How to verify a real estate license in Oklahoma

The five trades at a glance

Real estate agents and brokers

It is unlawful to act as a real estate licensee, or hold yourself out as one, without a license under the Oklahoma Real Estate License Code (59 O.S. § 858-301). Owners selling their own property do not need one. OREC’s “Search for a Licensee” page sends you to its online licensee register. Check that the license is active and that the agent works under the brokerage named in your contract.

Two reasons to check:

• Unlicensed activity is penalized. An unlicensed person who violates the Code faces a misdemeanor with a fine up to $5,000, up to six months in jail, or both. OREC can also fine an unlicensed person up to $5,000 or the commission earned, whichever is greater (§ 858-401).
• Unlicensed agents cannot sue for commissions. A person acting as a licensee cannot bring a court action for compensation without alleging and proving he or she was licensed when the claim arose (§ 858-311).

OREC can fine a licensee $100 to $2,000 per violation, up to $5,000 for all violations from one transaction (§ 858-402). OREC says a complaint against a licensee must be sworn, and it directs questions to help@orec.ok.gov or (405) 521-3387 (weekdays, 8:00 a.m. to 4:30 p.m.). It does not handle landlord-tenant disputes.

Mortgage loan originators (NMLS)

Anyone in the business of a mortgage broker, lender or loan originator for a dwelling in Oklahoma must be licensed, unless exempt, and must hold a unique identifier from the Nationwide Multistate Licensing System and Registry (NMLS) (59 O.S. §§ 2095.5, 2095.13). The Administrator of Consumer Credit licenses them. Exemptions include a person negotiating a loan for an immediate family member or on his or her own residence (§ 2095.3).

The NMLS ID must appear on all residential loan applications, solicitations and advertisements, including business cards and websites (§ 2095.4). So you can ask for it and look it up on NMLS Consumer Access (nmlsconsumeraccess.org). The Department of Consumer Credit’s page for loan originators links to NMLS resources.

Home inspectors

Since July 1, 2003, it has been unlawful to do a home inspection for pay, or advertise as a home inspector, without a license under the Home Inspection Licensing Act (59 O.S. § 858-623). The Act does not cover:

• inspections of new residential construction;
• licensed architects practicing architecture;
• people with another occupational license who inspect only within that license;
• government employees acting within their jobs.

The Construction Industries Board (CIB) licenses home inspectors, and its “Are They Licensed?” page links to a search for building and home inspectors and for electrical, mechanical and plumbing licensees. CIB’s licensing path generally requires a 90-hour approved training course and an exam. An unlicensed person who willfully violates the Act faces a misdemeanor, a fine up to $1,000 and up to six months in jail (§ 858-632). See home inspection cost for pricing.

Appraisers (state board and national registry)

Oklahoma certifies appraisers in four classes: trainee, state licensed, state certified residential and state certified general (59 O.S. § 858-710). The Act applies to appraisals tied to federally related transactions and to those that state they follow USPAP, and otherwise participation is voluntary: users of appraisals decide whom to hire (§§ 858-702, 858-704). No one may use “state certified” for an Oklahoma appraisal without certification (§ 858-704).

The Insurance Department keeps the state registry and sends it to the federal Appraisal Subcommittee (ASC) (§ 858-707). The ASC’s National Registry search lets you choose Oklahoma, a certificate type (certified general, certified residential or licensed) and a name. A certificate lasts three years (§ 858-714). The Real Estate Appraiser Board can revoke, suspend, reprimand and fine certificate holders, with fines of $50 to $2,000 per violation and up to $5,000 per incident (§ 858-723). The ASC also runs an appraisal complaint hotline. See home appraisal cost.

Land surveyors

It is unlawful to practice or offer to practice surveying in Oklahoma, or to use the title “surveyor,” without a license from the State Board of Licensure for Professional Engineers and Surveyors (59 O.S. § 475.1). The board must make a roster of licensees available to the public (§ 475.11). Licenses and firm certificates run for 24 months (§ 475.16). The board’s site, OKPES, links to “Search for a Licensee or Firm.” Unlicensed practice carries criminal penalties, and the board can impose administrative penalties of $500 to $20,000 per violation (§ 475.20). For price and purpose, see what a land survey costs.

What to do if a license is expired or suspended

1. Do not sign anything yet. An expired or suspended license means the person should not be doing the work. Ask for current proof, and check the lookup again, since records may lag.
2. Hire someone else if the answer is no. Using an inactive, expired or suspended appraiser certificate is itself a violation (§ 858-704(B)).
3. Report it. File a sworn complaint with OREC for agents; contact the Department of Consumer Credit, CIB, the Insurance Department or the surveyors’ board for the other trades. For appraisers, ASC lists a complaint hotline.
4. Keep records. Save the lookup result, your contract and your emails. In limited cases the Oklahoma Real Estate Education and Recovery Fund pays a loss caused by a licensee’s violation, after a court judgment on a suit filed within two years (§ 858-603). See real estate attorneys in Oklahoma.

For the full buying sequence, see the home-buying steps, the Oklahoma seller disclosure rules and Oklahoma City.