Oklahoma Real Estate Broker Exam — All Questions

A new environmental ordinance leaves a landowner with no economically viable use of a parcel, although the government takes no title to it. The owner's strongest constitutional claim is:

• a.The ordinance is void because zoning cannot restrict use
• b.A regulatory taking entitling the owner to payment✓
• c.Escheat has occurred and the state now owns the parcel
• d.Spot zoning, since only this parcel lost its value

Regulation that goes so far it denies an owner all economically viable use is treated as a regulatory taking, and just compensation is owed even though the government never took title. Arguing that zoning simply cannot restrict use fails, because regulating land is a valid exercise of the police power and owners have no right to the most profitable use. Escheat moves property to the state only when an owner dies with no will and no heirs, which has nothing to do with an ordinance. Spot zoning describes singling out one parcel for a different classification, not a general environmental rule applied to a class of land.

Reviewing a title report, a broker finds an old recorded covenant, written decades ago, that bars resale of the lot to members of a specified race. Its legal effect today is:

• a.It binds the buyer because it was recorded before purchase
• b.It is void, so a court will never enforce it or enjoin it✓
• c.It stays valid until the homeowners association removes it
• d.It is enforceable by the association but not by an owner

A private restriction that discriminates on a protected basis is void and unenforceable under the federal Fair Housing Act and the Civil Rights Act of 1866, so no court will order compliance or enjoin a violation, and the association has no power the courts would back. Recording rescues nothing, because an illegal restriction gains no force from sitting in the public record. No association vote is required to strip it of effect, although many states let an owner have the language formally struck. Valid CC&Rs, by contrast, are enforced privately by injunction brought by an owner or the association. A broker must never repeat or give effect to such language.

A grantor signs and notarizes a deed naming a nephew as grantee, locks it in a safe deposit box, and tells no one. The grantor later dies. What is the deed's effect?

• a.Title passed when the grantor signed the deed
• b.Title passed because the deed was acknowledged
• c.No title passed, because delivery never occurred✓
• d.Title passes when the estate later records it

A deed operates only when the grantor delivers it with the present intent to pass title and the grantee accepts, and both must happen while the grantor is alive. Signing accomplishes nothing while the instrument stays under the grantor's control in a box no one knows about. Acknowledgment before a notary serves recording, not validity, so notarizing it changes nothing here. An estate representative cannot supply the delivery the grantor failed to make, and recording an undelivered deed does not revive it. The nephew takes only through the will or the intestacy statute, which is why closings hand over the executed deed rather than merely signing it.

A deed is signed by a competent grantor and handed to a grantee who accepts it, but the grantor's signature was never notarized. As between those two parties, the deed is:

• a.Void, since notarizing is a validity requirement
• b.Valid, though it cannot be recorded as it stands✓
• c.Valid only if the grantee later pays a recording fee
• d.Voidable at the option of the grantor's creditors

Acknowledgment is a recording requirement, not an element of a valid deed. Delivered and accepted, the deed transfers title between grantor and grantee even with no notary, but the recorder will reject it, leaving the grantee exposed to later purchasers and lienholders who record first. Calling it void confuses the two ideas: validity turns on a competent grantor, an identifiable grantee, words of conveyance, an adequate legal description, the grantor's signature, and delivery and acceptance. Paying a fee cannot cure a missing acknowledgment, because the recorder cannot accept the instrument at all. Creditors of the grantor gain no power to undo a completed conveyance.

In a deed, which clause opens with the words 'to have and to hold' and defines the extent of the estate the grantee is receiving?

• a.The granting clause containing the words of conveyance
• b.The habendum clause, following the granting clause✓
• c.The acknowledgment taken before a notary public officer
• d.The legal description identifying the land conveyed

The habendum clause follows the granting clause, begins with the traditional phrase 'to have and to hold,' and spells out the estate conveyed, for example a fee simple absolute or a life estate. The granting clause holds the words of conveyance that actually transfer the interest and names the grantee. The acknowledgment is the notary's certificate that the signature is genuine, which the recorder requires but the transfer does not. The legal description identifies the land by metes and bounds, lot and block, or government survey, and it fixes what is conveyed rather than how much of an estate. Reading both clauses tells a broker exactly what the buyer is getting.

A relocation company that has owned a home for three months conveys it, warranting title only against defects that arose during its own ownership. The deed it delivers is a:

• a.Bargain and sale deed implying ownership without covenants
• b.General warranty deed covering the entire chain of title
• c.Quitclaim deed conveying only the interest actually held
• d.Special (limited) warranty deed covering the grantor's period✓

Warranting only against defects created or suffered while the grantor held title describes the special or limited warranty deed, the customary instrument for corporate, relocation, and fiduciary sellers who cannot vouch for what earlier owners did. A general warranty deed reaches back through the whole history of the property and offers the broadest protection, which is more than this seller is giving. A quitclaim carries no warranties at all and passes only whatever interest the signer happens to hold. A bargain and sale deed implies that the grantor owns the property but adds few or no covenants. A buyer taking narrower covenants should lean on an owner's title policy.

A title search shows that a seller's former spouse may still hold a possible interest in the property. What is the usual instrument used to release that interest and clear the record?

• a.A quitclaim deed from the former spouse✓
• b.A general warranty deed from the former spouse
• c.A trustee's deed issued after a foreclosure
• d.A correction deed fixing the legal description

A quitclaim releases whatever interest the signer may hold, with no warranties attached, which makes it the standard tool for removing a cloud such as a possible marital interest, a stale easement claim, or a name discrepancy. Demanding a general warranty deed asks the former spouse to guarantee title he or she may never have owned, and it is normally refused. A trustee's deed is what the trustee under a deed of trust issues to the purchaser at a foreclosure sale. A correction deed reforms a mistake in an earlier deed between the same parties and cannot release an outsider's claim.

A court-appointed personal representative sells a decedent's home during probate, and the buyer's broker asks what instrument will convey title. The answer is:

• a.A trustee's deed given after a nonjudicial foreclosure
• b.A sheriff's deed issued following a judicial sale
• c.A general warranty deed with full title covenants
• d.An executor's or personal representative's deed✓

Estate property is conveyed by an executor's deed when a will names the executor, or by a personal representative's or administrator's deed when the court makes the appointment; these deeds recite the court authority and give only limited covenants. A trustee's deed comes from the trustee under a deed of trust after a nonjudicial foreclosure sale. A sheriff's deed, called a referee's deed in some states, follows a judicial sale ordered by a court. A general warranty deed is not used, because a fiduciary will not personally guarantee title against the acts of the decedent or of owners further back in the chain.

