govt.fyi
Back to SB 1965
Oklahoma Legislature· SB 1965Second Reading referred to Judiciary

An act relating to conveyances, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                               STATE OF OKLAHOMA

1

2                  2nd Session of the 60th Legislature (2026)

2

3 SENATE BILL 1965                By: Stewart
3

4

4

5

5

6                               AS INTRODUCED

6

7           An Act relating to conveyances; requiring certain

7           documentation when filing a memorandum of agreement;

8           authorizing property owners to request removal upon

8           certain showing; requiring county clerks to notify

9           filers in certain circumstances; creating misdemeanor

9           offense; providing for penalties; providing for civil

10          liability; providing for codification; and providing

10          an effective date.

11

11

12

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13

14  SECTION 1.      NEW LAW       A new section of law to be codified

14

15 in the Oklahoma Statutes as Section 312 of Title 16, unless there is
15

16 created a duplication in numbering, reads as follows:
16

17  A. Any person who files a memorandum of agreement (MOA) with a

17

18 county clerk in this state shall provide the following with such
18

19 filing:
19

20  1. A fully executed real estate contract, option agreement, or

20

21 other written instrument that satisfies the statute of frauds that
21

22 establishes the filer's valid contractual interest in the real
22

23 property affected by the MOA;
23

24

24

    Req. No. 3474                                                Page 1
1   2. An accurate and full legal description of the real property

1

2 affected by the MOA and the purchase price of the property or price
2

3 per acre of the property affected by the MOA; and
3

4   3. A sworn affidavit affirming the validity of the real estate

4

5 contract and that the filing is being made in good faith.
5

6   B. A property owner who has a fraudulent MOA filed against his

6

7 or her property may request the county clerk to remove the MOA from
7

8 the property by filing a sworn affidavit affirming the invalidity of
8

9 the real estate contract and that the filing is being made in good
9

10 faith.
10

11  C. Upon the filing of an affidavit pursuant to subsection B of

11

12 this section, the county clerk shall notify the filer of the MOA and
12

13 request proof that the MOA is not fraudulent. If proof that the MOA
13

14 is not fraudulent is not received by the county clerk within fifteen
14

15 (15) days of the day of notification by the county clerk, the county
15

16 clerk shall remove the MOA from the property's record.
16

17  D. 1. Any person who knowingly or willfully files a fraudulent

17

18 or unsupported MOA shall, upon conviction, be guilty of a
18

19 misdemeanor and be subject to not more than one (1) year of
19

20 imprisonment in the county jail, a fine not to exceed One Thousand
20

21 Dollars ($1,000.00), or both such imprisonment and fine.
21

22  2. Property owners may recover actual and punitive damages,

22

23 including any lost sale value of the property, attorney fees, and
23

24 costs.
24

    Req. No. 3474                                             Page 2
1   SECTION 2. This act shall become effective November 1, 2026.

1

2

2

3   60-2-3474      BLB  1/15/2026 9:15:09 AM

3

4

4

5

5

6

6

7

7

8

8

9

9

10

10

11

11

12

12

13

13

14

14

15

15

16

16

17

17

18

18

19

19

20

20

21

21

22

22

23

23

24

24

    Req. No. 3474                             Page 3
Every fact on this page links to its source, starting with the official bill record.