{"data":{"id":"us-ok/okla.-stat.-tit.-71-71-659","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 71, § 71-659","heading":"Liability to purchaser - Persons liable - Limitation of","body":"actions.\n\nAny person who:\n\n1. Offers or disposes of subdivided land in violation of\n\nSections 621, 631 or 653 of this Code, or any rule relating thereto,\n\nor any condition imposed under Sections 625 through 627 of this\n\nCode, or any order under this Code of which he has notice; or\n\n2. Offers or disposes of subdivided land by means of any untrue\n\nstatement of a material fact or any omission to state a material\n\nfact necessary to make the statement, in light of the circumstances\n\nunder which it was made, not misleading, where the purchaser is\n\nunaware of the untruth or omission;\n\nshall be liable to the person purchasing the subdivided land from\n\nhim. Such purchaser may sue to recover the consideration paid for\n\nthe subdivided land and any taxes, assessments, membership fees or\n\nconsideration of a similar nature paid thereon or in connection\n\ntherewith, together with reasonable attorney fees and interest at\n\nthe rate of ten percent (10%) per year from the date of payment,\n\nless the amount of any income received on the land, upon the tender\n\nof the land, or for damages if he no longer owns the land. Damages\n\nare the amount that would be recoverable upon a tender less the\n\nvalue of the land when the purchaser disposed of it and interest at\n\na legal rate from the date of disposition. Tender shall require\n\nonly notice of willingness to exchange the land for the amount\n\nspecified. Any notice may be given by service as in civil actions\n\nor by certified mail addressed to the last-known address of the\n\nperson liable.\n\nB. 1. Every person who directly or indirectly controls a\n\nsubdivider who may be liable under this Code, every general partner,\n\nofficer or director of a subdivider, every person occupying a\n\nsimilar status or performing a similar function, every employee of\n\nthe subdivider who materially aids in the disposition and every\n\nagent who materially aids in the disposition is also liable jointly\n\nand severally with and to the same extent as any person liable under\n\nsubsection A of this section, if he knew or in the exercise of\n\nreasonable care should have known of the existence of the facts by\n\nreason of which the liability is alleged to exist. There is a right\n\nto contribution as in cases of contract among persons so liable.\n\n2. Every person whose occupation gives authority to a statement\n\nwhich with his consent has been used in an application for\n\nregistration or public offering statement, if he is not otherwise\n\nassociated with the subdivision and development plan in a material\n\nway, is liable only for false statements and omissions in his\n\nstatement if he knew or in the exercise of the reasonable care of a\n\nperson in his occupation should have known of the existence of the\n\nfacts by reason of which the liability is alleged to exist.\n\nC. No action shall be maintained under this section unless\n\ncommenced before the expiration of five (5) years after the act or\n\ntransaction constituting the violation.\n\nD. 1. No purchaser may commence an action under this section\n\nif, before suit is commenced, the purchaser has received a written\n\noffer stating the respect in which liability under this section may\n\nhave arisen, thoroughly advising the purchaser of his rights,\n\noffering to repurchase the land or interest held by the purchaser\n\nfor cash on the same basis as provided in subsection A of this\n\nsection, payable on delivery of title to the land or other interest\n\ntherein or, if the purchaser no longer owns the land, offering to\n\npay the purchaser upon acceptance of the offer an amount in cash\n\nequal to the damages computed in accordance with subsection A of\n\nthis section, and stating that the offer may be accepted by the\n\npurchaser at any time within a specified period of not less than\n\nsixty (60) days after the date of receipt thereof or such shorter or\n\nlonger period as the Administrator may by rule prescribe, and the\npay the purchaser upon acceptance of the offer an amount in cash\n\nequal to the damages computed in accordance with subsection A of\n\nthis section, and stating that the offer may be accepted by the\n\npurchaser at any time within a specified period of not less than\n\nsixty (60) days after the date of receipt thereof or such shorter or\n\nlonger period as the Administrator may by rule prescribe, and the\n\npurchaser has failed to accept such offering in writing within the\n\nspecified period.\n\n2. Offers shall be in the form and contain the information the\n\nAdministrator by rule prescribes. Every offer under this subsection\n\nshall be delivered to the offeree or sent by certified mail\n\naddressed to him at his last-known address. Notwithstanding the\n\nprovisions of this subsection, suit by the offeree for breach of the\n\nterms in the offer pursuant to this section shall be permitted.\n\nE. Any condition, stipulation or provision binding any person\n\nacquiring any subdivided land to waive compliance with any provision\n\nof this Code or any rule or order hereunder is void.\n\nF. The rights and remedies under this Code are in addition to\n\nany other rights or remedies that may exist at law or in equity.","path":["OK Code","Title 71"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os71.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"04431398b5d27bea41184dcff4bf04423caf487e43c27ecd5fe1d607904d8885","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-71-71-658","next":"us-ok/okla.-stat.-tit.-71-71-660"},"notice":"GroundRules: Original legal text. Not legal advice."}