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Oklahoma Real Estate Law Questions & Answers
2 Answers | Asked in Business Law, Real Estate Law and Contracts for Oklahoma on
Q: Can I list a property after the previous agent acknowledged cancellation via text, without signing a referral fee with the original broker?

I am a real estate agent, and a seller contacted me to list their property after firing their previous agent via text message, which the agent acknowledged, also via text, by removing the listing from MLS and discussing excluding a specific buyer. The original broker now wants me to sign a referral... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

In most instances, the original listing agent has a clause in their contract granting them a fee if the house is sold within a certain time frame. The removal of the listing itself is not a definitive withdrawal of representation. The seller needs to get a complete written release from the... View More

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2 Answers | Asked in Probate and Real Estate Law for Oklahoma on
Q: Can bank make my mom pay my deceased grandmother's loans?

My grandmother passed away 2.5 years ago, leaving behind a vehicle with a loan solely in her name. She and my parents lived together and shared the vehicle. Since her death, her bank has accepted payments from my parents, aware of her passing. However, when my mom went to make the monthly payment... View More

Anthony M. Avery
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answered on Apr 2, 2025

Mother is not the notemaker so no personal liability. But if note is secured as a lien on car title, then lender can repossess the collateral. Unless car is very valuable, it may be prudent to let bank have it. If bank sues for note deficiency, then defend that Mother has no liability, actual... View More

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: the city of Tulsa has a lien on my house. my house in on muscogee creek nation land.

the city of tulsa has violate my native rights

Charles Watts
Charles Watts
answered on Feb 22, 2025

Get with your tribe, however, a lot of people want to claim McGirt changed this, however, it has been ruled and there is controlling law that it does NOT affect land ownership and therefore based on your limited facts, the city has not violated any rights to this point as it is a presumably valid... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Real Estate Law for Oklahoma on
Q: Family member sold my camper without permission, is it theft?

I allowed a family member to live in my camper to prevent them from being homeless. I discovered, through his wife, that he sold the camper without my permission over two weeks ago. The title is in my name, and I have not given any written or verbal permission to sell it. We have not spoken since,... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Q: What happens when a property co owner passes and they have tenants, is the property available to be sold immediately?

Probate law for landlord and tenants

Property qualifications for title to be sold if a co-owner passes away

Charles Watts
Charles Watts
answered on Feb 4, 2025

If the owner is a co-owner then it depends on how the land was deeded. If the property was right of survivorship then the property shifts entirely to the other co-owner. If it was not right of survivorship then the co-owners 'portion' would have to go through probate (or distributed via... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My name was removed from my 50 acre ranch without my knowledge or permission by my estranged girlfriend.(Oklahoma)

She apparently forged my signature and claims in the paperwork that I sold the property to her for $10.00. Her mother-in-law is a notary and I believe it is her signature and stamp that is affixed as the sworn witness. What are my options?

Anthony M. Avery
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answered on Jan 17, 2025

Hire a competent OK attorney that litigates real property now. Causes of Actions include setting aside a fraudulent deed, suing the notary and her surety on the notary bond, and conversion. Criminal sanctions may lie, but your lawyer can only pursue civil remedies. Try to ascertain all... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My and my sister bought a house together and I live in the house but still owe money to her but we're both on the deed

She's trying to say I can't have my ex boyfriend there and we had no prior agreement about that before I moved in I should be Able to have whoever I want there

Charles Watts
Charles Watts
answered on Oct 7, 2024

Without knowing your specifics and seeing all your documents, if you are both tenants in common on the property, then one's ownership rights cannot be hindered for what would be a legal purpose. Having someone living with you is a legal purpose of a home, and therefore would normally be... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: When my grandmother passes will my underage cousin living with her have squatters rights even if house is in my name?

Grandma put her house in my name 5 years ago. Sold to me for $5 to get it out of her name. She still lives there but she wanted to make sure I get it when she passes. Now she has my cousin's son living with her there though (He's 16) and I know they're going to argue when she passes... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More

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1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: In Oklahoma if my father passed away and jm his only heir.how do I get a land title?

I've been paying the taxes on it for years

James L. Arrasmith
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answered on Jun 22, 2024

To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:

1. File a petition for probate in the county where your father resided or where the property is located.

2....
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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: I want to escape joint real estate ownership with my sibling.

My parents died and left two parcels of farmland to me and my brother, 50/50, tenancy in common. My brother has mental health and substance abuse issues. He is also petty and passive aggressive. It is always up to me to pay the taxes, collect farm rent, and deal with any issues that come up with... View More

Charles Watts
Charles Watts
answered on May 8, 2024

If you have true Tenancy in Common, you own your "interest" in the property. You have the right to transfer that interest to anyone you like, even without the permission of the other interest owners. You can even sell your interest to another person not related to you. However, if you... View More

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1 Answer | Asked in Tax Law, Real Estate Law and Municipal Law for Oklahoma on
Q: If a property is abandoned and tax warrants are threatening to take said property,can a person claim by paying back taxe

Even if also a mortgage maturity date ?

