

3 shall include the information set forth in subsection B of this

4 section.

5   B. 1. The disclosure statement shall include an identification

6 of items and improvements which are included in the sale of the

7 property and whether such items or improvements are in normal

8 working order. The disclosures required shall also include a

9 statement of whether the seller has actual knowledge of defects or

10 information in relation to the following:

11          a. water and sewer systems, including the source of

12          household water, water treatment systems, sprinkler

13          systems, occurrence of water in the heating and air

14          conditioning ducts, water seepage or leakage, drainage

15          or grading problems and flood zone status,

16          b. structural systems, including the roof, walls, floors,

17          foundation and any basement,

18          c. plumbing, electrical, heating and air conditioning

19          systems,

20          d. infestation or damage of wood-destroying organisms,

21          e. major fire or tornado damage,

22          f. land use matters,

23          g. existence of hazardous or regulated materials and

24          other conditions having an environmental impact,

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1   h. existence of prior manufacturing of methamphetamine,

2   i. existence of polybutylene pipes,

3   j. any other defects known to the seller, and

4   j. k. other matters the Oklahoma Real Estate Commission

5   deems appropriate.

6   2. The disclosure statement shall include the following notices

7 to the purchaser in bold and conspicuous type:

8   a. "The information and statements contained in this

9   disclosure statement are declarations and

10  representations of the seller and are not the

11  representations of the real estate licensee.",

12  b. "The information contained in this disclosure

13  statement is not intended to be a part of any contract

14  between the purchaser and the seller.", and

15  c. "The declarations and information contained in this

16  disclosure statement are not warranties, express or

17  implied of any kind, and are not a substitute for any

18  inspections or warranties the purchaser may wish to

19  obtain."

20  C. Either the disclaimer statement or the disclosure statement

21 required by this section must be completed, signed and dated by the

22 seller. The date of completion on either statement may not be more

23 than one hundred eighty (180) days prior to the date of receipt of

24 the statement by the purchaser.

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1   D. The Oklahoma Real Estate Commission shall develop by rule

2 the forms for the residential property condition disclaimer and the

3 residential property condition disclosure statement. After

4 development of the initial forms, the Oklahoma Real Estate

5 Commission may amend by rule the forms as is necessary and

6 appropriate.

7   Such forms shall be made available upon request irrespective of

8 whether the person requesting a disclaimer or disclosure form is

9 represented by a real estate licensee.

10  SECTION 2. This act shall become effective November 1, 2025.

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12  60-1-11692      JL  01/04/25

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