Key Takeaways

  • The Oklahoma Broker Relationships Act governs agency disclosure and broker duties in real estate transactions
  • Brokers must describe and disclose their duties and responsibilities in writing before signing any contract
  • Oklahoma allows brokers to provide brokerage services to both parties in a transaction with proper disclosure
  • Mandatory duties to all parties include honesty, reasonable skill and care, and timely accounting of funds
  • Confidential information must be protected unless disclosure is required by law or authorized in writing
Last updated: January 2026

Oklahoma Broker Relationships Act

The Oklahoma Broker Relationships Act (Title 59, Oklahoma Statutes, Sections 858-351 through 858-363) is Oklahoma's primary law governing agency disclosure and broker duties in real estate transactions.

Purpose of the Broker Relationships Act

The Act requires brokers to describe and disclose in writing their duties and responsibilities prior to a party signing a contract to sell, purchase, option, or exchange real estate.

Key Point: Written disclosure of broker duties is mandatory before any contract is signed.

When to Provide Disclosure

The broker must provide written disclosure of duties and responsibilities:

  • Prior to signing any contract to sell, purchase, option, or exchange real estate
  • Before any confidential information is shared

Timing Guidelines

SituationWhen to Provide
Listing presentationBefore signing listing agreement
Buyer inquiryBefore signing buyer representation agreement
Showing propertyBefore substantive negotiations
Contract presentationBefore signing purchase contract

Types of Broker Relationships

Oklahoma recognizes several broker relationship structures:

Single-Party Representation

A broker represents only one party in the transaction:

RelationshipBroker Represents
Seller's brokerSeller only
Buyer's brokerBuyer only

Services to Both Parties

Oklahoma law allows a broker to provide brokerage services to both parties in the same transaction:

  • Must provide written notice to both buyer and seller
  • Commonly occurs when listing firm's buyer wants to purchase listing
  • Broker must remain neutral and cannot advocate for either party's interests over the other

Mandatory Duties to ALL Parties

The Oklahoma Broker Relationships Act establishes duties that cannot be waived and apply to all parties:

Universal Duties

DutyDescription
HonestyTreat all parties with honesty
Skill and careExercise reasonable skill and care
Present offersReceive and present all written offers and counteroffers timely
Reduce to writingReduce offers/counteroffers to written form upon request
Account for fundsTimely account for all money and property received
Property disclosuresDisclose information required by Residential Property Condition Disclosure Act
Comply with lawFollow Oklahoma Real Estate License Code and all applicable rules
ConfidentialityKeep confidential information confidential

Confidential Information

The following is considered confidential information that must be protected:

  • That a party is willing to pay more or accept less than offered
  • That a party is willing to agree to different financing terms
  • The motivating factors for purchasing, selling, or leasing
  • Any information specifically designated as confidential by the party

Confidentiality Exceptions

Confidential information may be disclosed if:

  1. Written consent is granted by the party
  2. Disclosure is required by law
  3. Information becomes public knowledge

Key Rule: A broker must never disclose a party's bottom-line price or motivation without written consent.

Additional Duties to Represented Parties

Beyond universal duties, brokers owe additional duties to parties they represent:

Additional DutyDescription
Cost disclosureInform in writing about expected costs and brokerage fees
Keep informedKeep the party informed regarding the transaction
Compensation disclosureDisclose compensation details before contract effective date

Compensation Disclosure (2025 Update)

Brokers must disclose:

  • Compensation and fees assessed on each transaction
  • Time frame for which compensation agreement is valid (not to exceed 1 year)
  • If no time frame specified, agreement defaults to 60 days
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Oklahoma Broker Disclosure Process
Test Your Knowledge

When must a broker provide written disclosure of duties under the Oklahoma Broker Relationships Act?

A
B
C
D
Test Your Knowledge

Which of the following is considered confidential information under Oklahoma law?

A
B
C
D