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Mandated DisclosuresSeller_disclosuresMEDIUM

A lender forecloses on a residential property in Oklahoma City and takes title through the foreclosure process. The lender then lists the property for sale. Under the Oklahoma Residential Property Condition Disclosure Act, is the lender required to provide a Property Condition Disclosure Statement to prospective buyers?

Correct Answer

C) No, because foreclosure sales are exempt from the Oklahoma Residential Property Condition Disclosure Act

Under the Oklahoma Residential Property Condition Disclosure Act (Title 60 O.S. § 833), foreclosure sales are specifically exempt from the disclosure requirement. Because the lender acquired title through the foreclosure process and is selling the property as a result of that foreclosure, the transaction falls within the statutory exemption, and no Property Condition Disclosure Statement is required.

Answer Options
A
Yes, because all sellers of residential property in Oklahoma must provide the disclosure regardless of how title was acquired
B
Yes, but only if the lender has occupied the property for more than 30 days after acquiring title
C
No, because foreclosure sales are exempt from the Oklahoma Residential Property Condition Disclosure Act
D
No, because lenders are regulated by federal banking law, which preempts the Oklahoma disclosure requirement

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Related Topics & Key Terms

Key Terms:

disclosure_exemptionsforeclosure_saleproperty_condition_disclosurelender_owned

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