Most states in the United States have a Lemon Law in place because lemon purchases are unfortunately very common. Whether you have purchased a lemon yourself or you know someone who has a lemon, you probably know how difficult it can be to navigate the legal system when it comes to Oklahoma Lemon Law.
Does Oklahoma Have a Lemon Law?
Chances are, because of the frequency of lemon purchases, your state has an active Lemon Law in place. If you are unsure about this, make sure to do some research online and read in depth about the Lemon Law in Oklahoma.
What is Lemon Law in Oklahoma?
Oklahoma Statutes Annotated, Title 15, § 901
15-901 Motor vehicles – Repairing under warranty.
- As used in this act:
- “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty; and
- “Motor vehicle” means any motor-driven vehicle required to be registered under the Motor Vehicle License and Registration Act, Sections 22 et seq. of Title 47 of the Oklahoma Statutes, excluding vehicles above ten thousand (10,000) pounds gross vehicle weight and the living facilities of motor homes.
- For the purposes of this act, if a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity, directly in writing, to the manufacturer, its agent or its authorized dealer during the term of such express warranties or during the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.
- If the manufacturer, or its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall either accept a return of the vehicle from the consumer and refund to the consumer the full purchase price including all taxes, license, registration fees and all similar governmental fees, excluding interest, less a reasonable allowance for the consumer’s use of the vehicle or replace the motor vehicle with a comparable new model acceptable to the consumer. If a comparable model vehicle cannot be agreed upon, the purchase price shall be refunded less a reasonable allowance for the consumer’s use of the vehicle. Refunds shall be made to the consumer, and lienholder if any, as their interests may appear. A reasonable allowance for use shall be the purchase or lease price of the new motor vehicle multiplied by a fraction having as the denominator one hundred twenty thousand (120,000) miles and having as the numerator the miles directly attributable to use by the consumer beyond fifteen thousand (15,000) miles. It shall be an affirmative defense to any claim under this act
- that an alleged nonconformity does not substantially impair such use and value or
- that a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle. In no event shall the presumption described in this subsection apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to cure the defect alleged.
- It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if
- the same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers within the express warranty term or during the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but such nonconformity continues to exist or
- the vehicle is out of service by reason of repair for a cumulative total of thirty (30) or more calendar days during such term or during such period, whichever is the earlier date. The term of an express warranty, such one-year period and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.
- Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
- If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of Title 16, Code of Federal Regulations, Part 703, as from time to time amended, the provisions of subsection C of this section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.
- The Oklahoma Attorney General shall prepare and place on the Attorney General’s website a written statement explaining the rights of a purchaser under this law. The dealer shall provide to the purchaser at the time of the original purchase of a new motor vehicle the written statement prepared by the Attorney General.H.Vehicles returned pursuant to the provisions of this act may not be resold in this state unless:1. The manufacturer provides the same express warranty the manufacturer provided the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale, whichever is earlier; or2. The manufacturer, through the licensed dealer, provides the consumer with a written statement on a separate piece of paper that clearly discloses the reason or reasons the vehicle was reacquired by the manufacturer.I. Notwithstanding the provisions of subsection H of this section, returned vehicles shall not be resold if a new motor vehicle has been returned pursuant to the provisions of this act or a similar statute in another state because of nonconformity resulting in a complete failure of the braking or steering system likely to cause death or serious bodily injury if the vehicle is driven.J. In any civil action pursuant to this section wherein the consumer is the prevailing party in the civil action, the consumer shall recover all costs and reasonable attorney fees as determined by the court.
When does a vehicle qualify as a Lemon in Oklahoma?
As with most laws, the details for lemon qualifications are different in every state. To find out the particular qualifications, check out Oklahoma’s statutes online. If you have researched and still find yourself a bit confused, reach out to one of our excellent, lem-on law attorneys to help you with that determination. Keep in mind that our team of experienced Lemon Law attorneys have represented auto manufacturing companies in the past which means we have unique expertise when it comes to preparing your case.
To contact us in the event of legal confusion or need for legal consultation, check out our website and fill out our contact form. If you would rather, we can also be reached over the phone at (888)353-0456.
Is a used car covered under Oklahoma Lemon Law?
Unfortunately, most vehicles that are purchased from a used car dealer do not come with a warranty. Because Lemon Law operates based on warrantees and promises, it is impossible to move forward with a used vehicle. However, there are exceptions: some used vehicles do come with a warranty. If you have purchased a used vehicle that has an active warranty, it may qualify as a lemon in Oklahoma.
When do I need an Oklahoma based Lemon Law Attorney?
If you find yourself unsure of whether your vehicle will qualify as a lemon, it is a good idea to speak with one of our expert attorneys to help you make that determination. If you have determined that your vehicle is indeed a lemon, you should absolutely hire an attorney as soon as possible to begin the process of receiving what is owed to you from the auto manufacturer.
How do Lemon Law Attorneys in Oklahoma protect my rights?
The fact of the matter is that the common person is not well school when it comes to any kind of law. Lemon Law attorneys consult with individuals in order to ensure proper navigation of the system. Our attorneys thoroughly know Oklahoma Lemon Law and will be there to lead you through every legal concept.
In addition to leading you through the system, our Lemon Law attorneys are educated regarding all the possible approaches to take when dealing with lemons. Since each case is so unique, it is important to have someone by your side who knows how to and how not to approach the exact circumstance you are facing.
How long do Lemon Law cases in Oklahoma typically take to get resolved?
It is nearly impossible to know the exact time frame of a case because of its uniqueness. We recommend sitting down with one of our attorneys and having an initial consultation where the details of your case can be explained, therefore giving you a better idea of the general time frame.
Regardless of the amount of time it takes, you can rest assured knowing that our professional attorneys are committed to communicating with you throughout every aspect of litigation regarding your case.
How much will an Oklahoma Lemon Attorney cost to hire?
According to Oklahoma’s Lemon Law statutes, our attorney’s client will not be held responsible for any fees accrued during the legal process. Rightfully, the financial responsibility lies on the auto manufacturer.
What are some of the areas that that Lemon Law Lawyers in Oklahoma cover?
If you are unsure about how to proceed, or if you are absolutely certain that you are ready to hire a Lemon Law attorney, reach out to us today. We are available in these major Oklahoma cities:
- Oklahoma City
- Broken Arrow
- Midwest City
- Ponca City
- Del City
- Sand Springs
- El Reno
- Elk City