James L. Arrasmith
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answered on Apr 20, 2024

If you're interested in claiming an abandoned property by paying off back taxes, it's crucial to understand the legal and financial implications first. Paying the overdue taxes might not automatically entitle you to ownership if there are other legal claims, such as mortgages or liens,... View More

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma on
Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

James L. Arrasmith
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answered on Jan 12, 2024

The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More

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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: We have a farm with four owners with undivided surfaced interest. What are our options if one wants to sell?

I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

Richard Winblad
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Richard Winblad
answered on Jan 8, 2024

1. Informal Partition by Agreement:

This option involves the owners reaching a mutual agreement on how to divide or sell the property without court intervention. Here are some steps you might take:

a. Negotiation: All owners need to discuss and negotiate the terms of the partition,...
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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: We have a farm with four owners with undivided surfaced interest. What are our options if one wants to sell?

I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

Richard Winblad
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Richard Winblad
answered on Jan 8, 2024

I meant to mention, this is how it is generally handled in Oklahoma. Other states will differ.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Oklahoma on
Q: How to enforce easement rights for water station access in OK?

As the manager of a rural water district in Oklahoma, we have a property owner trying to prevent access to a water booster station on his land, which has been in service since 1990. We hold a written legal easement filed in the courthouse, but the new owner, who recently moved from Texas, claims it... View More

James L. Arrasmith
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answered on Apr 13, 2025

To enforce your easement rights, the first step is to provide the new property owner with a copy of the recorded easement agreement. Since the easement was filed in the courthouse and has been in place since 1990, it is legally valid, regardless of the owner's new status. The easement document... View More

1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Municipal Law for Oklahoma on
Q: Can I get ticketed by police for parking on Lot 23 in a non-gated HOA area with only email notice?

Can I potentially receive a police parking ticket for parking in a residential HOA neighborhood that is non-gated and non-incorporated? The parking spot, referred to as Lot 23, had previously been surrounded by reflectors for six months due to complaints, and those reflectors were replaced with a... View More

James L. Arrasmith
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answered on Apr 13, 2025

In general, if the neighborhood is part of a homeowners association (HOA), they have the ability to enforce certain rules regarding parking, even in non-gated areas. While the HOA can issue warnings or fines for violating parking rules, they typically cannot involve the police unless the issue... View More

Q: How can I defend myself against false accusations and trespass at my business residence in Oklahoma?

I am a registered agent and reside at a business location in Oklahoma. An individual associated with the business frequently creates confrontations and records them to blame me. Recently, he accused me of being involved in a robbery at the business, which I didn't commit. I have been... View More

James L. Arrasmith
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answered on Apr 12, 2025

Defending Your Rights as a Registered Agent in Oklahoma

Your situation involves complex legal issues concerning your status as a registered agent residing at a business location. In Oklahoma, a registered agent must have a physical street address in the state, and while many businesses use...
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1 Answer | Asked in Family Law, Real Estate Law and Gov & Administrative Law for Oklahoma on
Q: How to protect my mother's home interest in Oklahoma?

My wife and I took care of my parents for 14 years, and then my brother took over before he passed away. My mother is in Oklahoma, and she wants to add my daughter to the deed and remove herself to prevent the state from intervening, as there are attempts to sell her house. We want to stop the sale... View More

James L. Arrasmith
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answered on Apr 12, 2025

This situation requires immediate action as there are multiple legal considerations at play. Your first step should be to contact Oklahoma's Adult Protective Services (APS) to report the alleged abuse occurring at your mother's residence, as they are the agency responsible for... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Q: Can a landlord lock a gate and prevent mailbox access in Oklahoma?

I am a tenant whose mailbox is located inside a gated area of the rental property. Recently, my landlord started locking the gate, preventing me from accessing my mail. I've called to ask why I can't get my mail, but haven't received a clear response. What are my rights in this situation?

James L. Arrasmith
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answered on Apr 12, 2025

In Oklahoma, landlords are generally prohibited from interfering with tenants' access to their mailboxes. Federal law, under Title 18, Section 1702 of the U.S. Code, makes it a crime for anyone to delay or obstruct the delivery of mail. This includes landlords who prevent tenants from... View More

1 Answer | Asked in Real Estate Law, Military Law and Foreclosure for Oklahoma on
Q: Seeking advice on filing a Quiet Title claim for VA-backed loan foreclosure in Oklahoma.

I am a veteran with a VA-backed loan, and I am attempting to file a Quiet Title claim because my due process was compromised. I have evidence of dual tracking by my lender, who pursued foreclosure while I was in forbearance. The VA was never involved with my mortgage, and my entitlement is still... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s commendable that you're taking action to protect your rights, especially as a veteran. Given the circumstances of dual tracking and the violation of your forbearance agreement, you have a strong basis to challenge the foreclosure. Filing a Quiet Title action is one way to resolve... View More

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