| 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 |
42.28 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 |
72.96 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 |
82.77 miles |
| (405) 224-0386 |
www.pncj.com |
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| Richardson, Stoops, Richardson & Ward |
6555 S. Lewis, Second Floor Tulsa, OK 74136 74136 |
91.44 miles |
| (918) 492-7674 |
www.rsrwlaw.com |
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| Lawson & Associates |
2591 Dallas Parkway Suite 407 Frisco, TX 75034-8552 75034 |
116.23 miles |
| (214) 618-6111 |
www.lawsonlawoffice.com |
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| Pittenger & Associates, P.C. |
8595 Meadow Hill Drive Frisco, TX 75034 75034 |
116.23 miles |
| (972) 335-9473 |
www.friscotexaslawyer.com |
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| Hal W. Davis Law Firm |
6618 Hwy 271 S Fort Smith, AR 72908 72908 |
122.89 miles |
| (479) 646-6292 |
www.haldavislawfirm.com |
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| ADAMCIK & MATERN, LLP |
405 S. Birmingham St. Wylie, TX 75098 75098 |
124.81 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 |
128.40 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 |
135.00 miles |
| (214) 706-0920 |
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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.
Primarily, the Lemon Laws specify that if you purchase (and in many states, lease) a brand new or pre-owned vehicle or other car with a warranty that struggles to consistently run after repair attempts, and the original producer just can't recondition it in spite of recurring tries (inside a set time limit that differs from state to state), or if the vehicle is out of service for a fixed time (generally 30 days) because of its flaws, you are entitled to a wide number of breaks, including:
1. Monetary restitution
2. A compensation of the cost
3. A brand new car
Furthermore, virtually all the Lemon Laws (as well as the Federal Warranty Law) feature a fee shifting mechanism which stipulates that if you win your suit, the manufacturing business or car dealership that sold you the lemon is obliged to pay your legal invoices.
Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the wording of each state's statute differ, the conventional state Lemon Law statute affords cure for owners with a broken-down automobile purchased with a warranty if:
1. The dealer or manufacturing business cannot correctly repair a particular failing in the automobile after a reasonable number of repair tries (ordinarily at least 3);
2. The vehicle can't be used for at least 30 days due to defects in the car; or
3. The dealer or manufacturing business just can't remedy a fault that is a critical safety hazard.
Most of the time, a defective motor vehicle is a motor vehicle with a condition or condition that frequently degrades its drivability, economic value, or safety to the consumer and doesn't conform to the written warranty. Typically, the period in which the Lemon Laws apply are relatively short; the defects and subsequent repair efforts (or out-of-service period of time) often will occur during the first 2-years or 24,000 miles that you own the automobile. However, a number of states have even shorter periods. Also, many states have notice and trigger prerequisites, such as expecting the consumer to give registered post notice to the original equipment manufacturer of the flaws and presenting the dealer a chance to remedy the car. Moreover, numerous states expect that Lemon Law lawsuits be resolved through an arbitration proceeding.
Generally, state Lemon Law regulation codes also are applicable to leased automobiles and used vehicles purchased whilst under the manufacturing business* original warranty. A lot of state Lemon Laws also are applicable to automobiles other than passenger vehicles. based on the consumer's home residence, or the state where the consumer bought the car, Lemon Laws may apply to:
-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (like computers)
There are many effective solutions possible under the Lemon Laws. U.S. statesally, if the manufacturing business just can not repair the automobile, the consumer can either expect the manufacturing business to replace the car, or make the manufacturing business to take the car and return the original cost together with incidental costs, such as all expenses, towing charges, repair costs, associated travel charges and other charges incurred by the consumer as a result of the shortcomings in the car. Another important relief available under most Lemon Laws is litigation fees. In many states, if you prevail in a Lemon Law suit, you do not have to pay any attorneys' charges-the motor vehicle manufacturer that sold you your lemon is required to pay legal charges.
