OAR Legislative Policy Agenda

The Oklahoma Association of REALTORS® would like to say thank you to the 51st   Oklahoma Legislature. Thank you for your commitment to the citizens of Oklahoma and for taking the time to consider the consequences of each vote you will take during this session.

Just like you, the Oklahoma Association of REALTORS® is committed to the citizens of Oklahoma. We have more than 11,000 members throughout the state who are working everyday, helping Oklahomans buy and sell real estate. That is why we are committed to the protection of private property rights as a philosophical and business interest. The basic right to buy, sell, use and transfer real property directly impacts the business of our members. In fact, that basic right impacts every business in Oklahoma. The protection of private property rights is basis of all our lobbying efforts.

You’ll find that this 2007-2008 Legislative Policy Agenda identifies three broad issue areas, which include State Regulation of the Real Estate Industry and Real Estate Law, Economic Development, and Taxation and Land Use and Environmental Issues. These areas work together to provide the foundation for private property rights.

Let’s face it, economic development is vital to the continued success to the state of Oklahoma and to Oklahoma REALTORS®. That is why the Oklahoma Association of REALTORS® will: 

  • Monitor proposed changes to the infrastructure upon which Oklahoma businesses are built.
  • Seek to protect our members from intrusive or restrictive government regulations of the real estate industry or businesses.
  • Analyze all tax-related legislation or increases based on the impact to the real estate industry, property owners and business.

Government control and regulation of the environment in relation to the use of private property is a hot issue these days. The Oklahoma Association of REALTORS® will: 

  • Weigh each environmental law by its impact on private property rights against the likelihood the protection of air, water or land can only be achieved by implementing the proposed regulation or law.
  • Work to eliminate no-growth restrictions in the zoning and planning policies of the state and local governments in Oklahoma.

Overall, the 2007-2008 Oklahoma Association of REALTORS®  Legislative Agenda attempts to deal with the issues in a manner which will enhance the business of Oklahoma REALTORS®  and in turn all Oklahomans.

 President's Message

Legislative, Political and Regulatory Affairs Committee

State Regulation of the Real Estate Industry/Real Estate Law

Economic Development & Taxation

Land Use & Environmental Issues

Find Your Legislator using your home or office address.
Roster - House
Roster - Senate

View Legislative Policy Agenda as a PDF file.

2007 OAR President Dennis Nevius
The Oklahoma Association of REALTORS® is proud to present our Legislative Policy Agenda to the 51st Oklahoma Legislature.
On behalf of the more than 11,000 REALTORS® across the state, we are committed to be actively involved in the legislative process to protect our industry and the rights of all real property owners.

This session promises to be a busy and exciting one for our
industry, and we look forward to working with each of you
toward a winning solution to our mutual concerns. Our members and staff are always available to meet and discuss with you on any real estate issue with you. Please call us at any time during the legislative session, and throughout the year, when we can be of service to you and your legislative efforts.

Thank you,

Dennis Nevius
Edmond

State Regulation of the Real Estate Industry/Real Estate Law
Premise: An increase in consumerism will result in continued efforts to regulate the real estate industry and support services. The Oklahoma Association of REALTORS® is aware of the increasing consumer scrutiny of REALTORS®, REALTOR-Associate®s, their services and the cost of those services and will continue to improve the public image of REALTORS® by supporting high quality education which stresses ethical standards and awareness of the laws and regulations pertaining to our industry. The Oklahoma Association of REALTORS®, in conjunction with the Oklahoma Real Estate Commission, will work to ensure licensing laws balance the needs of the consumer with the economic concerns of licensees.

Real Estate Licensing Laws

  • Support use of a standard residential real estate purchase contract or other forms approved by the OREC for real estate licensees.
  • Support mandatory background checks during OREC application process.
  • Oppose the consolidation of OREC functions with other state agencies.
  • Oppose the creation of any specialty permits under real estate licensing laws as restrictive and unnecessary.
  • Oppose any legislation which would allow banks and other financial institutions entry into the real estate third-party brokerage or property management business.
  • Study license reciprocity with other states.
  • Monitor all legislation and/or regulations affecting real estate appraisers and/or appraisals and home inspectors.
  • Monitor legislation regarding mandatory errors and omissions insurance for all real estate licensees.
  • Carefully monitor all legislation and/or regulations relating to unbundled services in the real estate industry.

Real Estate Law

  • Encourage further clarification of the Broker Relationships Act as needed.
  • Support the innocent landowner defense.
  • Support the creation of a lien against real estate to be used by commercial real estate brokers for the collection of commissions.
  • Study the elimination of adverse possession.
  • Study the effects of requiring the disclosure of the covenants and restrictions of a subdivision to buyers of residential real estate.
  • Study the buyer inducement provisions of the Oklahoma Real Estate License Code and Rules.