After closing under a general warranty deed, a buyer discovers a recorded utility easement that the deed never disclosed. Which covenant did the grantor breach?

• a.Quiet enjoyment, a promise against eviction by better title
• b.Seisin, a promise that the grantor owns the estate conveyed
• c.Against encumbrances, a promise of no undisclosed burdens✓
• d.Further assurance, a promise to sign curative papers

The covenant against encumbrances promises that no liens, easements, or similar burdens exist beyond those the deed discloses, so a recorded easement left unmentioned breaches it at the moment of delivery. Seisin promises the grantor actually owns the estate being conveyed, which is not the trouble when ownership is sound but burdened. Quiet enjoyment shields the grantee from later eviction by someone holding superior title, and an easement holder's use is not an eviction. Further assurance obliges the grantor to sign additional documents needed to perfect title. A general warranty deed carries all of these along with the right to convey and warranty forever.

A neighbor has openly farmed and fenced a strip of an absentee owner's land, excluding others and never asking permission. To take title by adverse possession the neighbor must prove:

• a.Payment of the owner's property taxes for every year
• b.Open, notorious, continuous, hostile, and exclusive possession✓
• c.A written agreement signed by the record title owner
• d.A recorded deed describing the disputed strip of land

Adverse possession requires possession that is open and notorious, continuous, hostile in the sense of being without permission, and exclusive, held for the statutory period set by state law. Some states add payment of taxes or color of title, but those elements are not universal, so a broker should never assume them from another state's rule. A written agreement from the record owner would destroy the claim outright, since permission defeats hostility. Recording a deed creates no possession and cannot manufacture the required years of use. Adverse possession is one form of involuntary alienation, alongside descent, escheat, foreclosure, eminent domain, and accretion.

An owner dies leaving no will, and after a diligent search no heirs can be located. A broker asked to list the property should understand that title:

• a.Passes by devise to the beneficiaries named in a will
• b.Descends to the decedent's nearest surviving creditors
• c.Vests permanently in the administrator the court appoints
• d.Escheats to the state, an involuntary transfer of title✓

Escheat is the state's claim to property when an owner dies intestate and no heirs can be found, and it is a classic involuntary transfer rather than a voluntary one by deed or will. Devise is a gift of real property by will, so it cannot operate where there is no will and no named beneficiary. Descent carries property to heirs under the intestacy statute, but creditors are paid as claimants out of the estate and never inherit the land itself. An administrator has authority to manage and convey estate property during probate, not to own it permanently. Each state sets its own escheat procedure and waiting period.

A search reveals an old mortgage of record that was paid off but never released, and the lender no longer exists. Which step clears that cloud so title is marketable?

• a.Ordering an abstract of title with an attorney's opinion
• b.Buying an owner's title policy that insures over it
• c.Filing a quiet title action asking a court to clear it✓
• d.Recording a correction deed signed by the current seller

A quiet title action asks a court to determine ownership and extinguish a stale or unreleasable claim, which is the practical cure when the mortgagee has vanished and no release can be obtained. An abstract of title with an attorney's opinion summarizes and evaluates the recorded chain; it reports the cloud rather than removing it, and it offers no indemnity. An owner's policy may insure over a known risk, but insurance pays for loss and leaves the defect on the record for the next buyer to confront. A correction deed fixes a drafting error between the original parties and cannot release a third party's lien.

A seller deeds a parcel to one buyer and later deeds the same parcel to a second buyer, who records first. Which framework decides who owns the land?

• a.A federal recording statute applied in all fifty states
• b.The state's recording act, race, notice, or race-notice✓
• c.The order in which the two deeds were signed and dated
• d.The county recorder's discretion over competing claims

Priority between competing grantees is governed by the recording act of the state where the land lies, and the schemes differ: a pure race state protects whoever records first, a notice state protects a later purchaser who took without notice of the earlier deed, and a race-notice state protects one who took without notice and recorded first. No federal statute governs land recording. Signing dates do not decide the contest, which is precisely why a public recording system exists. Recorders act ministerially and have no power to resolve claims. Because the gap between closing and recording is the danger zone, a broker should press for prompt recording.

A buyer pays for a lender's title policy at closing and asks the broker whether it also protects the buyer's equity in the home. The correct answer is that the policy:

• a.Protects both parties equally up to the full purchase price
• b.Protects the buyer once the mortgage has been fully repaid
• c.Protects the buyer against defects arising after closing
• d.Protects only the lender, declining with the balance✓

A lender's, or mortgagee's, policy insures only the lender's security interest, and its coverage shrinks as the principal is paid down, ending altogether when the loan is satisfied. It never covers the buyer's equity, which is why a separate owner's policy is offered at closing for a one-time premium and lasts as long as the insured holds an interest. Repaying the mortgage does not convert the lender's coverage into the buyer's; it extinguishes it. And no title policy insures defects that first arise after its date. Brokers should explain this plainly before a buyer waives owner's coverage to save money.

Six months after closing, a contractor the buyer hired records a mechanic's lien against the home. The buyer files a claim under the owner's title policy. The insurer will most likely:

• a.Deny, because the defect arose after the policy was issued✓
• b.Pay, because owner's policies cover all future liens
• c.Pay, because the standard exceptions were removed
• d.Deny, because only a lender may file a title claim

Title insurance looks backward: it covers defects that already existed when the policy was issued but were not discovered or excepted, not events that happen later. A lien for work the buyer ordered after closing is a new problem the buyer must resolve directly. Buying extended coverage removes standard exceptions and broadens what is insured as of the policy date, but it does not push coverage forward in time. Owners plainly may claim under their own policies; the lender's policy is the one limited to the lender. Extended coverage typically depends on a current survey, which reveals encroachments and boundary issues a records search alone cannot.

A buyer tours a house and finds an occupant who is not the seller living there under an unrecorded lease. What kind of notice does that occupancy give the buyer?

• a.Actual notice, given by the seller's written disclosure
• b.Constructive notice, given by the public record
• c.No notice at all, since the lease was not recorded
• d.Inquiry notice, requiring the buyer to ask about it✓

Someone in possession who is not the seller puts a buyer on inquiry notice: the buyer is charged with whatever a reasonable investigation of that occupancy would have turned up, including an unrecorded lease or an option to purchase. Actual notice is what a party genuinely knows, typically from a disclosure or a conversation, and no one has told this buyer anything. Constructive notice comes from the public record, which by definition cannot reveal an unrecorded lease. Treating an unrecorded interest as invisible is the classic error, because possession is itself notice. A broker should always ask who occupies a property and on what terms.

