The broker-relationships provisions of the Oklahoma Real Estate License Code, 59 O.S. §§ 858-351 to 858-363 (checked 2026-09-09)
Eight of the fifty state items test 59 O.S. §§ 858-351 through 858-363. Oklahoma is not a common-law agency state: section 858-360 abrogates agency and replaces it with a statutory list of duties, so answers imported from the national agency material will be wrong here.
No agency, no subagency, no dual agency
Section 858-360(A) provides that the duties in sections 858-351 through 858-363 "shall replace and abrogate the fiduciary or other duties of a broker to a party based on common law principles of agency," and (B) adds that "a broker shall not be an agent, subagent, or dual agent and an offer of subagency shall not be made to other brokers." Section 858-361 nonetheless permits the word "agent" in a trade name and as a general reference for a licensee, and 858-362 provides that a party is not vicariously liable for the acts or omissions of the licensee providing brokerage services. Section 858-359(A) removes the other common shortcut: "the payment or promise of payment or compensation by a party to a broker does not determine what relationship, if any, has been established." The single-party-broker and transaction-broker categories Oklahoma once had were repealed effective November 1, 2013.
The mandatory duties
Section 858-353(A) sets seven duties owed to all parties, "mandatory and may not be abrogated or waived by a broker": honesty and reasonable skill and care; receiving, reducing to writing on request and timely presenting all written offers and counteroffers unless specifically waived in writing; timely accounting for all money and property received; keeping confidential information confidential; disclosing property information required by the Residential Property Condition Disclosure Act; complying with the Code and all applicable statutes and rules; and, since November 1, 2024, disclosing compensation and fees in writing before the effective date of the contract for sale or lease and stating the period the compensation agreement is valid, capped at one year and defaulting to sixty days. Subsection (B) adds two duties owed only to the party served: informing that party in writing when an offer is made of the costs she will be expected to pay and their approximate amount, and keeping her informed about the transaction.
Confidentiality is a closed list
Section 858-353(A)(4) names four categories and says they "shall be the only information considered confidential in a transaction": that a party will pay more or accept less than what is offered; that a party will agree to different financing terms; the party's motivating factors; and anything a party specifically designates as confidential unless it is public. Known defects are not on the list and must be disclosed. Section 858-358 carries two duties past the end of the relationship - accounting for monies and property, and continued confidentiality - unless a written brokerage agreement provides for more.
Disclosure and who signs what
All brokerage agreements must incorporate the 858-353 duties as material terms (858-355.1(A)). A broker serving one or both parties must describe and disclose those duties in writing before the party signs a contract to sell, purchase, lease, option or exchange (858-355.1(C)), and section 858-356 requires each party to confirm the disclosure in writing "in a separate provision, incorporated in or attached to the contract." A firm serving both parties owes a further written notice to both (858-355.1(D)), and a broker providing fewer services than the transaction needs owes a written description of the steps she will not handle (858-355.1(E)). Under 858-363 an associate may sign, but only in the broker's name. Where a broker manages for a landlord, OAC 605:10-15-2(c) provides that serving the tenant does not create a broker relationship with the tenant unless agreed in writing, though the broker still owes the tenant honesty and reasonable skill and care.
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State-specific details
State exam facts
- State regulator
- Oklahoma Real Estate Commission (OREC)
- Exam vendor
- Pearson VUE
- Prelicensing education
- 90 clock hours of advanced instruction + the 15-hour Broker in Charge course
- Passing score
- 75% scaled on each portion
- Scored questions
- 130
- Time limit
- 240 minutes
Who regulates real estate brokers in Oklahoma?
The Oklahoma Real Estate Commission (OREC) licenses brokers, broker associates, sales associates, and provisional sales associates under 59 O.S. §§ 858-101 et seq. OREC's exams are delivered by Pearson VUE, which replaced PSI; the current Oklahoma content outline took effect April 2, 2024.
What experience do I need before the Oklahoma broker exam?
Under 59 O.S. § 858-303, a broker applicant needs two years of active licensure within the previous five years (or its equivalent) AND documentation verifying ten completed real estate transactions within the past five years, on top of 90 clock hours of advanced real estate instruction and the Broker in Charge course.
How is the Oklahoma broker exam structured?
Two separately scored portions delivered by Pearson VUE: a national portion of 80 scored items plus 5 pretest items in 150 minutes, and an Oklahoma state portion of 50 scored items plus 10 pretest items in 90 minutes. A scaled score of 75% is required on each. Salesperson candidates take a 40-item state portion and need 70% — the higher broker standard is OREC's own long-standing rule at OAC 605:10-3-5(f), not a 2024 change. Two of the six state areas, Trust Accounts and Trust Funds and Broker Management, are broker-only and account for 14 of the 50 state items.
Sources: https://oklahoma.gov/orec.html, https://www.pearsonvue.com/us/en/ok/realestate.html, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/093800.pdf, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/093801.pdf, https://oklahoma.gov/content/dam/ok/en/orec/documents/meetings/Nov%201%202025%20Oklahoma%20Real%20Estate%20Commission%20Code%20and%20Rules%20Book.pdf
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