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...
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...
by Brian Huddleston | Sep 11, 2021 | Legislation & Case Notes, Real Estate Law
Oklahoma HB 1148, which regulates real estate “wholesaling,” goes into effect Nov. 1, 2021. The new law requires so-called wholesalers to hold a state real estate license. Wholesaling is when someone, typically an unlicensed individual trying to make money in the real...
by Brian Huddleston | Aug 31, 2021 | Legislation & Case Notes, Real Estate Law
Oklahoma has a new law that allows domestic violence victims to terminate their lease early without penalty. Senate Bill 200 states that a victim of domestic violence, sexual violence or stalking may terminate a lease without penalty by providing a written notice and...
by Brian Huddleston | Aug 31, 2021 | Legislation & Case Notes, Real Estate Law
The United States Supreme Court ended the nationwide residential eviction moratorium that has been in place for nearly a year. Alabama Association of Realtors v. U.S. Department of Health and Human Services, 594 U.S. ___, WL 3783142 (Aug. 26, 2021) On August 26, 2021,...