Which body does 59 O.S. § 858-201 make the only governmental entity in Oklahoma with authority to regulate and issue real estate licenses?

• a.The Oklahoma Real Estate Commission, a seven-member state board✓
• b.The county clerk of the county in which the property is located
• c.The Oklahoma Bar Association, through its real property section
• d.The Oklahoma Tax Commission, through its ad valorem tax division

Section 858-201(A) re-creates the Oklahoma Real Estate Commission with seven members and states that it "shall be the sole governmental entity, state, county or municipal, which shall have the authority to regulate and issue real estate licenses in the State of Oklahoma." Five of the seven must be licensed brokers with at least five years' active brokerage experience, one is a lay person, and one represents an approved Oklahoma school of real estate. Section 858-208 then gives the Commission its working powers: promulgating rules, administering examinations, issuing licenses, and disciplining licensees by reprimand, probation, added education, suspension, revocation or administrative fine. A county clerk keeps land records for the county and has no jurisdiction over a person's right to practice. The Bar Association governs lawyers, and 858-301(3) expressly leaves attorneys-at-law free to perform their own duties without a real estate license rather than putting licensees under the Bar. The Tax Commission collects revenue; a sale may generate tax, but taxation is not licensure.

An Oklahoma sales associate is asked to sit at an open house for one afternoon for a different brokerage. Under OAC 605:10-11-1, this is:

• a.Allowed for up to thirty days without any broker's approval being needed
• b.Prohibited outright, because an associate may never leave the home office
• c.Allowed only after the associate has registered a second license with OREC
• d.Allowed only if the associate's own broker agrees to loan the associate out✓

Rule 605:10-11-1(b) states flatly that "an associate shall not be allowed to work for more than one broker at the same time," then carves out one route: the associate's broker may agree to loan the associate to another broker "for a specific duty to be performed," and the rule's own first example is "sitting at an open house." Calling an auction and any other specific duty requested in writing and approved by the Commission are the other two. Paragraph (b)(2) keeps the loaning broker on the hook — "the broker is responsible for all acts performed by the associate while the associate is performing a specific duty for another broker." There is no thirty-day free period anywhere in the rule, and the permission required is the broker's, not the passage of time. Nor is the practice forbidden altogether; the rule contemplates it and simply routes it through the broker. And no second license exists to be registered: 605:10-11-2 issues one license per associate through the individual License Portal, and 858-363 requires each associate to be associated with a real estate broker.

Besides two years' active licensure within the previous five years, what does 59 O.S. § 858-303 require a broker applicant to document?

• a.Five real estate transactions completed within the past two years
• b.Ten real estate transactions completed within the past five years✓
• c.Twenty real estate transactions completed within the past ten years
• d.Three years of unbroken employment with one Oklahoma brokerage

Section 858-303(A)(3) requires the applicant to "provide documentation verifying ten real estate transactions within the past five (5) years or the equivalent as determined by the Commission," and the section defines transaction for this purpose as "the completed sale, exchange, purchase, or lease of real estate," demonstrated on forms the Commission develops. That sits alongside 858-303(A)(1), two years' active licensure within the previous five, and 858-303(A)(2), ninety clock hours of advanced real estate instruction plus the Broker in Charge course — education that is only valid for three years from the date the school certifies completion. A broker associate moving up under 858-303(D) still owes the two years, the Broker in Charge course and the same ten transactions, but not a second ninety hours. The other figures here are invented; the Code names no five, twenty or three-year employment test, and nothing requires an applicant to have stayed with a single firm.

Oklahoma's real estate license tiers, listed from the entry level upward, run:

• a.Provisional sales associate, sales associate, broker associate, broker✓
• b.Broker, broker associate, sales associate, provisional sales associate
• c.Sales associate, provisional sales associate, broker associate, broker
• d.Provisional sales associate, broker associate, sales associate, broker

Section 858-302 puts an applicant who is at least eighteen and has completed ninety clock hours of basic real estate instruction into the provisional sales associate tier. Section 858-102(8) then makes that license non-renewable unless the licensee completes an additional forty-five clock hours of post-license education within the first twelve-month term, at which point the licensee becomes a sales associate. Section 858-303A adds the broker associate tier — two years' active licensure within the previous five plus ninety clock hours of advanced instruction and an examination — and 858-303 sets the broker tier at the top, adding the Broker in Charge course and documentation of ten transactions. Reversing the list puts the most autonomous license at the entry point. Putting sales associate before provisional inverts the post-license step that separates them. And the broker associate rung sits above sales associate, not between provisional and sales associate.

In an Oklahoma associate's advertisement, OAC 605:10-9-4 requires the broker's reference to be at least:

• a.Twenty percent or larger than any associate reference in the advertisement
• b.Fifty percent or larger than any associate reference in the advertisement✓
• c.Equal in size to the largest photograph appearing in the advertisement
• d.One inch in height, measured on the printed version of the advertisement

Rule 605:10-9-4(b)(3) requires an associate to include the broker's name or the name the broker operates under "in such a way that the broker's reference is prominent, conspicuous and easily identifiable," and then defines that phrase in numbers: "the broker's reference shall be at least fifty percent (50%) or larger than any associate reference included in the advertisement." The same fifty-percent test governs team advertising at (c)(3). Paragraph (b)(1) bars an associate from advertising under only the associate's name, and (a)(7) carries the whole rule onto social networking, where a licensee must show license status and the broker's reference. The one-inch figure is real but belongs elsewhere — 605:10-9-2(b) sets it for the letters on the office identification sign. No provision scales advertising type to a photograph, and twenty percent appears nowhere in the chapter.

Under Oklahoma's statute of frauds, 15 O.S. § 136, a lease of real property must be in writing once its term is longer than:

• a.One year✓
• b.Six months
• c.Three years
• d.Ninety days

Section 136(4) makes invalid, unless in writing and subscribed by the party to be charged, "an agreement for the leasing for a longer period than one (1) year, or for the sale of real property, or of an interest therein." The same paragraph adds a trap worth knowing: if the agreement is made by an agent or a broker for the party sought to be charged, it is invalid "unless the authority of the agent or the broker be in writing, subscribed by the party sought to be charged" — so the listing or management authority itself has to be written. The section's opening language was amended in 2013 to let the writing be subscribed "by a broker of the party pursuant to Sections 858-351 through 858-363 of Title 59," tying the statute of frauds directly to the Broker Relationships Act. Six months, three years and ninety days appear nowhere in the section; a one-year lease made orally is outside the statute, while a thirteen-month lease is inside it.

