| 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.
| The Law Offices of Robert R. Robles |
428 NW 5th St. Suite A Oklahoma City, OK 73102 73102 |
89.99 miles |
| (405) 232-7980 |
www.robert-r-robles.com |
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| Law Offices of James P. Ruane |
205 E. Central Wichita, KS 67202 67202 |
104.13 miles |
| (316) 269-2284 |
www.wichita-business-attorney.com |
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| Park, Nelson, Caywood, Jones |
122 North Fourth Street P.O. Box 968 Chickasha, OK 73023 73023 |
105.07 miles |
| (405) 224-0386 |
www.pncj.com |
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| Rebein Bangerter PA |
810 W Frontview St. P.O. Box 1147 Dodge City, KS 67801-2231 67801 |
120.82 miles |
| (620) 227-8126 |
www.rebeinbangerter.com |
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| Richardson, Stoops, Richardson & Ward |
6555 S. Lewis, Second Floor Tulsa, OK 74136 74136 |
145.94 miles |
| (918) 492-7674 |
www.rsrwlaw.com |
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| M. Todd Konsure |
First National Center PO Box 1031 215 E Choctaw Suite 109 McAlester, OK 74502-1031 74502 |
187.76 miles |
| (800) 426-0703 |
www.konsurelawfirm.com |
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| Weltmer Law Office |
220 N Commercial Mankato, KS 66956-0303 66956 |
227.19 miles |
| (785) 378-3172 |
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| Hal W. Davis Law Firm |
6618 Hwy 271 S Fort Smith, AR 72908 72908 |
243.35 miles |
| (479) 646-6292 |
www.haldavislawfirm.com |
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| Pittenger & Associates, P.C. |
8595 Meadow Hill Drive Frisco, TX 75034 75034 |
249.85 miles |
| (972) 335-9473 |
www.friscotexaslawyer.com |
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| Lawson & Associates |
2591 Dallas Parkway Suite 407 Frisco, TX 75034-8552 75034 |
249.85 miles |
| (214) 618-6111 |
www.lawsonlawoffice.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.
Essentially, the Lemon Laws specify that if you purchase (and in various states, lease) a new or used car or other vehicle covered by a manufacturer's warranty that repeatedly breaks down, and the manufacturer just can't restore it in spite of duplicated tries (within a designated time limit that fluctuates from state to state), or if the motor vehicle is not usable for a specified time period (usually 30 days) because of its troubles, you are qualified to a wide number of damages, including:
1. Monetary restitution
2. A compensation of the original money paid
3. A new automobile
Also, nearly all of the Lemon Laws (as well as the Federal Warranty Law) feature a fee transferring element that states that if you win your suit, the original equipment manufacturer or car dealership which sold you the lemon is obligated to pay your court expenses.
Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the protections of each state's statute are distinct, the general state Lemon Law statute affords cure to a consumer with a unsound car covered by a warranty if:
1. The car dealership or original equipment manufacturer just can't genuinely correct a specific gremlin in the motor vehicle after a fair number of repair attempts (typically at least 3);
2. The automobile can't be used for at least 30 days due to shortcomings in the motor vehicle; or
3. The dealer or original equipment manufacturer just can't fix a defect that is a severe safety risk.
More often than not, a faulty motor vehicle is a motor vehicle with a problem or condition that largely impairs its drivability, value, or safety to the consumer and doesn't maintain the standard of the warranty. In most instances, the period of time in which the Lemon Laws are applicable are relatively short; the flaws and subsequent repair efforts (or out-of-service period of time) often will take place during the first 2-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter periods. Furthermore, many states have notice and activation requirements, such as expecting the consumer to send off registered post notice to the maker of the problems and giving the car dealership a chance to remedy the automobile. In addition, several states expect that Lemon Law lawsuits be solved through an arbitration proceeding.
Generally, state Lemon Law regulations also are applicable to leased vehicles and used vehicles bought while under the manufacturer's original warranty. A lot of state Lemon Laws also are applicable to cars other than passenger automobiles. based upon the buyer's state of residence, or the state where the consumer purchased the automobile, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (such as computers)
There are a number of powerful resolutions available under the Lemon Laws. Frequently, if the maker just can't fix the vehicle, the consumer can either demand the maker to replace the motor vehicle, or obligate the maker to take the motor vehicle and repay the price paid together with incidental damages, like all invoices, towing charges, repair costs, associated transportation charges and other costs incurred by the consumer as a result of the flaws in the motor vehicle. Another important resolution available under most Lemon Laws is attorneys' expenses. In many states, if you prevail in a Lemon Law suit, you will not have to pay any litigation fees-the automobile manufacturing business that sold you your lemon is obligated to pay attorneys' fees.
The defendant motor vehicle manufacturer can use several defenses to a Lemon Law claim. The common statute extends that the original producer is not guilty if it can establish that the defects in question came about because of misdeed, disregard, or the modification or tampering of a car by persons other than the manufacturing business, an agent, or its authorized dealer. In other words, if the consumer abuses his or her own car, or the problems were the fault of changing or alterations performed by an unauthorized person, the manufacturing business might not be guilty.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer goods to provide consumers with comprehensive info about warranty coverage benefits. Also, it affects both the rights of consumers and the responsibilities of warrantors under manufacturer warranties.
Even though the Magnuson Moss Act does not call for an vehicle manufacturer to furnish consumers with a warranty, if a warranty is furnished, the Magnuson Moss Act provides various protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for breaking the warranty by making breach of warranty an infraction of federal law, and by allowing public consumers to recover litigation costs and reasonable laywers' charges.
