| Oklahoma Lemon Law Firms, the Oklahoma lemon law code, and information
Oklahoma Lemon Law Firms:
This is a list of law firms that are registered as specializing in Oklahoma lemon law cases.
| M. Todd Konsure |
First National Center PO Box 1031 215 E Choctaw Suite 109 McAlester, OK 74502-1031 74502 |
58.62 miles |
| (800) 426-0703 |
www.konsurelawfirm.com |
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| The Law Offices of Robert R. Robles |
428 NW 5th St. Suite A Oklahoma City, OK 73102 73102 |
62.21 miles |
| (405) 232-7980 |
www.robert-r-robles.com |
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| Park, Nelson, Caywood, Jones |
122 North Fourth Street P.O. Box 968 Chickasha, OK 73023 73023 |
67.28 miles |
| (405) 224-0386 |
www.pncj.com |
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| Richardson, Stoops, Richardson & Ward |
6555 S. Lewis, Second Floor Tulsa, OK 74136 74136 |
99.65 miles |
| (918) 492-7674 |
www.rsrwlaw.com |
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| Lawson & Associates |
2591 Dallas Parkway Suite 407 Frisco, TX 75034-8552 75034 |
113.16 miles |
| (214) 618-6111 |
www.lawsonlawoffice.com |
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| Pittenger & Associates, P.C. |
8595 Meadow Hill Drive Frisco, TX 75034 75034 |
113.16 miles |
| (972) 335-9473 |
www.friscotexaslawyer.com |
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| ADAMCIK & MATERN, LLP |
405 S. Birmingham St. Wylie, TX 75098 75098 |
123.99 miles |
| (972) 442-5700 |
www.wylieattorney.com |
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| Geary, Porter & Donovan, P.C. |
16475 Dallas Parkway Suite 500 Dallas, TX 75001 75001 |
125.38 miles |
| (972) 931-9901 |
www.gpd.com |
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| Maris & Lanier, P.C. |
Meadow Park Building Suite 1450 10440 N. Central Expressway Dallas, TX 75231 75231 |
132.65 miles |
| (214) 706-0920 |
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| Scott H. Palmer P.C. |
3232 McKinney Ave. Suite 820 Dallas, TX 75204 75204 |
137.76 miles |
| (214) 987-4100 |
www.scottpalmerlaw.com |
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Oklahoma Statutes Annotated, Title 15, § 901
15-901 Motor vehicles - Repairing under warranty.
A. As used in this act:
1. "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
2. "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.
B. 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.
C. 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 replace the motor vehicle with a new motor vehicle or accept 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. Refunds shall be made to the consumer, and lien holder if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair. It shall be an affirmative defense to any claim under this act
(1) that an alleged nonconformity does not substantially impair such use and value or
(2) 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.
D. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if
(1) 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
(2) the vehicle is out of service by reason of repair for a cumulative total of forty five (45) 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 forty five 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.
E. Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
F. 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.
Basically, the Lemon Laws state that if you purchase (and in many states, lease) a brand new or pre-owned car or other car covered by a manufacturer's warranty that struggles to consistently run after repair attempts, and the original producer cannot repair it in spite of duplicated efforts (within a set time limit that differs from state to state), or if the car is out of service for a limited period of time (generally 30 days) because of its shortcomings, you are eligible to a wide number of costs, including:
1. Monetary damages
2. A restitution of the original money paid
3. A brand new automobile
Additionally, just about all of the Lemon Laws (as well as the Federal Warranty Law) have a fee changing component which stipulates that if you win your case, the original equipment manufacturer or dealer that sold you your lemon is obliged to repay litigation fees.
Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Although the wording of each state's statute are different, the general state Lemon Law statute offers relief for consumers with a faulty automobile covered by a warranty if:
1. The dealer or original equipment manufacturer cannot indisputably remedy a particular fault in the product after a reasonable number of repair attempts (normally at least three);
2. The automobile can't be used for at least 30 days due to faults in the vehicle; or
3. The dealer or original equipment manufacturer just can not correct a flaw that is a important safety risk.
Usually, a defective motor vehicle is a motor vehicle with a defect or condition that frequently impairs its function, economic value, or safety to the consumer and does not conform to the written warranty. Typically, the time period in which the Lemon Laws apply are relatively short; the problems and consequential repair attempts (or out-of-service time) often must take place during the first 2-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter periods. Also, virtually all states have notification and initiation prerequisites, such as wanting the consumer to give registered mail notice to the original equipment manufacturer of the troubles and affording the dealer a chance to fix the automobile. Furthermore, some states necessitate that Lemon Law lawsuits be settled through an arbitration program.
Generally, state Lemon Law ordinances also are applicable to leased automobiles and used automobiles purchased while under the producers basic warranty. A good number of state Lemon Laws also are applicable to automobiles other than passenger vehicles. based upon the buyer's home state, or the state where the consumer bought the automobile, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (like computers)
There are a number of effective remedies available under the Lemon Laws. U.S. states most instances, if the original equipment manufacturer just can't correct the vehicle, the consumer can either call for the original equipment manufacturer to replace the motor vehicle, or obligate the maker to take the motor vehicle and return the original price paid including accompanying damages, including all fees, towing costs, repair charges, alternative travel costs and other damages incurred by the consumer as a consequence of the faults in the vehicle. Another important remedy available under most Lemon Laws is litigation fees. In many states, if you prevail in a Lemon Law lawsuit, you will not have to pay any laywers' fees-the car original maker that sold you your lemon is expected to pay all of your laywers' charges.
The defendant automobile original producer can use several defenses to a Lemon Law claim. The general regulation affords that the original equipment manufacturer is not liable if it can demonstrate that the faults in dispute were caused by abuse, carelessness, or the alteration or modification of a car by persons other than the manufacturing business, an agent, or its authorized dealer. In different words, if the consumer damages his or her own motor vehicle, or the troubles were the fault of modifications or adjustments executed by an unauthorized dealer, the manufacturing business may not be guilty.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer commodities to provide customers comprehensive data about warranty coverage claims. In addition, it determines both the rights of consumers and the obligations of warrantors under written warranties.
Although the Magnuson Moss Act does not require an car original equipment manufacturer to supply buyers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords various protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for violating the warranty by making breach of warranty a violation of federal law, and by permitting purchasers to recoup litigation costs and reasonable attorneys' fees.
The Magnuson Moss Act is typically effective in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not available or moreover disadvantageous. For instance, divaricate from the rather short period offered to purchasers inside most Lemon Laws, you can file a claim for breach of warranty after the warranty period has expired if the troubles occurred during the warranty time period. Also, although a few Lemon Laws restrict their coverage to a narrow group of cars, the Magnuson Moss Act applies to virtually all consumer products. The Magnuson Moss Act might also be applicable if you bought or leased a preowned car without a manufacturer's warranty, or if the car is covered by a third party agreement or other variety of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every U.S. state. It is the principal basis of law governing warranties on consumer goods, including automobiles and other items. The UCC affords an alternative legal route for customers with lemon troubles.
UCC code says that the purchaser of a good is entitled to return product which do not perform in any way to the contract. Basically, if your new vehicle does not function as guaranteed by the manufacturing business (your original warranty is a portion of your contract), you may have a claim referencing the UCC in addition to whatever other claims you may have.
The period for bringing back a motor vehicle with the UCC is not limitless. If you reveal a failing in your car within a sensible posession time period, you can reject the automobile. Unfortunately, new motor vehicles can be typically mechanically complex and you might not know whether your vehicle conforms to the agreement till after you purchase the vehicle and problems start to arise. Therefore, if Following this posession time you fail to take back the vehicle, you will be deemed to have accepted it and might have no claim through the UCC.
The duration of the inspection period is not delineated in the statute. Local courts decide how long the sensible inspection period is based on the buyer's expertise and personal experience, the buyer's difficulty in identifying the problem, and the buyer's chance to come across the fault.