An Oklahoma licensee is selling a rental house she owns herself. Under OAC 605:10-9-4(d), she must:

• a.Disclose her licensed status to the buyer's broker at closing, and give her license number to the closing agent if it is requested
• b.Place her license on inactive status for the length of the sale, and market the property only through a disinterested outside firm
• c.Say nothing about the license at all, because the rule reaches a licensee who is buying property rather than one who is selling it
• d.Disclose in writing on all transaction documents and in all advertising that she is licensed, and give her license number on the contract✓

Rule 605:10-9-4(d)(1) covers a licensee, active or inactive, who is buying real estate or who owns property being sold, exchanged, rented or leased, whether handled personally or through a firm: "the licensee is required to disclose in writing on all documents that pertain to the transaction and in all advertisements that he or she is licensed. On all purchase or lease contracts the licensee is to include their license number." Section 858-312(20) backs it up by making it a cause for discipline to advertise to buy, sell, rent or exchange real estate "without disclosing in writing that the licensee is a real estate licensee." So the duty runs to buying and selling alike, and it is discharged in the documents and the advertising rather than in a private word at closing. Nothing requires the licensee to go inactive or to list elsewhere; 605:10-9-4(d)(3) even carries the same disclosure duty to a licensee acting under a power of attorney. The narrow exception at (d)(2) is for a licensee acting as a direct employee of an owner or as an officer for an entity and not in the capacity of a licensee.

OREC opens a complaint against an Oklahoma broker. Under OAC 605:10-17-2, the broker must file an adequate written response within:

• a.Fifteen days of the notice, or be considered in default✓
• b.Thirty days of the notice, or be considered in default
• c.Sixty days of the notice, or be considered in default
• d.Ten business days of the notice, or be fined automatically

Rule 605:10-17-2(b) requires the licensee or unlicensed person to be notified within a reasonable time and "to file an adequate written response within fifteen (15) days of the notice," and warns that "if an adequate written response is not filed within fifteen (15) days, the respondent shall be considered in default and appropriate sanctions may be imposed, if the evidence is deemed sufficient by the Commission." Section 858-312(26) makes the same failure an independent cause for discipline. The rule also names the channel — responses are filed by mail or emailed to investigations@orec.ok.gov with the case number, the party's name and "Response to Complaint" in the subject line. A complaint may be filed by any person on a Commission form, on a form of the complainant's own, or ordered by the Commission on its own motion under (a). Thirty and sixty days appear nowhere, and default is not an automatic fine; sanctions still require sufficient evidence.

An Oklahoma broker refuses to release a departing associate. Under OAC 605:10-11-2, once the associate notifies the broker and the Commission in writing:

• a.The Commission holds the license inactive for thirty days while it looks into the broker's reasons
• b.The associate has to obtain a court order compelling the broker to sign the release form first
• c.The associate may start with the new broker at once and file the transfer paperwork within thirty days
• d.The Commission sends one more email notice and then releases the licensee within three business days✓

Rule 605:10-11-2(b) is short and self-executing: "In the event a broker refuses for any reason to release an associate, the associate shall notify the broker and Commission in writing of the disassociation. Upon receipt by the Commission of such notice, the Commission will provide one (1) additional email notice to the broker and shall release the licensee within three (3) business days." No investigation, no inactive holding period and no court are involved — the reason for the refusal is expressly irrelevant. The rest of the rule sets the ordinary path: a change of association or of office within a firm must be filed with the Commission within ten days, the new broker must consent to sponsor the associate, and the associate pays a forty-dollar fee. Paragraph (d) lets an active associate keep working through a transfer only "if the change is done in a timely manner and in compliance with the ten (10) day notification requirement," which is why the thirty-day version is wrong.

An Oklahoma licensee pleads guilty to a felony. Under 59 O.S. § 858-301.2, written notice to the Commission is due:

• a.Within thirty days of the plea, and again within thirty days of judgment and sentencing✓
• b.Within thirty days of the plea only, since the sentencing is already a public record
• c.At the next renewal, on the criminal history question printed on the renewal form
• d.Within ten days of the plea, and again within ten days of judgment and sentencing

Section 858-301.2 requires every person licensed under the Code to "notify the Commission in writing of the conviction or plea of guilty or nolo contendere to any felony offense within thirty (30) days after the plea is taken and also within thirty (30) days of the entering of an order of judgment and sentencing." Two separate notices, thirty days each, and a plea of no contest triggers it just as a guilty plea does. Section 858-312(27) makes the failure a cause for discipline in its own right, so missing the second notice is itself a violation even where the first was given. Waiting for renewal misses both deadlines, and ten days is not the figure in this section — ten days is the filing period for changes of address, association or name under 605:10-9-5 and 605:10-11-2. Separately, 858-301.1 bars an applicant convicted of a felony that substantially relates to the occupation and poses a reasonable threat to public safety from licensure for ten years after the sentence is completed.

To renew an active Oklahoma broker license, OAC 605:10-3-6 requires the thirty continuing-education hours to include:

• a.The fifteen-hour Broker in Charge course and six hours of Contracts and Forms✓
• b.The fifteen-hour Broker in Charge course and six hours of Professional Conduct
• c.Thirteen hours of required subject matter and seventeen elective hours as usual
• d.Six hours of Contracts and Forms and twenty-four hours of approved electives

Rule 605:10-3-6(k)(4) sets the broker's package apart from everyone else's: "All Brokers shall be required to successfully complete the Broker in Charge course consisting of fifteen (15) clock hours, or its equivalent, as approved by the Commission. In addition, to satisfy the continuing education requirement of thirty (30) clock hours all Brokers shall complete at least six (6) hours of Contracts and Forms education. The remaining nine (9) clock hours of required education may consist of elective subject matter." Fifteen plus six plus nine is the whole thirty. The thirteen-plus-seventeen split is the associate's requirement at (k)(2) — six hours of Contracts and Forms, three of Professional Conduct, and one hour each in Broker Relationships Act, Fair Housing, Code and Rules, and Hot Topics/Current Issues. Professional Conduct is part of that associate list, not the broker's mandatory pairing. And a broker cannot fill twenty-four hours with electives, because the Broker in Charge course alone occupies fifteen. Paragraph (k)(5) makes a lapsed or inactive broker repeat the same fifteen, six and nine before reinstating or reactivating.

