Okla. Stat. tit. 59, § 59-858-603: Eligibility to recover from fund - Ineligibility

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

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.