In spite of this limitation, the UCC provides that in certain cases where a buyer is alleged to have approved of goods (i.e. the sensible inspection time period has expired), a buyer may still recant his favorable reception of those product where the non-conformity largely impairs the value of the product to him. Those cases include suits in which it proves challenging to expose the nonconformity or the buyer was guaranteed that the non-conformity would be fixed. Put differently, the court will exempt the buyer from not refusing the product where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively breaks down and you have to keep taking it back to the dealer for repair under the warranty, the car lemon law might be your next course. The flaw must be substantial where it impedes your driving the vehicle or your safety. A vehicle stalling perpetually would be a substantial flaw. This is exactly the type of defect that could impair your driving and your safety. Under the auto lemon law you are not obligated to establish why the car is stalling, you simply have to show clearly that it is stalling. Basically you need to look into the lemon law in these 3 situations: the car keeps dying within the warranty period, the car is a safety hazard, the car dealership is incapable to rebuild the car when it is guaranteed.
If you own a motor vehicle which is a lemon you can directly write to the manufacturer and ask for a replacement motor vehicle. If this requirement is not acceptable to the manufacturer, you could start into an arbitration program. A few manufacturing business* have their own arbitration program. Other manufacturing business* use external arbitration program such as Autoline by the BBB. The proposition of the arbitrators is binding on the manufacturer but not on the owner. If unsatisfied with the proposal, the owner can take the manufacturer to court.
Virtually all ordinances provide that the owner must be returned back to the financial status they were in prior to purchasing the motor vehicle, less the amount of money that the owner profited from by using the motor vehicle. To get the repayment amount several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned cars might qualify under regular lemon laws. For example, a pre-owned car might fall under normal lemon laws if it is less than one year old and has got fewer than 12,000 miles on the odometer. States that do have a used car lemon law will be extra accommodative with the age and amount of mileage. Still, the car must be sold by a dealer that supplies a written warranty. Private party sales aren't governed, neither are motor vehicles sold under a certain original cost. There might be other restrictions to a used car lemon law such as the proposes in which the motor vehicle is used or the classification of motor vehicle. Vintage automobiles, are commonly excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter time period than new car laws. They frequently range from 30 to 90 days, depending on your used car's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the fee program. Many lemon law lawyers need a rather minor retainer to address a lemon law claim, and thenceforth, the attorney's fees are charged to the original equipment manufacturer. Thus, lemon law claims are oftentimes very inexpensive to consumers. The reimbursement of lawyer invoices differs from state to state. About half of the states permit you to recoup your Lawyer invoices if you win. The attorney's fee is based upon actual time used rather than being tied to any other percentage of the recuperation. In a select few States, you must pay the manufacturing business* attorney's fees if you lose.
Consumers should record their charges in writing and hold a copy. In every written communication, always explain how difficult it is to return the car to the dealer for repairs and that the reliability that the owner believed She was acquiring has been non-existent. Any written communication with a dealership or original equipment manufacturer must be sent using certified post. In almost all claims the manufacturing business* claim that they haven't had the essential number of attempts to correct the condition. They count on the knowledge that the owner doesn't have repair sheets for each time they have taken the motor vehicle into the authorized repair facility. They also rely on the fact that the repair sheets have seperate items repaired every period demonstrating that they haven't repaired the same problem. Consumers should reply by asking that authorized dealerships always grant them a warranty repair sheet. Consumers should also reason that these unrecorded visits are tries.
Make sure to be mindful of your lemon law rights. Upon purchase, immediately review your owner's book and warranty references thoroughly, and the info concerning lemon law rights that you should get when you purchase your vehicle. Don't count on your dealer to make clear what problems are covered by warranty. If your dealer states that a problem isn't covered and you think that she is purposely deceiving you, be polite but surefooted. Don't be frighted to bring out the part of the warranty that applies, or to call the manufacturing business for verification applying the contact info included in your owner's book. You should not have to pay for corrections related to lemon law complaints. It's also crucial to notify the manufacturing business of a complaint immediately. If you suspect that your automobile has a problem what cannot be fixed, check into your lemon law rights to see when you are able to file a lemon law complaint.
Lemon Law Tips:
1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.
4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.
6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws
If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.
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