Under 59 O.S. § 858-307.1, the Commission issues an Oklahoma broker license for a term of:

• a.Twelve months, ending at the close of the twelfth month of issue
• b.Twenty-four months, ending on the licensee's birthday that year
• c.Thirty-six months, ending at the close of the thirty-sixth month✓
• d.Forty-eight months, ending at the close of the forty-eighth month

Section 858-307.1 provides that the Commission "shall issue every real estate license for a term of thirty-six (36) months with the exception of a provisional sales associate license whose license term shall be for twelve (12) months," and fixes the expiration as "the end of the twelfth or thirty-sixth month, whichever is applicable, including the month of issuance." That is why twelve months is a real figure attached to the wrong license here. Rule 605:10-7-2(c) puts the actual expiration at midnight on the last day of that month, and (d) makes a license lapse and terminate "if a renewal application and required fees have not been filed with the Commission by midnight of the date on which the license is due to expire." A lapsed license is reinstated under (e) on payment of an eighty-dollar reinstatement fee plus the license fee for each delinquent period. Nothing in the Code ties an Oklahoma license term to a birthday or runs it for two or four years.

After an Oklahoma real estate license is revoked, 59 O.S. § 858-307.3 bars an application for reissuance for:

• a.Two years from the effective date of the revocation
• b.Ten years from the effective date of the revocation
• c.One year from the date the order became final
• d.Five years from the effective date of the revocation✓

Section 858-307.3 is a single sentence: "A person shall not be permitted to file an application for reissuance of a license after revocation of the license within five (5) years of the effective date of revocation." The clock runs from the effective date of the revocation, not from the date the order became final or from the end of any appeal. In the meantime 858-312.1(A) closes the side doors — no person whose license is revoked or suspended may "operate directly or indirectly or have a participating interest, or act as a member, partner or officer, in any real estate business, corporation, association or partnership that is required to be licensed," and (B) extends that bar to a licensee whose license was canceled, surrendered or lapsed while an investigation or disciplinary proceeding is pending. The ten-year figure belongs to 858-301.1(B), which concerns an original applicant with a disqualifying felony, not a revoked licensee.

An unlicensed person has been collecting commissions on Oklahoma real estate sales. Under 59 O.S. § 858-401, the Commission may fine that person, for each violation:

• a.Up to five thousand dollars, but never more than the commissions earned
• b.Up to five thousand dollars or the commissions earned, whichever is greater✓
• c.Up to two thousand dollars, the same ceiling that applies to a licensee
• d.Up to one thousand dollars, any excess being recoverable only in court

Section 858-401(B)(1) lets the Commission, after notice and hearing, "impose a fine of not more than Five Thousand Dollars ($5,000.00) or the amount of the commission or commissions earned, whichever is greater for each violation of the Code for unlicensed activity" — so the commissions earned are a floor that can lift the fine above five thousand, not a ceiling that holds it down. Subsection (A) adds that an unlicensed person who willfully, knowingly or negligently violates the Code is guilty of a misdemeanor punishable by a fine of up to five thousand dollars, up to six months in the county jail, or both. The two-thousand-dollar figure is the licensee ceiling at 858-402(A)(1)(a), which also caps all violations from a single incident or transaction at five thousand — a different scheme for a different person. Section 858-311 supplies the civil consequence: no one may maintain an action to recover compensation for real estate services "without alleging and proving that such person... was licensed when the alleged cause of action arose."

An Oklahoma sales associate employs an unlicensed personal assistant. Under the Commission's rules, responsibility for that assistant's real-estate-related activity rests with:

• a.The associate alone, the assistant being that associate's private employee
• b.The broker alone, since an associate may not employ anyone within a firm
• c.The associate together with the broker, who answers for the whole firm✓
• d.The assistant alone, once she has signed the firm's compliance agreement

Rule 605:10-11-1(c) says that "an associate who employs an unlicensed assistant is responsible in conjunction with the broker for all real estate related activities of the unlicensed assistant," and 605:10-9-1(g) states independently that "a broker is responsible for all real estate related activities of any unlicensed assistant working within the firm." Read together they put both licensees on the hook, which is the point — hiring the assistant personally does not move the exposure off the broker, and the broker's firm-wide responsibility does not excuse the associate who chose and directs the helper. An associate is not barred from employing an assistant; the rules assume it and allocate the resulting responsibility. And an unlicensed assistant cannot absorb it by signing anything, because the assistant holds no license for the Commission to act against — the discipline in 858-208(6) and 858-312 runs against licensees. Section 858-312(14) separately makes it a cause for discipline to pay a commission to anyone performing licensee services without a license.

Which of these is one of the duties 59 O.S. § 858-353(A) owes to all parties in a transaction and that a broker may not waive?

• a.Timely accounting for all money and property the broker receives✓
• b.Guaranteeing the party a profit on any resale within twelve months
• c.Representing both sides on equal terms in every listed transaction
• d.Advancing a party's earnest money when that party's funds run late

Section 858-353(A) opens by declaring its list "mandatory and may not be abrogated or waived by a broker," and paragraph 3 is "timely account for all money and property received by the broker." The other duties on the list are treating all parties with honesty and exercising reasonable skill and care; receiving all written offers and counteroffers, reducing them to writing on request and presenting them timely unless specifically waived in writing; keeping the four listed categories of 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. Guaranteeing future resale profits is not a duty but a violation — 858-312(10). Nothing compels a broker to serve both sides; 858-355.1(B) says a broker "may provide brokerage services to one or both parties." And fronting a party's earnest money is a cause for discipline under 858-312(22).

Under 59 O.S. § 858-353(B), when an offer is made the broker must inform the party the broker serves, in writing, of:

• a.The commission split agreed between the two firms working the transaction
• b.The names of the other prospects who have toured the property being sold
• c.The costs that party will be expected to pay, and their approximate amount✓
• d.The lowest figure the seller has privately said that she would be willing to take

Subsection B carries the two duties a broker owes only to the party being served, and both are mandatory and unwaivable: "1. Inform the party in writing when an offer is made that the party will be expected to pay certain costs, brokerage service costs and approximate amount of the costs; and 2. Keep the party informed regarding the transaction." The trigger is the making of an offer, and the content is the party's own costs including brokerage service costs, given in writing with an approximate figure rather than a vague warning. Nothing in the section obliges a broker to publish the split between cooperating firms, though 858-353(A)(7) does now require written disclosure of the compensation and fees assessed on the transaction to the represented party. The other two options describe information a broker must not hand over: the identity and interest of other prospects is nobody's entitlement, and what a seller would privately accept is confidential under 858-353(A)(4)(a).

