Okla. Stat. tit. 59, § 59-858-515.2: Violation of duty to disclose source of information

- Damages.

A. If a real estate licensee has provided any third-party

information, as defined in paragraph 2 of subsection B of Section 1

of this act, to any party to a real estate transaction concerning

size or area of the subject real property, a party to the real

estate transaction may recover damages from the licensee in a civil

action only when a licensee knowingly violates the duty to disclose

the source of the information, as required in paragraph 1 of

subsection B of Section 1 of this act.

B. The sole and exclusive civil remedy at common law or

otherwise for a violation of paragraph 1 of subsection B of Section

1 of this act by a real estate licensee shall be an action for

actual damages suffered by the party as a result of such violation

and shall not include exemplary or punitive damages.

C. For any real estate transaction commenced after the

effective date of this act, any civil action brought pursuant to

this section shall be commenced within two (2) years after the date

of transfer of the subject real property.

D. In any civil action brought pursuant to this section, the

prevailing party shall be allowed court costs and reasonable

attorney fees to be set by the court and collected as costs of the

action.

E. A transfer of a possessory interest in real property subject

to the provisions of this act may not be invalidated solely because

of the failure of any person to comply with the provisions of this

act.

F. The provisions of this act shall apply to, regulate and

determine the rights, duties, obligations and remedies, at common

law or otherwise, of the seller marketing his or her real property

for sale through a real estate licensee, and of the purchaser of

real property offered for sale through a real estate licensee, with

respect to disclosure of third-party information concerning the

subject real property’s size or area, in square footage or

otherwise, and this act hereby supplants and abrogates all common

law liability, rights, duties, obligations and remedies of all

parties therefor.