Oklahoma · 59 O.S. §§858-513–858-515.2Oklahoma stigmatized property and square footage: what licensees must and needn't disclose

Under Oklahoma law, the fact or suspicion that real estate is psychologically impacted – because it was the site of a suicide, homicide or other felony, or because an occupant has or was suspected of having HIV, AIDS or another disease highly unlikely to spread through occupancy – isn't a material fact that must be disclosed, and no claim arises against the owner or the licensee for not disclosing it (59 O.S. §858-513(A)–(B)). But if a buyer or tenant making a bona fide offer tells the seller's licensee in writing that the fact matters to the decision, the licensee asks the owner and reports the findings with the owner's consent, consistent with privacy law – or tells the buyer that the owner refuses to disclose (§858-513(C)). Licensees have no duty to disclose information about registered sex offenders or violent crime offenders (§858-514). Square footage: a licensee doesn't have to provide a property's size, any size provided isn't a warranty, and a licensee who passes on third-party information – an appraisal, survey, assessor's record or builder's plan – must name the source; there's no duty to measure or verify it (§858-515.1). A party can recover only actual damages, and only when the licensee knowingly failed to name the source, within two years after the transfer (§858-515.2).