I knew in the back of my head that we didn’t have to disclose psychological factors in Oklahoma. But I thought this would be a good opportunity to brush up on Oklahoma law regarding such disclosures.
Oklahoma License Code and Rules
§858-513. Psychologically impacted real estate—Factors included—Nondisclosure of facts— Certain actions prohibited—Disclosure in certain circumstances.
A. The fact or suspicion that real estate might be or is psychologically impacted, such impact being the result of facts or suspicions, including but not limited to:
1. that an occupant of the real estate is, or was at any time suspected to be infected, or has been infected, with Human Immunodeficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome, or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
2. that the real estate was, or was at any time suspected to have been the site of a suicide, homicide or other felony, is not a material fact that must be disclosed in a real estate transaction.
B. No cause of action shall arise against an owner of real estate or any licensee assisting the owner for the failure to disclose to the purchaser or lessee of such real estate or any licensee assisting the purchaser or lessee that such real estate was psychologically impacted as provided for in subsection A of this section.
C. Notwithstanding the fact that this information is not a material defect or fact, in the event that a purchaser or lessee, who is in the process of making a bona fide offer, advises the licensee assisting the owner, in writing, that knowledge of such factor is important to the person’s decision to purchase or lease the property, the licensee shall make inquiry of the owner and report any findings to the purchaser or lessee with the consent of the owner and subject to and consistent with applicable laws of privacy; provided further, if the owner refuses to disclose, the licensee assisting the owner shall so advise the purchaser or lessee.
Procedure To Disclose
605:10-15-3. Requirements for furnishing psychological factors
Psychologically impacted property is any property whereof the existence of certain circumstances, suspicions or facts may create emotional or psychological disturbance or concerns to a prospective purchaser/lessee, with the potential of influencing a buying/leasing decision. Therefore, the obligation of a real estate licensee to obtain information as stated in Title 59, O.S., Section 858-513A (1) and (2) shall be performed in the following manner:
(1) Purchaser/lessee must be in the process of making a bona fide offer.
(2) Licensee must receive request in writing from purchaser/lessee.
(3) Purchaser’s/Lessee’s written request must state that such factor is important to the decision of the purchaser/lessee.
(4) Licensee shall make inquiry of the owner by submitting the written request to the owner.
(5) Licensee shall report any findings to the purchaser/lessee with the consent of the owner.
(6) If the owner refuses to furnish information requested, the licensee shall so advise the purchaser/lessee.
(7) Further, if a purchaser/lessee is requesting information as to whether or not an occupant of the
real estate is, or was at any time suspected to be infected, or has been infected with Acquired Immune Deficiency Syndrome, or any other disease which falls under the privacy laws, the information can only be obtained in accordance with the Public Health and Safety Statute, Title 63, O.S., 1988, Section 1-502.2A
So, bottom line — a seller or licensed real estate associate is not required to disclose psychological factors impacting a real estate transaction. However, if a buyer is in the process of purchasing a property they can ask the question, in writing and state that it’s important to their decision. A licensee shall then inquire and report findings to the buyer, including whether the seller refused to furnish the information.
Oh, by the way, nobody has ever died in this listing.