§ 41. Unlawful business inducements--Charges for abstracts, abstract extensions, supplemental a...
Oklahoma Statutes AnnotatedTitle 1. Abstracting
1 Okl.St.Ann. § 41
Formerly cited as OK ST T. 74 § 227.28
§ 41. Unlawful business inducements--Charges for abstracts, abstract extensions, supplemental abstracts and final title reports--List of abstracting fees--Civil penalties
B. All charges for abstracts, abstract extensions, supplemental abstracts or final title reports shall be separately stated and shall not be combined with title insurance, closing fees, or examination charges, shall be uniform for all abstracts, abstract extensions, supplemental abstracts or final title reports of whatsoever kind or nature, whether the abstract, abstract extension, supplemental abstract or final title report is prepared for use by the abstractor or for others purchasing abstracts, abstract extensions, supplemental abstracts or final title reports from the abstractor; and any other charge therefor shall be unlawful.
C. The list of abstracting fees required to be attached to an application for certificate of authority, an application to renew a certificate of authority and an application to transfer a certificate of authority pursuant to the provisions of Section 227.18 of this title shall include all fees the applicant intends to charge for abstracts, abstract extensions, supplemental abstracts or final title reports. The Oklahoma Abstractors Board shall notify the applicant in writing of any action taken with regard to the requested fees within sixty (60) days of submission. If no notice is provided regarding the submitted fees, they will be deemed to become effective on the sixty-first day following the day the application was submitted to the Board. The fees shall also be subject to the following:
3. The amended list of fees must be approved before becoming effective. The Board may disapprove a list of fees or an amended list of fees if the fees are determined to be excessive or are used as an unlawful inducement. In determining whether a fee is excessive, the Board may consider any or all of the following:
D. In addition to any other penalty any person, firm, corporation, or other entity violating the provisions of this section shall be subject to a civil penalty of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) for each occurrence. The fine may be enforced in the same manner in which civil judgments may be enforced.
Credits
Laws 1984, c. 163, § 19, eff. Nov. 1, 1984; Laws 2006, c. 269, § 10, eff. July 1, 2007. Renumbered from Title 74, § 227.28 and amended by Laws 2007, c. 359, §§ 21, 22, eff. Jan. 1, 2008.
1 Okl. St. Ann. § 41, OK ST T. 1 § 41
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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