Oklahoma 2025 Regular Session

Oklahoma House Bill HB1866 Latest Draft

Bill / Introduced Version Filed 01/16/2025

                             
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
HOUSE BILL 1866 	By: Roberts 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to property; amending 60 O.S. 2021, 
Section 833, which relates to property disclosures; 
requiring the disclosure of the existence of 
polybutylene pipes; and providing an effective date . 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     60 O.S. 2021, Section 833, is 
amended to read as follows: 
Section 833. A.  A seller of property located in this state 
shall deliver, or cause to be delive red, to the purchaser of such 
property one of the following: 
1.  A written property disclaimer statement on a form 
established by rule by the Oklahoma Real Estate Commission whic h 
states that the seller: 
a. has never occupied the property and makes no 
disclosures concerning the condition of the property, 
and 
b. has no actual knowledge of any defect; or   
 
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2.  A written property condition disclosure statement on a form 
established by rule by the Oklahoma Real Estate Commission which 
shall include the informatio n set forth in subsection B of this 
section. 
B.  1.  The disclosure statement shall include an identification 
of items and improvements which are included in the sale of the 
property and whether such items or improvements are in normal 
working order.  The disclosures required shall also include a 
statement of whether the seller has actual knowledge of defects or 
information in relation to the following: 
a. water and sewer systems, including the source of 
household water, water treatment systems, sprinkler 
systems, occurrence of water in the heating and air 
conditioning ducts, water seepage or leakage, drainage 
or grading problems and flood zone status, 
b. structural systems, includ ing the roof, walls, floors, 
foundation and any basement, 
c. plumbing, electrical, heating and air conditioning 
systems, 
d. infestation or damage of wood -destroying organisms, 
e. major fire or tornado damage, 
f. land use matters, 
g. existence of hazardous or regulated materials and 
other conditions having an environmental impact,   
 
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h. existence of prior manufacturing of methamphetamine, 
i. existence of polybutylene pipes, 
j. any other defects known to the seller, and 
j. k. other matters the Oklahoma Real Esta te Commission 
deems appropriate. 
2.  The disclosure statement shall include the following notices 
to the purchaser in bold and conspicuous type: 
a. "The information and statements contained in this 
disclosure statement are declarations and 
representations of the seller and are not the 
representations of the real estate licensee. ", 
b. "The information contained in this disclosure 
statement is not intended to be a part of any contract 
between the purchaser and the seller. ", and 
c. "The declarations and inform ation contained in this 
disclosure statement are not warranties, express or 
implied of any kind, and are not a substitute for any 
inspections or warranties the purchaser may wish to 
obtain." 
C.  Either the disclaimer statement or the disclosure statement 
required by this section must be completed, signed and dated by the 
seller.  The date of completion on either statement may not be more 
than one hundred eighty (180) days prior to the date of receipt of 
the statement by the purchaser.   
 
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D.  The Oklahoma Real Estate Commission shall develop by rule 
the forms for the residential property condition disclaimer and the 
residential property condition disclosure statement.  After 
development of the initial forms, the Oklahoma Real Estate 
Commission may amend by rule the forms as is necessary and 
appropriate. 
Such forms shall be made available upon request irrespective of 
whether the person requesting a disclaimer or disclosure form is 
represented by a real estate licensee. 
SECTION 2.  This act shall be come effective November 1, 2025. 
 
60-1-11692 JL 01/04/25