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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 delivered, 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 which
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 information 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, including 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 Estate 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 information 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 become effective November 1, 2025.
60-1-11692 JL 01/04/25