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WHITE v. HENG LY LIM

Nos. 107,068, 107,054.

224 P.3d 679 (2009)

2009 OK 79

Steve R. WHITE, an individual and Nikki L. White, an individual, Plaintiffs/Respondents, v. HENG LY LIM and Rachel Sunnora Lim, husband and wife, as individuals as well as Trustees of the Rachel S. Lim Revocable Living Trust dated November 9, 2002, Defendants/Respondents, and Karla Yates, as an individual, and Action Real Estate, L.L.C., an Oklahoma Corporation, Defendants/Petitioners.

Supreme Court of Oklahoma.

October 13, 2009.

Attorney(s) appearing for the Case

Michael C. Woodward, Woodward & Guten, PLLC, Tulsa, OK, for plaintiffs/respondents, Steve R. White and Nikki L. White.

Ronald D. Cates, Tulsa, OK, for defendants/respondents, Heng Ly Lim and Rachel Sunnora Lim.

W. Michael Hill, Don W. Danz, Richard C. Honn, Benjamin J. Oxford, Secrest, Hill & Butler, Tulsa, OK, for defendants/petitioners, Karla Yates and Action Real Estate, L.L.C.

WATT, J.

¶ 1 The language of 60 O.S. Supp.2003 § 8371 provides that: the "sole and exclusive civil remedy at common law or otherwise" under the Residential Property Condition Disclosure Act (Disclosure Act), 60 O.S.2001 § 831, et seq. "shall be an action for actual damages;" awards "shall not2 include the remedy of exemplary damages"; and the Disclosure Act "applies to, regulates and determines...

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