Okla. Stat. tit. 59, § 59-858-603
This is the official text of Okla. Stat. tit. 59, § 59-858-603, 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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Eligibility to recover from fund - Ineligibility
Official statutory text
A. Any claimant shall be eligible to seek recovery from the
Oklahoma Real Estate Education and Recovery Fund if the following
conditions have been met:
1. An action has been filed in district court based upon a
violation specified in the Oklahoma Real Estate License Code;
2. The cause of action accrued not more than two (2) years
prior to the filing of the action;
3. At the commencement of an action, the party filing the
action shall immediately notify the Commission to this effect in
writing and provide the Commission with a file-stamped copy of the
petition or affidavit. Said Commission shall have the right to
enter an appearance, intervene in, defend, or take any action it may
deem appropriate to protect the integrity of the Fund. The
Commission may waive the notification requirement if it determines
that the public interest is best served by the waiver, that is to
best meet the ends of justice and that the claimant making
application made a good faith effort to comply with the notification
requirements;
4. Final judgment is received by the claimant upon such action;
5. The final judgment is enforced as provided by statute for
enforcement of judgments in other civil actions and that the amount
realized was insufficient to satisfy the judgment; and
Oklahoma Statutes - Title 59. Professions and Occupations Page 740
6. Any compensation recovered by the claimant from the judgment
debtor, or from any other source for any monetary loss arising out
of the cause of action, has been applied to the judgment awarded by
the court.
B. A claimant shall not be qualified to make a claim for
recovery from the Oklahoma Real Estate Education and Recovery Fund,
if:
1. The claimant is the spouse of the judgment debtor or a
personal representative of such spouse;
2. The claimant is a licensee who acted in their own behalf in
the transaction which is the subject of the claim; or
3. The claimant’s claim is based upon a real estate transaction
in which the claimant is, through their own action, jointly
responsible for any resulting monetary loss with respect to the
property owned or controlled by the claimant.
Oklahoma Real Estate Education and Recovery Fund if the following
conditions have been met:
1. An action has been filed in district court based upon a
violation specified in the Oklahoma Real Estate License Code;
2. The cause of action accrued not more than two (2) years
prior to the filing of the action;
3. At the commencement of an action, the party filing the
action shall immediately notify the Commission to this effect in
writing and provide the Commission with a file-stamped copy of the
petition or affidavit. Said Commission shall have the right to
enter an appearance, intervene in, defend, or take any action it may
deem appropriate to protect the integrity of the Fund. The
Commission may waive the notification requirement if it determines
that the public interest is best served by the waiver, that is to
best meet the ends of justice and that the claimant making
application made a good faith effort to comply with the notification
requirements;
4. Final judgment is received by the claimant upon such action;
5. The final judgment is enforced as provided by statute for
enforcement of judgments in other civil actions and that the amount
realized was insufficient to satisfy the judgment; and
Oklahoma Statutes - Title 59. Professions and Occupations Page 740
6. Any compensation recovered by the claimant from the judgment
debtor, or from any other source for any monetary loss arising out
of the cause of action, has been applied to the judgment awarded by
the court.
B. A claimant shall not be qualified to make a claim for
recovery from the Oklahoma Real Estate Education and Recovery Fund,
if:
1. The claimant is the spouse of the judgment debtor or a
personal representative of such spouse;
2. The claimant is a licensee who acted in their own behalf in
the transaction which is the subject of the claim; or
3. The claimant’s claim is based upon a real estate transaction
in which the claimant is, through their own action, jointly
responsible for any resulting monetary loss with respect to the
property owned or controlled by the claimant.
Status: in_force · Read it on the official government site
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