Okla. Stat. tit. 59, § 59-858-314
This is the official text of Okla. Stat. tit. 59, § 59-858-314, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Wholesalers — Required disclosures — Right to
Official statutory text
cancellation.
A. A wholesaler shall:
1. Disclose in writing to the homeowner, before the execution
of any contract or written agreement, his or her intent to assign or
sell his or her equitable interest in the residential real estate
for a higher price than what is offered to the homeowner;
2. Provide a prominent written disclosure to the homeowner in
all written contracts between the parties stating that the homeowner
should seek legal advice before signing any contract concerning his
or her home; and
3. Disclose in writing to the homeowner that the homeowner has
the right to cancel the contract without penalty within two (2)
business days after the execution of the contract.
Oklahoma Statutes - Title 59. Professions and Occupations Page 727
B. A wholesaler shall not, directly or indirectly:
1. Act as an advisor or consultant, or in any other manner
representing that the wholesaler is acting on behalf of the
homeowner; or
2. Represent himself or herself as holding a certification or
license, or being a member of a licensed profession, without
possession of the certification or license.
C. The homeowner shall have the right to cancel the contract
without penalty within two (2) business days from the date of
execution of the contract.
D. The wholesaler shall be prohibited from placing any lien or
encumbrance on or otherwise clouding title of the property.
E. Any contract or agreement used by a wholesaler shall contain
the following:
1. The name, address, and telephone number of the wholesaler;
2. The address of the residence involved in the transaction;
3. The total consideration to be given by the wholesaler to the
homeowner;
4. A complete description of the terms of payment or other
consideration including, but not limited to, any services of any
nature which the wholesaler represents he or she will perform for
the seller before or after the sale; and
5. The following notice shall appear on the contract in
immediate proximity to the space reserved for the seller’s signature
and shall be in at least twelve-point bold type if the contract is
typed or in capital letters if the contract is printed. The notice
shall contain the name of the wholesaler, the date and time by which
the contract shall be canceled, and the following language:
“NOTICE REQUIRED BY OKLAHOMA LAW: You may cancel this contract
at any time before midnight of ____________________ (Date).
__________________________ (Name of Wholesaler) or anyone working
for ______________________ (Name of Wholesaler) CANNOT ask you to
sign or have you sign any deed or any other document until your
right to cancel this contract has ended. See the attached notice of
cancellation form for an explanation of this right. You should
always consult an attorney or community organization before signing
any legal documents concerning your home. It is advisable that you
find your own attorney. The law requires this contract to contain
the entire agreement. You should not rely upon any other written or
oral agreement or promise.”
F. Failure to include any of the required disclosures under
this section shall render the contract invalid and unenforceable by
the wholesaler and shall entitle the homeowner to any earnest money
deposit involved in the transaction. Any earnest money deposit or
security deposit by a wholesaler shall be kept in an escrow account
maintained in this state with a federally insured financial
institution. The homeowner may terminate the contract at any time
Oklahoma Statutes - Title 59. Professions and Occupations Page 728
if the wholesaler fails to comply with the provisions of this
section.
G. The Oklahoma Real Estate Commission shall create, publish,
and provide on its website a notice of cancellation form, which
shall be included by the wholesaler with any contract. This form
shall be provided to the homeowner at no cost.
H. The Commission shall promulgate any rules necessary to
s and Occupations Page 728
if the wholesaler fails to comply with the provisions of this
section.
G. The Oklahoma Real Estate Commission shall create, publish,
and provide on its website a notice of cancellation form, which
shall be included by the wholesaler with any contract. This form
shall be provided to the homeowner at no cost.
H. The Commission shall promulgate any rules necessary to
implement the provisions of this section.
A. A wholesaler shall:
1. Disclose in writing to the homeowner, before the execution
of any contract or written agreement, his or her intent to assign or
sell his or her equitable interest in the residential real estate
for a higher price than what is offered to the homeowner;
2. Provide a prominent written disclosure to the homeowner in
all written contracts between the parties stating that the homeowner
should seek legal advice before signing any contract concerning his
or her home; and
3. Disclose in writing to the homeowner that the homeowner has
the right to cancel the contract without penalty within two (2)
business days after the execution of the contract.
Oklahoma Statutes - Title 59. Professions and Occupations Page 727
B. A wholesaler shall not, directly or indirectly:
1. Act as an advisor or consultant, or in any other manner
representing that the wholesaler is acting on behalf of the
homeowner; or
2. Represent himself or herself as holding a certification or
license, or being a member of a licensed profession, without
possession of the certification or license.
C. The homeowner shall have the right to cancel the contract
without penalty within two (2) business days from the date of
execution of the contract.
D. The wholesaler shall be prohibited from placing any lien or
encumbrance on or otherwise clouding title of the property.
E. Any contract or agreement used by a wholesaler shall contain
the following:
1. The name, address, and telephone number of the wholesaler;
2. The address of the residence involved in the transaction;
3. The total consideration to be given by the wholesaler to the
homeowner;
4. A complete description of the terms of payment or other
consideration including, but not limited to, any services of any
nature which the wholesaler represents he or she will perform for
the seller before or after the sale; and
5. The following notice shall appear on the contract in
immediate proximity to the space reserved for the seller’s signature
and shall be in at least twelve-point bold type if the contract is
typed or in capital letters if the contract is printed. The notice
shall contain the name of the wholesaler, the date and time by which
the contract shall be canceled, and the following language:
“NOTICE REQUIRED BY OKLAHOMA LAW: You may cancel this contract
at any time before midnight of ____________________ (Date).
__________________________ (Name of Wholesaler) or anyone working
for ______________________ (Name of Wholesaler) CANNOT ask you to
sign or have you sign any deed or any other document until your
right to cancel this contract has ended. See the attached notice of
cancellation form for an explanation of this right. You should
always consult an attorney or community organization before signing
any legal documents concerning your home. It is advisable that you
find your own attorney. The law requires this contract to contain
the entire agreement. You should not rely upon any other written or
oral agreement or promise.”
F. Failure to include any of the required disclosures under
this section shall render the contract invalid and unenforceable by
the wholesaler and shall entitle the homeowner to any earnest money
deposit involved in the transaction. Any earnest money deposit or
security deposit by a wholesaler shall be kept in an escrow account
maintained in this state with a federally insured financial
institution. The homeowner may terminate the contract at any time
Oklahoma Statutes - Title 59. Professions and Occupations Page 728
if the wholesaler fails to comply with the provisions of this
section.
G. The Oklahoma Real Estate Commission shall create, publish,
and provide on its website a notice of cancellation form, which
shall be included by the wholesaler with any contract. This form
shall be provided to the homeowner at no cost.
H. The Commission shall promulgate any rules necessary to
s and Occupations Page 728
if the wholesaler fails to comply with the provisions of this
section.
G. The Oklahoma Real Estate Commission shall create, publish,
and provide on its website a notice of cancellation form, which
shall be included by the wholesaler with any contract. This form
shall be provided to the homeowner at no cost.
H. The Commission shall promulgate any rules necessary to
implement the provisions of this section.
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