Oklahoma Real Estate Legal Questions

While it will not matter for your RE transaction, you might consider an OREC complaint against your realtor. You can make the complaint via their online complaint form. As for the RE transaction, it sounds like you decided to not cancel the sale before the end of your inspection period. Something I would have recomended given the late discovery of material defects effecting the value of the dwelling.  ... Read More

This is a real mess. No, do not close the sale or you may be stuck with a house that is worth much less than your appraisal until the roof is replaced. You should demand a sale price reduction sufficient to cover the cost of the new roof if you will have to replace it post closing. Also, you may not be able to get insurance unless you have contracted to replace the roof. If you have already closed on the purchase, you may be able to sue the seller for breach of contract, but that will depend on the terms of your contract and what was actually disclosed to you prior to the closing. Thanks, Brian... Read More

If your home is owned by you individually, it would have to go through probate to be transferred.  Assuming your assets are not valued over $5,000,000, which would create tax complications, the simplest thing you could do is to transfer ownership of your assets from yourself individually, to yourself and your daughter (if that is who you want to leave it to) jointly with right of survivorship, or you could deed the house to her, reserving a life estate to yourself.... Read More

If the real property is your homestead, the mortgage is not valid.  You need to make a demand that it be released.  If they don't release it, you can sue to quiet title and be entitled to a judgment for your attorney fees.  If the real property is not your homestead the mortgage is only valid as to the interest in the real property actually owned by the person who did sign it, e.g.an undivided one-half interest.... Read More

The extent of the obligation of the Board of Directors to enforce covenants depends on the language in the Deed of Dedication.  Generally the authority is permissive, not mandatory,but varies from subdivision to subdivision.   However, as a lot owner in the subdivision you usually have an equal right to enforce the covenants.  The covenants that "burden" each lot owners use of the land are generally for the "benefit" of all the other lot owners.  While covenants are enforceable, they are generally not favored by the courts, and the enforceability of the covenants can be lost if not strictly enforced.  In other words, it IS a valid defense to an action to enforce the covenants that other people committed the same violation and were not sued.   Your best course of action may be to sue the offenders yourself and then run a strong campaign to elect new directors that will enforce the covenants.  Of course, lawsuits aren't cheap and if your homeowners association doesn't have the funds to conduct the battles, then the membership of the board won't make a difference.... Read More

Is it a judgment or a mortgage? To determine whether the property is yours, free and clear, you must have a deed naming you as the owner.  You must then make sure there is no unsatisfied mortgage, judgment, or other lien filed in the public records against either the property or you.  If you really want to know the status of the title, consult a good real estate lawyer and ask him/her to examine the public records for you.... Read More