by Brian Huddleston | Mar 5, 2022 | Legislation & Case Notes
Facts: McCleary filed an application for a variance to allow her to store her recreational vehicle (RV), which she used in her photography business, in her driveway in violation of the Broken Arrow Zoning Code (the “Code”). The RV was registered with the Oklahoma Tax...
by Brian Huddleston | Feb 12, 2022 | Legislation & Case Notes, Real Estate Law
Rickard v. Coulimore, 2022 OK 9 (Okla. 2022) In this Residential Property Condition Disclosure Act (RPCDA) case, the Oklahoma Supreme Court holds that residential property sold by the trustees a revocable living trust is entirely exempt from the RPCDA even when the...
by Brian Huddleston | Feb 12, 2022 | Legislation & Case Notes, Real Estate Law
What is the defense of impossibility? The doctrine of impossibility is an affirmative defense that excuses certain breaches of contract. (“Affirmative defense” means a defense raised by the defendant in answering a complaint alleging breach of contract)....
by Brian Huddleston | Oct 9, 2021 | Legislation & Case Notes, Real Estate Law
It is not uncommon for landlords to withhold all or a portion of the security deposit, as well as make claims above and beyond the deposit for damages and the cost of repairs to make the leased premises rentable again. Oklahoma Residential Landlord and Tenant Act...
by Brian Huddleston | Sep 20, 2021 | Legislation & Case Notes
The COVID-19 pandemic has brought overwhelming grief to many families. FEMA’s mission is to help people before, during and after disasters. COVID-19 is one of those disasters. Under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and...