The Magnuson Moss Act is typically effective in a lemon case in which, for some reason, a state Lemon Law claim is not possible or furthermore disadvantageous. For instance, contrary to the generally short cycle provided to purchasers within virtually all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired if the defects came about during the warranty time period. Additionally, although a few Lemon Laws limit their coverage to a small number of cars, the Magnuson Moss Act applies to almost all consumer items. The Magnuson Moss Act might also apply if you bought or leased a preowned motor vehicle without a manufacturer's warranty, or if the vehicle is covered by a service agreement or other variety of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all 50 US States. It is the principal agent of law governing consumer warranties, including automobiles and other items. The UCC offers an alternative legal route for customers with lemon problems.
UCC code stipulates that the consumer of a good is entitled to return goods which break in any regard to the agreement. Basically, if your brand new item doesn't work as endorsed by the original producer (your manufacturer warranty is part of your consumer agreement), you may have a claim citing the UCC in addition to whatever additional claims you may have.
The time period for returning a car with the UCC is not limitless. If you observe a fault in your car inside a sensible inspection period, you may refuse the motor vehicle. Unfortunately, new automobiles are oftentimes mechanically complicated and you may not notice whether your automobile conforms to the warranty till after you acquire the automobile and defects begin to develop. Thus, if After this inspection time you fail to take back the automobile, you will be deemed to have approved of it and will have no claim through the UCC.
The length of the review time period is not delineated in the statute. State courts decide how long the sensible inspection period is based on the consumer's knowledge and personal experience, the consumer's difficulty in revealing the fault, and the consumer's chance to identify the deficiency.
In spite of this restriction, the UCC says that in certain cases where a buyer is stated to have approved of goods (i.e. the sensible inspection time has passed), a buyer can still recant his acceptance of those goods where the non-conformity often degrades the marketability of the goods to him. Those instances include suits in which it proves challenging to find the nonconformity or the buyer was told that the non-conformity would be fixed. Put differently, the local court will pardon the buyer from not refusing the goods where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively breaks and you have to keep taking it back to the dealership for repair under the written warranty, the automobile lemon law might be your next refuge. The gremlin must be significant where it impedes your driving the product or your safety. A product stalling for no reason would be a significant gremlin. This is precisely the type of problem that may hinder your driving and your safety. Under the vehicle lemon law you are not obliged to prove why the auto is stalling, you only have to show that it is stalling. Essentially you need to check the lemon law in these three instances: the auto keeps breaking down inside the warranty time period, the auto is a safety risk, the dealer is unable to correct the auto when it is guaranteed.
If you own a car which is a lemon you can immediately write to the original maker and ask for another equivalent car. If this demand is not acceptable to the original maker, you can start into an arbitration arrangement. A few manufacturers incorporate their own arbitration program. Other manufacturers employ third party arbitration program including Autoline by the BBB. The opinion of the arbitrators is binding on the original maker but not on the buyer. If unsatisfied with the recommendation, the buyer can take the original maker to court.
Virtually all ordinances state that the purchaser needs to be restored back to the fiscal position they were in prior to purchasing the motor vehicle, less the sum that the purchaser gained from by using the motor vehicle. To get the repayment total several components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used motor vehicles might qualify under normal lemon laws. For example, a pre-owned auto might fall under normal lemon laws if it is less than 1 year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law may be extra accommodative with the age and amount of mileage. Still, the car has to be sold by a car dealership that extends a warranty. Individual sales aren't involved, neither are motor vehicles sold under a specific purchase price. There may be other restrictions to a used car lemon law such as the functions for which the motor vehicle is used or the categorization of motor vehicle. Older vehicles, are commonly excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period of time than brand new car regulations. They usually range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the pricing system. Many lemon law attorneys need a relatively minor retainer to manage a lemon law claim, and afterward, the attorney's invoices are sent to the manufacturer. Essentially, lemon law claims are typically very low-cost to customers. The reimbursement of attorney invoices varies from state to state. About half of the states allow you to recover your Attorney expenses if you win. The lawyer's fee is based upon actual time logged rather than being tied to any other share of the recuperation. In some States, you must pay the manufacturing business* attorney's charges if you lose.
Consumers ought to put their complaints in writing and retain a copy. In every written communication, always explain how burdensome it is to take the vehicle to the car dealership for work and that the dependability that the buyer thought She was acquiring has been non-existent. Any written communication with a car dealership or manufacturer ought to be sent using certified mail. In almost all lawsuits the manufacturers claim that they have not had the required number of efforts to correct the condition. They depend on the reality that the buyer doesn't have repair sheets for each instance they have taken the automobile into the repair facility. They also depend on the possibility that the repair sheets have seperate parts repaired every occurance showing that they have not fixed the same problem. Consumers ought to reply by expecting that authorized dealerships always grant them a warranty repair sheet. Consumers should also argue that these undocumented trips are tries.
Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately review your owner's booklet and warranty references entirely, along with the facts pertaining lemon law rights which you should get when you acquire your motor vehicle. Don't bet on your dealer to explain what troubles are covered by warranty. If your dealer states that a problem isn't covered and you believe that he is decieving you, be calm but self-assertive. Don't be afraid to point out the part of the warranty that applies, or to call the original maker for confirmation utilizing the contact references included within your owner's booklet. You should not have to pay for work associated to lemon law complaints. It's also important to notify the original maker of a complaint as soon as possible. If you think that your vehicle has a defect that cannot be fixed, go over 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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