by Brian Huddleston | Dec 23, 2022 | Legislation & Case Notes, Real Estate Law
The Servicemembers’ Civil Relief Act (“SCRA”) is found at 50 U.S.C. app. §§ 501 et seq. The purpose of the SCRA is strengthen and expedite national defense by giving servicemembers certain protections in civil actions. By providing for the temporary...
by Brian Huddleston | Aug 13, 2022 | Legislation & Case Notes, Real Estate Law
LANDLORDS BEWARE! Oklahoma has a new law going into effect on November 1, 2022, that makes a major change to the ORLTA. The change is aimed at improving living conditions for renters by allowing renters to make extensive repairs to their rent houses and apartments if...
by Brian Huddleston | Aug 1, 2022 | Real Estate Law
A mechanic’s and/or materialman’s lien, also known as a construction lien, when properly recorded, creates a security interest in real property that can be used to secure payment for services and/or materials that were consumed to construct, remodel, repair, or...
by Brian Huddleston | Jul 15, 2022 | Real Estate Law
If you’re in the market for a house, you may also be thinking about the “right” way to get the house you want for the best price. Most people hire a realtor when they want to list and sell their home, but it’s possible to sell a house without one and avoid the 5-6%...
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 | Mar 5, 2022 | Real Estate Law
What is a Force Majeure Clause? Force majeure is defined in Merriam-Webster Dictionary an “event or effect that cannot be reasonably anticipated or controlled.” In the context of a commercial lease, a force majeure clause excuses the performance of an obligation by a...
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 | Dec 22, 2021 | Real Estate Law
The COVID-19 pandemic has strained many parts of the global economy over the last two years. Included among those most affected are individuals who lost jobs (temporarily or permanently) and had difficulty paying rent on time. This has caused a ripple effect...
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...