Under 59 O.S. § 858-363, a brokerage agreement with a party may be entered into:

• a.In the name of the associate who negotiated it, once the broker countersigns
• b.Only in the broker's name, though the broker may authorize associates to sign✓
• c.In either name, so long as the brokerage agreement is filed with the Commission
• d.Only in the broker's name, and only over the broker's own personal signature

Section 858-363 requires each broker associate, sales associate and provisional sales associate to be associated with a real estate broker, then draws the line: "Associates shall not enter into a brokerage agreement with a party in the associate's name and shall only be allowed to enter into the agreement in the name of the broker. A real estate broker may authorize associates to provide brokerage services in the name of the real estate broker as permitted under The Oklahoma Real Estate License Code, which may include the execution of written agreements." So the associate may sign, but signs for the broker — which is why the version demanding the broker's own pen is too strict, and the version letting the associate contract in her own name with a countersignature is too loose. Rule 605:10-11-1(a) puts it more broadly still: "All acts performed by an associate under the provisions of the Real Estate License Code shall be done only in the name of the associate's broker." Brokerage agreements are not filed with the Commission at all.

A broker manages a rental house for its owner. Under OAC 605:10-15-2, what does the broker owe a prospective tenant?

• a.A full broker relationship, because the Act defines a tenant as a party to a transaction
• b.Nothing whatever, because the management agreement runs only between owner and broker
• c.Honesty and reasonable skill and care, but no broker relationship unless agreed in writing✓
• d.A written disclosure naming the broker as the transaction broker for the tenant in the deal

Rule 605:10-15-2(c) settles this directly: "When a broker provides brokerage services to a landlord under a property management agreement, the services provided to the tenant by the broker shall not be construed as creating a broker relationship between the broker and the tenant unless otherwise agreed to in writing; however, the broker owes to the tenant the duties of honesty and exercising reasonable skill and care." Section 858-351(5) does define "party" to include a tenant, which is why the second option is tempting — but the rule is the specific provision and it says managing for the landlord does not by itself put the broker in a relationship with the tenant. Owing nothing is equally wrong; honesty and reasonable skill and care are named in the rule and are the first duty in 858-353(A)(1). The transaction broker option describes a status Oklahoma no longer has: sections 858-352, 858-354, 858-355 and 858-357 were repealed by Laws 2012, c. 251, § 9, effective November 1, 2013.

Which of these counts as confidential information under 59 O.S. § 858-353(A)(4)?

• a.That the roof leaks, a defect the seller described to the listing broker
• b.That the house was the site of a homicide some eleven years ago now
• c.That the seller is willing to take less than the price she is asking✓
• d.That the seller's brokerage agreement expires at the end of this month

Paragraph 4 lists four items and then closes the list: they "shall be considered confidential and shall be the only information considered confidential in a transaction." They are that a party is willing to pay more or accept less than what is being offered; that a party is willing to agree to different financing terms; the party's motivating factors; and information a party specifically designates as confidential unless it is public. A seller's willingness to accept less is the first of them. A known defect is the opposite of confidential — 858-353(A)(5) requires disclosure of property information under the Residential Property Condition Disclosure Act, and 605:10-17-5(2) makes failure to disclose a known material defect a substantial misrepresentation. A homicide is not confidential either, because 858-513(A)(2) provides that it "is not a material fact that must be disclosed in a real estate transaction" at all. And the expiry date of a brokerage agreement is simply not on the statutory list.

Once an Oklahoma brokerage relationship ends, 59 O.S. § 858-358 leaves the broker owing the party:

• a.A continuing duty to present any later offer received on the same property
• b.An accounting for the monies and property, and continued confidentiality✓
• c.Nothing at all any longer, once the transaction has closed and been funded
• d.A continuing duty of reasonable skill and care for two years after closing

Section 858-358 provides that "the broker owes no further duties or responsibilities to the party after termination, expiration, or completion of performance of the transaction, except: 1. To account for all monies and property relating to the transaction; and 2. To keep confidential all confidential information received by the broker during the broker's relationship with a party." Those two survive; the rest fall away. Note the section's opening words, "Except as may be provided in a written brokerage agreement between the broker and a party" — the parties can contract for more, so the two exceptions are a floor rather than a ceiling. Saying nothing at all survives ignores the two express carve-outs, which is precisely the mistake the section exists to prevent. The duty to receive and present offers lives in 858-353(A)(2) and belongs to the life of the relationship, and no provision extends reasonable skill and care for a fixed period afterwards.

Under 59 O.S. § 858-360, what is an Oklahoma real estate broker's status toward the parties in a transaction?

• a.A common-law agent of whichever party has agreed to pay the broker's compensation
• b.A dual agent of both parties whenever the firm provides services to both of them
• c.Not an agent, subagent or dual agent; statutory duties replace common-law agency✓
• d.A subagent of the listing broker whenever the broker works with a cooperating firm

Section 858-360(A) states that the duties and responsibilities 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) is blunter still: "a broker shall not be an agent, subagent, or dual agent and an offer of subagency shall not be made to other brokers." This is the single largest departure from the national agency material, and it is why importing the common-law frame into an Oklahoma answer produces the wrong result. Payment does not create the relationship either — 858-359(A) provides that "the payment or promise of payment or compensation by a party to a broker does not determine what relationship, if any, has been established." A firm may serve both parties under 858-355.1(B), but it does so as a broker owing the 858-353 duties to both, not as a dual agent. Section 858-361 does allow the word "agent" in a trade name and as a general reference, which is the source of much of the confusion.

Under 59 O.S. §§ 858-355.1 and 858-356, the written description of a broker's duties must be given and then confirmed:

• a.At the closing, and confirmed by the party's signature on the settlement statement
• b.Within three days after the contract is signed, and confirmed by return receipt
• c.Before the party signs the contract, and confirmed in a separate provision of it✓
• d.Only when the firm serves both parties, and confirmed in the listing agreement

Section 858-355.1(C) requires a broker providing brokerage services to one or both parties to "describe and disclose in writing the broker's duties and responsibilities set forth in Section 858-353... prior to the party or parties signing a contract to sell, purchase, lease, option, or exchange real estate." Section 858-356 then says those disclosures "shall be confirmed by each party in writing in a separate provision, incorporated in or attached to the contract," and adds that where a broker is involved but did not prepare the contract, "compliance with the disclosure requirements shall be documented by the broker." Waiting for closing hands the disclosure to somebody already bound, and a three-day post-signing window exists nowhere in the Act. The duty is not limited to both-party transactions either — that situation triggers an additional written notice under 858-355.1(D), on top of this one, and 858-355.1(E) adds a further written disclosure where the broker will provide fewer services than the transaction requires.

