Oklahoma · 16 O.S. §§301–307Oklahoma unfair service agreements: long-term listing and service contracts recorded against a home

Oklahoma's Prohibition of Unfair Service Agreements Act took effect November 1, 2024 (16 O.S. §301). It covers service agreements – contracts to provide services for the maintenance, purchase or sale of residential real estate, meaning Oklahoma property used mainly for personal, family or household purposes with one to four dwelling units (§302). An agreement is unfair if any of the service isn't to be performed within one year, or it renews automatically after a one-year term, and it either purports to run with the land or bind future owners, allows assignment without the owner's notice and consent, or purports to create a lien or other security interest (§303(A)). Home warranties, insurance, purchase options and rights of refusal, HOA declarations and association maintenance contracts, mortgage loans, UCC security agreements and regulated utilities are excluded (§303(B)). An unfair agreement is unenforceable (§304). No one may record it or a memorandum of it, the county clerk must refuse it, and if it is recorded anyway it gives no actual or constructive notice against a bona fide purchaser or creditor (§305). An owner may get a district court order declaring it unenforceable and recover actual damages, costs and attorney fees from the service provider who recorded it (§§306, 307).