Supreme Court of Oklahoma

Steve R. White, an Individual and Nikki L. White, an Individual, Plaintiffs/respondents v. Heng Ly Lim and Rachel…

October 13, 20092009 Okla. LEXIS 84

Summary

The Court held that the amended Residential Property Condition Disclosure Act provides the exclusive remedy for a purchaser's claims arising from the nondisclosure of known residential-property defects. The statute limits recovery to actual damages and expressly prohibits exemplary damages, including when the purchaser characterizes the allegations as independent common-law fraud or misrepresentation claims. The Court reversed and remanded the cause for further proceedings consistent with that construction.