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OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA
ATTORNEY GENERAL OPINION
2017-1A
Charla Slabotsky, Executive Director January 3, 2017
Oklahoma Real Estate Commission
1915 N. Stiles Ave., Ste. 200
Oklahoma City, Oklahoma 73105
Dear Executive Director Slabotsky:
This office has received your request for a written Attorney General Opinion regarding agency
action that the Oklahoma Real Estate Commission intends to take regarding Board case C-2014-
055. The proposed action is to impose fines totaling $2,000. The sales associate licensee failed to
obtain an owner's permission before renting property to a tenant, failed to submit the collected
rent to the broker, failed to include the appropriate broker disclosures in the lease agreement, and
completed a lease transaction outside the supervision of a licensed broker.
The Oklahoma Real Estate Code authorizes the Commission to impose sanctions on licensees
who [flail[], within a reasonable time, to account for or to remit any monies... which belong to
others and whose conduct constitutes untrustworthy, improper, fraudulent, or dishonest
dealings, by rent[ing] or leas[ing] [property] without the consent of the owner. 59 O.S.2011,
§ 858-312(6), (8), (11). In addition, the Code requires that specific written disclosures ... be
confirmed by each party in writing in a separate provision incorporated in or attached to the
contract to ... lease ... real estate. 59 O.S.Supp.2016, § 858-356. Commission rules further
mandate that sales associates perform actions only in the associate broker's name. OAC 605:10-
11-1(a). By imposing a moderate fine, this action enforces requirements that licensees manage
properties as agreed, handle funds appropriately, and provide lease agreements that include the
legally required disclosures. The Board may reasonably believe the disciplinary action is
necessary to prevent future violations.
It is, therefore, the official opinion of the Attorney General that the Oklahoma Real Estate
Commission has adequate support for the conclusion that this action advances the State of
Oklahoma's policies protecting against sales associate licensees practicing beyond their granted
authority.
E. SCOTT PRUITT
ATTORNEY GENERAL OF OKLAHOMA
313 N.E. 21s STREET * OKLAHOMA CITY, OK 73105 * (405) 521-3921 - FAX: (405) 521-6246
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