Seller disclosure in Oklahoma: the required form and rules

Is a disclosure form required in Oklahoma?

Yes, with one condition for sellers who sell without an agent. The Act applies to residential property with one or two dwelling units. It covers a seller who is represented by a real estate licensee. It also covers a seller who has no licensee but receives a written request from the buyer for a disclosure or disclaimer statement (§ 832). A private seller therefore owes the form once the buyer asks in writing. OREC must make the forms available on request, whether or not the person asking has an agent (§ 833(D)).

The seller chooses one of two documents (§ 833):

• Disclosure statement. The seller states what he or she actually knows about the property’s condition.
• Disclaimer statement. The seller says he or she has never occupied the property, makes no disclosures about its condition and has no actual knowledge of any defect.

Either form must be completed, signed and dated by the seller. The date may not be more than 180 days before the buyer receives it (§ 833(C)).

What the disclosure form covers

The statute lists the subjects. The seller says whether items included in the sale work normally, and whether the seller has actual knowledge of defects in these areas (§ 833(B)):

• water and sewer systems, including leaks, drainage and flood zone status;
• the roof, walls, floors, foundation and any basement;
• plumbing, electrical, heating and air conditioning;
• wood-destroying insects, major fire or tornado damage, and land use matters;
• hazardous materials and environmental conditions, and prior methamphetamine manufacturing;
• any other defect the seller knows about.

A “defect” is a condition that would materially hurt the property’s value or impair occupants’ health or safety (§ 832). The form states the seller’s actual knowledge; it is not a warranty and does not replace an inspection (§§ 832, 833).

OREC’s current Appendix A, dated January 1, 2026, runs five pages. It asks about appliances, zoning and historic status, FEMA flood zones and flood insurance, additions made without permits, foundation repairs and roof age, among other topics. OREC also publishes the disclaimer form (Appendix B) and an exemption form.

When must the seller deliver it?

As soon as practicable, and always before the seller accepts an offer (§ 834(A)). If the form arrives after the buyer has made an offer, the seller may accept only after the buyer has acknowledged receipt in writing and confirmed the offer in writing (§ 834(B), (D)).

If the seller learns of a new defect after delivering the form, the seller must promptly deliver an amended disclosure that is signed and dated (§ 834(C)).

Exemptions

The Act does not apply to these transfers (§ 838):

OREC has an exemption form for the parties to sign. See our Oklahoma foreclosure guide for how a lender’s sale works.

What happens if a seller does not disclose?

The buyer may sue only in these cases (§ 837(A)): the seller did not deliver a form before accepting the offer; the seller left out a defect he or she actually knew about; or the agent failed to disclose a defect the agent actually knew about.

The remedy is limited:

• Damages. The only civil remedy is actual damages, including the cost of repairing the defect, for a defect that existed when the seller accepted the offer. Exemplary (punitive) damages are not available (§ 837(B)).
• Deadline. The suit must start within 2 years after the transfer (§ 837(C)).
• Fees. The winning party gets court costs and a reasonable attorney fee (§ 837(D)).
• The sale stands. A transfer cannot be undone only because someone failed to follow the Act (§ 837(E)). The Act also replaces other common-law remedies on disclosure of defects (§ 837(F)).

I found no right in §§ 831-839 to cancel the contract after receiving the form. Any right to cancel comes from your purchase contract.

A seller is not liable for a defect disclosed before the offer was accepted, or for an error that came from a clearly labeled reasonable approximation, from something the seller did not actually know, or from public-agency information the seller reasonably believed correct (§ 835).

What agents must do

A seller’s agent must obtain the form from the seller and make it available to buyers before an offer is accepted. A buyer’s agent must obtain it and give it to the buyer. Any licensee must tell the buyer about defects the licensee actually knows about that are missing from the form, but has no duty to inspect the home or verify what the seller wrote (§ 836). Violating the Act is grounds for OREC discipline (59 O.S. § 858-312(23)).

Facts a seller does not have to disclose

A suicide, homicide or other felony at the property, or an occupant’s HIV or AIDS diagnosis, is not a material fact that must be disclosed, and silence creates no cause of action (59 O.S. § 858-513). If a buyer making a bona fide offer says in writing that this matters, the seller’s agent must ask the owner and report the answer; if the owner refuses, the agent must say so. Licensees have no duty to disclose information about registered offenders (§ 858-514).

Federal lead-paint rule for homes built before 1978

Sellers of most housing built before 1978 must, under the federal rule (EPA):

1. Give the buyer the pamphlet Protect Your Family From Lead In Your Home.
2. Disclose any known lead-based paint and lead hazards, and hand over available reports.
3. Include a Lead Warning Statement in or attached to the contract.
4. Give the buyer 10 days to test for lead, unless the buyer waives it or both sides agree in writing to another period.
5. Keep a signed copy for three years.

EPA lists foreclosure sales and housing built after 1977 as exceptions. OREC also publishes a lead-based paint seller disclosure form. For what an inspection costs, see home inspection cost.

What buyers can do

Ask for the form in writing before you make an offer, even if the seller has no agent. Read it, then order an inspection, because the form is only what the seller knows. Expect no form on a bank-owned or estate sale. See the home-buying steps and Oklahoma City. If you think a seller hid a defect, an Oklahoma attorney can tell you whether the 2-year deadline fits your case; see who can help at closing.