Which of these people may lease Oklahoma residential property without a real estate license, under 59 O.S. § 858-301?

• a.A leasing agent who works from the owner's downtown office for a flat salary
• b.A property manager paid a percentage of the rents collected on the buildings
• c.An unlicensed assistant who shows units and signs the leases for the tenants
• d.A resident manager who lives on the premises and leases units for the owner✓

Paragraph 4 of section 858-301 exempts "any person acting as the resident manager for the owner or an employee acting as the resident manager for a licensed real estate broker managing an apartment building, duplex, apartment complex or court, when such resident manager resides on the premises and is engaged in the leasing of property in connection with the employment of the resident manager." Living on site and leasing as part of that job are both required. The other three fall inside the definition of a broker at 858-102(2), which reaches anyone who for a fee or commission rents or leases real estate, controls the acceptance or deposit of rent from a resident of a single-family residential unit, or solicits for prospective tenants — and OAC 605:10-1-2 spells property-management activity out as licensed activity. The Code's other property-management exemptions are narrow and specific: transient lodging rented by the day for stays under thirty days (paragraph 8), a resident referral fee not exceeding one hundred dollars (paragraph 7), and employees of a licensed broker leasing only to subsidy-qualified persons in an affordable housing development project (paragraph 9).

Under 59 O.S. § 858-355.1(A), what must an Oklahoma property management agreement contain?

• a.A statement that the owner waives the broker's duty to account for the rents
• b.The section 858-353 duties and responsibilities, incorporated as material terms✓
• c.The name of every associate the broker may assign to manage the property
• d.A schedule of the maximum management fees allowed by Commission rule

Section 858-355.1(A) states that "all brokerage agreements shall incorporate as material terms the duties and responsibilities set forth in Section 858-353 of The Oklahoma Real Estate License Code," and OAC 605:10-15-2(a) defines a brokerage service agreement to "include, but not be limited to, listing agreements, buyer broker agreements and property management agreements." A management agreement is therefore a brokerage agreement and carries the whole 858-353 package as material terms. That also disposes of the waiver option: 858-353(A) makes those duties "mandatory and may not be abrogated or waived by a broker," and timely accounting for money received is paragraph 3 of the list. Nothing requires the agreement to name the individual associates, and 858-363 in fact requires the agreement to run in the broker's name rather than an associate's. A fee schedule is impossible because OAC 605:10-17-1(a) says the Commission "shall not establish the rate of commissions to be charged for real estate services and shall have no interest therein."

An Oklahoma broker collects a management fee before performing the services. Under 59 O.S. § 858-303B, a detailed accounting of expenditures is owed:

• a.Within thirty days after the close of the year in which the fee was taken
• b.Only if the client sues, at which point the court will order an accounting
• c.Within ten days after the time specified to perform, or on written request✓
• d.Within five banking days of the advance fee being deposited into escrow

Section 858-303B provides that "any real estate broker who charges and collects any fees in advance of the services provided by the broker shall provide a detailed accounting of expenditures to the person such services are performed for within ten (10) days after the time specified to perform such services or upon written request from person for whom services are performed for, but no longer than one (1) year from date of contract for such services." Two triggers, then, and an outer limit of one year from the contract date regardless. The duty is self-executing and does not wait on litigation; it also sits on top of the general accounting duty in 858-353(A)(3) and the discipline in 858-312(6) for "failing, within a reasonable time, to account for or to remit any monies, documents, or other property coming into possession of the licensee which belong to others." The five-banking-day option borrows from the wrong rule: OAC 605:10-13-1(a)(1)(D) gives the broker until the end of the third banking day to deposit escrow funds, which is a deposit deadline rather than an accounting deadline.

A tenant's security deposit collected by an Oklahoma broker must be held, under 41 O.S. § 115 and OAC 605:10-13-1:

• a.In an escrow account kept in Oklahoma with a federally insured institution✓
• b.In the brokerage's general operating account, on a separate tenant ledger
• c.In the owner's own bank account, the deposit belonging to the landlord
• d.In an interest-bearing certificate of deposit maturing when the lease ends

Section 115(A) of Title 41 requires that "any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a federally insured financial institution," and makes misappropriation punishable by up to six months in the county jail and a fine of up to twice the amount taken. OAC 605:10-13-1(a)(1)(A) repeats the requirement in the Commission's own rules and ties it to the broker's trust account obligations. Putting the money in the operating account is commingling under 858-312(16) no matter how carefully it is ledgered, and passing it to the owner defeats the statute, which holds the deposit in escrow "for the tenant." A certificate of deposit is specifically excluded: 605:10-13-1(c) permits an interest-bearing account only if it "must be a demand type account; this prohibits the use of certificate of deposit or other types of time deposits as trust/escrow accounts," and requires written disclosure to all parties identifying who receives the interest.

Under 41 O.S. § 118, an Oklahoma landlord's duty to supply running water, reasonable hot water and reasonable heat does not apply where:

• a.The tenant has agreed in the lease to take the unit in its present condition
• b.The rent charged is below the fair market rent for that county that year
• c.The unit is a single-family residence, or the service is separately metered✓
• d.The landlord gave the tenant written notice before the lease was signed

Section 118(A)(5) requires the landlord to supply running water, reasonable amounts of hot water at all times and reasonable heat "except in the case of a single-family residence or where the service is supplied by direct and independently metered utility connections to the dwelling unit." Those are the only two escapes the paragraph allows. The rest of subsection A is unconditional: keep common areas clean, safe and sanitary; make all repairs necessary to keep the unit fit and habitable; maintain the electrical, plumbing, sanitary, heating, ventilating and air-conditioning systems in good and safe working order. Repairs can be shifted to a tenant, but only under 118(B), which requires "a conspicuous writing independent of the rental agreement" — a clause buried in the lease itself does not qualify, which is what makes that option wrong. Rent level is irrelevant to the duty, and no advance notice waives it. Section 118(C) adds a separate pre-tenancy disclosure duty where the landlord knows the premises were used to manufacture methamphetamine.

