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Oklahoma · 60 O.S. §§831–838Oklahoma property disclosure or disclaimer statement

In Oklahoma the seller gives the buyer either a disclaimer statement – only if the seller never occupied the property and knows of no defect – or a disclosure statement on the Real Estate Commission's form, completed no more than 180 days before the buyer receives it, and in any event before an offer is accepted (60 O.S. §§833–834). If it arrives after the offer, the offer can be accepted only after the buyer acknowledges receipt and confirms the offer in writing. Claims are limited to actual damages and must be brought within 2 years after the transfer.

The rules

  1. Two forms (§833)

    A disclaimer – the seller never occupied the property, makes no disclosures and has no actual knowledge of any defect – or a disclosure statement covering water and sewer (including flood zone status), structure, systems, wood-destroying organisms, fire or tornado damage, land use, hazardous materials, prior methamphetamine manufacturing and other known defects.

  2. 180 days

    Either statement is completed, signed and dated by the seller no more than 180 days before the buyer receives it.

  3. Before acceptance (§834)

    Delivered as soon as practicable and before acceptance of an offer. If delivered after an offer, the offer may be accepted only after the buyer acknowledges receipt and confirms the offer in writing; the same applies to amendments for newly found defects.

  4. Remedies (§837)

    Only actual damages, including repair cost – no exemplary damages – for a missing statement or a known undisclosed defect; suit within 2 years after the transfer; the prevailing party recovers costs and attorney's fees.

Good to know

  • Licensees must obtain the statement from the seller, make it available before acceptance and disclose defects they actually know of (§836).
  • The act replaces common-law disclosure liability between seller, licensee and buyer (§837(F)).
  • Exempt: court-ordered and foreclosure transfers, non-occupant fiduciaries, co-owners, close family, divorce, mergers and government transfers (§838).

What the TC tracks

  • Which statement the seller used – a disclaimer only fits a seller who never lived there.
  • The completion date – no more than 180 days before the buyer receives it.
  • If delivered after the offer: the buyer's signed acknowledgment and written confirmation before acceptance.

Questions about the Oklahoma disclosure

When can an Oklahoma seller use a disclaimer instead of a disclosure?

Only if the seller has never occupied the property and has no actual knowledge of any defect (60 O.S. §833(A)(1)).

How old can an Oklahoma disclosure statement be?

It must be completed no more than 180 days before the buyer receives it (§833(C)).

What if the Oklahoma disclosure arrives after the offer?

The offer may be accepted only after the buyer acknowledges receipt and confirms the offer in writing (§834(B)).

How long does an Oklahoma buyer have to sue?

Two years after the date of transfer, for actual damages only (§837).

Does the Oklahoma form ask about methamphetamine?

Yes, it asks whether the seller knows of prior manufacturing of methamphetamine on the property.

Keep the statement, the buyer's acknowledgment and any confirmation with the deal documents in ClosingCode – dated and in one place.

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Source: Oklahoma Statutes Title 60, §§831–838, Residential Property Condition Disclosure Act (oksenate.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.