Real Estate Business Activities

  • Support open ownership of title insurance agencies which encourages competition and protects the public interest.
  • Support licensing requirements for closing companies that do not preclude real estate licensees from closing their own in-company transactions.
  • Support changes to the abstracting laws of Oklahoma to ensure they are fair and affordable to Oklahoma property owners.
  • Support changes in the title insurance laws which encourage consumer choice in the issuance of a title insurance policy.
  • Strongly oppose any mandatory requirement that an attorney or attorney’s representative be present or involved in any aspect of the real estate transaction.
  • Oppose state-imposed limits or restrictions placed on “controlled business arrangements” regulated under RESPA.
  • Carefully monitor all legislation and/or regulation which would potentially impact the availability and/or affordability of property insurance.
  • Monitor all legislation regarding the activities involved in the closing of a real estate transaction. Such activities include but are not limited to: inspections, abstractors, title insurance, mortgage origination, mortgage companies and homeowners insurance.

Economic Development & Taxation
Premise: Investment in real estate is an essential ingredient in the economic development of Oklahoma. It is imperative Oklahoma’s legislative agenda include pro-business legislation aimed at attracting new businesses and retaining and expanding existing business, thereby increasing investment activity in real estate. The structure upon which economic growth is based should be ad valorem tax reform, tort reform, reform of the worker’s compensation system and development of education and technology.

Infrastructures for Business Growth

  • Strongly support a continued effort to enact reforms in the worker’s compensation laws and continue to ensure real estate licensees paid on a commission basis remain exempt.
  • Oppose legislation which would allow access to properties by telecommunications and related companies without the consent and/or compensation of the property owner.
  • Continue to work for significant tort reform.
  • Carefully monitor legislation restricting the business use of telecommunications systems, including broadcast faxes and e-mails.

 

Miscellaneous

  • Support efforts to increase financial literacy education in Oklahoma’s secondary schools system.

  • Continue to monitor the development of ethics rules and laws which affect campaign contributions and regulation of political action committees. Will work to ensure restrictions are not unduly cumbersome and exclusionary.

  • The Oklahoma Association of REALTORS® will provide staff and membership support to the National Association of REALTORS®’ lobbying efforts on national issues.

Tax Structures

  • Continue supporting the repeal of the estate tax.
  • Support meaningful ad valorem tax reform to assure fair and accurate assessment, levy and collections procedures which encourage real estate investment.
  • Strongly oppose any sales taxation of professional services including those of REALTORS®.
  • Oppose any effort to increase the documentary stamp tax for any purpose.
  • Oppose any effort, physical or financial, which would inhibit access to public records.
  • Oppose regulations/legislation which attempt to erode the definition of “independent contractor” as it relates to exemptions available for REALTORS® under state law.
  • Assist local boards and associations in any manner to ensure local governments do not impose additional licensing/signage/transfer fees on REALTORS® as a condition for doing business within the jurisdiction.
  • Monitor and strive to analyze all tax-related legislation and tax increases coming before a vote of the people on a real estate and business impact basis.
  • Support the repeal of taxation on the transfer of business personal property in commercial real estate transactions.

Land Use & Environmental Issues
Premise: The protection of the quality of our air, water and land, as well as reasonable preservation of natural resources, must be weighed by the impact legislative protection enacts on private property owners and their freedom to enjoy the uninterrupted use of their property without government interference. The Oklahoma Association of REALTORS® recognizes that property development, management and preservation of natural resources is vital to the future of housing and the supply of marketable real estate.
  • Support a policy based on “lead-safe homes” which encourages disclosure of “known lead hazards” during the sale of residential real estate but does not impose mandatory inspection, testing or eradication as a condition of transfer, financing, sale or ownership.
  • Support just compensation for the confiscation of private property including unreasonable dedication, wetlands or exclusionary zoning.
  • Support voluntary conservation measures to increase the energy efficiency of existing homes.
  • Support a private property rights law which requires state agencies to analyze rules and regulations to determine whether those rules and regulations result in a “constitutional taking” that requires just compensation.
  • Support state programs that provide tools to local governments to encourage collaborative and regional comprehensive planning as long as it supplements, rather than displaces, local control and decision-making.
  • Carefully monitor any proposed legislation and/or regulation relating to further disclosure of any known moisture and mold problems or condition by real estate brokers and property managers.
  • Oppose environmental legislation which unduly and unnecessarily restricts the use of private property.
  • Continually monitor and analyze legislation/regulation relating to growth management strategies of urban areas which restrict the use of private property.
  • Monitor the list of endangered species for Oklahoma and possible impact on private use of land.
  • Monitor any legislation and/or regulation relating to remediation standards for properties used for the manufacturing of methamphetamines.