A residential tenant is evicted and leaves furniture that has apparent value. Under 41 O.S. § 130, property left with the landlord is conclusively abandoned after:

• a.Thirty days, following written notice by certified mail to the last-known address✓
• b.Fifteen days, following written notice by certified mail to the last-known address
• c.Sixty days, following written notice by certified mail to the last-known address
• d.Ten days, following personal service of a written notice on the departed tenant

Section 130(B) requires the landlord who takes possession of property with ascertainable or apparent value to "provide written notice to the tenant by certified mail to the last-known address that if the property is not removed within the time specified in the notice, the property will be deemed abandoned," and then provides that "any property left with the landlord for a period of thirty (30) days or longer shall be conclusively determined to be abandoned." Subsection (A) allows immediate disposal without accounting where the property has no ascertainable or apparent value, and perishables may go at once. Subsection (C) requires safekeeping and reasonable care in the meantime, with storage cost capped at the fair rental value if the landlord stores the goods in the unit itself. The ten and fifteen-day figures come from the non-residential rule at 41 O.S. § 52(A), where the landlord may take possession "ten (10) days after the tenant receives personal service of notice or fifteen (15) days after notice is mailed, whichever is latest" — the right numbers for the wrong kind of property.

An Oklahoma tenant moves in with no written lease and pays the rent monthly. Under 41 O.S. § 110, the tenancy is:

• a.Week-to-week, the default the Act sets for every unwritten tenancy there
• b.A one-year term, renewing automatically unless a notice is given in time
• c.Month-to-month, because the agreement fixes no definite term in writing✓
• d.A tenancy at sufferance, which gives the tenant no right of possession

Section 110 is one sentence: "Unless the rental agreement fixes a definite term in writing, the tenancy is week-to-week in the case of a roomer or boarder who pays weekly rent, and in all other cases month-to-month." Week-to-week is therefore a real default, but a narrow one reserved for a roomer or boarder paying weekly — not the general rule for unwritten tenancies. There is no statutory one-year term; 41 O.S. § 111(C) says a tenancy for a definite term "expires on the ending date thereof without notice" unless earlier terminated or otherwise agreed. And a tenant who moves in with the landlord's consent and pays rent is not at sufferance: § 111(D) reserves that treatment for a tenant who remains in possession without the landlord's consent after the term ends, and even then provides that "if the landlord consents to the tenant's continued occupancy, a month-to-month tenancy is thus created, unless the parties otherwise agree."

An Oklahoma residential tenant has not paid the rent. Under 41 O.S. § 131, the landlord may terminate the rental agreement if the rent stays unpaid for:

• a.Ten days after written notice of the landlord's demand for payment
• b.Five days after written notice of the landlord's demand for payment✓
• c.Thirty days after written notice of the landlord's demand for payment
• d.Three days after written notice of the landlord's demand for payment

Section 131(B) provides that "a landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent within five (5) days after written notice of landlord's demand for payment," and adds that "demand for past due rent is deemed a demand for possession of the premises and no further notice to quit possession need be given by the landlord to the tenant for any purpose." Subsection (A) lets the landlord sue for the rent at any time after it falls due, either before or after that notice. Ten days is the cure period for a non-rent breach under § 132(B), where the notice must set termination on a date "not less than fifteen (15) days after receipt of the notice unless remedied within ten (10) days." Thirty days is the notice that ends a month-to-month tenancy under § 111(A), and seven days ends a tenancy of less than month-to-month under § 111(B). Three days appears nowhere in the Act; § 128(C) uses one day's notice for the landlord's ordinary entry.

Under 60 O.S. § 833, an Oklahoma seller's completed disclosure statement may not be dated more than:

• a.One hundred eighty days before the purchaser receives the statement✓
• b.Ninety days before the purchaser receives the statement from the seller
• c.Thirty days before the purchaser receives the statement from the seller
• d.One full year before the purchaser receives the statement from a seller

Section 833(C) states that "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." The same limit applies to both forms. Section 833(B)(1) sets what the disclosure statement must cover, all of it keyed to the seller's actual knowledge: water and sewer systems including flood zone status, structural systems, plumbing, electrical, heating and air conditioning, wood-destroying organisms, major fire or tornado damage, land use matters, hazardous or regulated materials, prior manufacture of methamphetamine, and any other known defects. Section 834(C) closes the gap after delivery — if the seller learns of a defect afterwards, the seller "shall promptly deliver to the purchaser either a disclosure statement or an amended disclosure statement which discloses the newly discovered defect," signed and dated.

Which seller may deliver an Oklahoma residential property condition disclaimer statement instead of a disclosure statement?

• a.One who has occupied the property but has made no recent repairs to it
• b.One who is selling through a licensee rather than selling by the owner
• c.One who has never occupied the property and knows of no defect in it✓
• d.One who has held title to the property for less than twelve months now

Section 833(A)(1) permits a written property disclaimer statement on the Commission's form only where it 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." Both limbs are required, so an owner who has lived in the house cannot disclaim no matter how little work she has done. Being represented by a licensee is not the test either; it goes to who counts as a "seller" under 60 O.S. § 832(2), which reaches a seller represented by a licensee and also an unrepresented seller who receives a written request from the purchaser. Length of ownership is not mentioned anywhere in the Act. OAC 605:10-15-4 requires the Commission to develop and amend both forms by rule, makes them available to the public on request, and prints the disclosure statement at Appendix A and the disclaimer statement at Appendix B of the chapter.

Under 60 O.S. § 836, a licensee assisting an Oklahoma seller must obtain the disclaimer or disclosure statement and make it available to potential purchasers:

• a.Before the property is first advertised or shown to any purchaser
• b.At the closing, together with the rest of the transaction documents
• c.Before acceptance of an offer to purchase the property in question✓
• d.Within ten days after the purchase contract has been fully executed

Section 836(A) gives a licensee representing or assisting a seller "the duty to obtain from the seller a disclaimer statement or a disclosure statement and any amendment required by the Residential Property Condition Disclosure Act and to make such statement available to potential purchasers prior to acceptance of an offer to purchase," and (B) puts the mirror duty on a licensee assisting the purchaser. Acceptance of the offer is the hinge throughout the Act — 60 O.S. § 834(B) provides that where the statement reaches the purchaser after an offer has been made, "the offer to purchase shall be accepted only after the purchaser has acknowledged receipt... and confirmed the offer to purchase." Subsection (C) adds the licensee's own duty to disclose defects actually known to the licensee that are not in the statement, while (E) makes clear the licensee has no duty to inspect independently or to verify what the seller wrote. A licensee who does not comply is subject to discipline under 59 O.S. § 858-208(6), and 59 O.S. § 858-312(23) makes violation of the Act a separate cause.