The defendant motor vehicle original equipment manufacturer can utilize assorted defenses to a Lemon Law claim. The conventional statute provides that the original producer is not responsible if it can demonstrate that the flaws in question happened due to misdeed, neglect, or the modification or alteration of a auto by a party other than the maker, an agent, or an authorized dealership. Put differently, if the consumer damages his or her own automobile, or the flaws were caused by modifications or adjustments executed by an unauthorized dealer, the maker may not be guilty.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Approved by Congress in 1975, the Magnuson Moss Act requires makers and vendors of consumer goods to provide consumers detailed info about warranty coverage. In addition, it infects both the rights of customers and the responsibilities of warrantors under manufacturer warranties.
Although the Magnuson Moss Act doesn't call for an automobile original equipment manufacturer to supply consumers with a warranty, if a warranty is provided, the Magnuson Moss Act extends numerous protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing for purchasers to recover litigation costs and reasonable attorneys' expenses.
The Magnuson Moss Act is frequently beneficial in a lemon lawsuit where, for some reason, a state Lemon Law claim is not available or otherwise unsuited. For example, unlike the relatively short period provided to purchasers inside many Lemon Laws, you may record a claim for breach of warranty after the warranty period has expired as long as the problems occured during the warranty period. Furthermore, although some Lemon Laws limit their coverage to a small offering of vehicles, the Magnuson Moss Act applies to almost all consumer goods. The Magnuson Moss Act could also apply if you purchased or leased a used automobile without a manufacturer's warranty, or if the automobile is covered by a third party agreement or other form of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all states. It is the prime source of law governing product contracts, including automobiles and other items. The UCC affords a legal route for customers with lemon troubles.
UCC code provides that the purchaser of a good is entitled to return merchandise which do not perform in any way to the consumer warranty. Basically, if your brand new motor vehicle doesn't work as bound by the maker (your manufacturer warranty is a portion of your consumer warranty), you can file a claim citing the UCC in addition to whatever other claims you may have.
The period of time for taking back a vehicle with the UCC is not limitless. If you discover a gremlin in your automobile inside a sensible review period, you can reject the motor vehicle. Unfortunately, brand new vehicles are frequently mechanically complex and you might not know whether your car conforms to the consumer warranty till long after you acquire the car and troubles start to arise. Therefore, if After this review time you do not return the car, you will be stated to have approved of it and might have no claim through the UCC.
The length of the review period is not specified in the regulation. Courts determine how long the reasonable inspection period is based on the purchaser's familiarity and experience, the purchaser's difficulty in revealing the problem, and the purchaser's chance to see the deficiency.
In spite of this limitation, the UCC provides that in certain examples where a buyer is said to have approved of goods (i.e. the reasonable inspection time period has elapsed), a buyer can still revoke his approval of those goods where the non-conformity considerably impares the value of the goods to him. Those examples include circumstances in which it was arduous to notice the nonconformity or the buyer was ensured that the non-conformity would be remedied. In different words, 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 automobile excessively breaks and you have to keep bringing it back to the car dealership for repair under the warranty, the automobile lemon law might be your next course. The deficiency must be substantial in which it impedes your driving the car or your safety. A car stalling frequently is a substantial deficiency. This is precisely the type of condition that could stymie your driving and your safety. Under the auto lemon law you are not required to show why the vehicle is stalling, you simply have to verify that it is stalling. In essence you need to check into the lemon law in these three instances: the vehicle keeps breaking within the warranty time period, the vehicle is a safety risk, the dealer is unable to correct the vehicle when it is guaranteed.
If you own a car which is a lemon you can directly write to the manufacturer and ask for another equivalent car. If this request is not satisfactory to the manufacturer, you may move into an arbitration program. A few makers have their own arbitration program. Other makers utilise third party arbitration program such as Autoline by the BBB. The proposal of the arbitrators is binding on the manufacturer but not on the buyer. If unsatisfied with the proposal, the buyer can take the manufacturer to court.
Virtually all laws specify that the customer ought to be restored back to the financial situation they were in prior to purchasing the vehicle, less the amount of money that the customer profited from by using the vehicle. To get the payback total many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used motor vehicles may qualify under regular lemon laws. For example, a pre-owned vehicle may fall under normal lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States that do have a used vehicle lemon law will be extra generous with the age and measure of mileage. Still, the car needs to be sold by a car dealership that extends a written warranty. Individual sales aren't regulated, neither are motor vehicles sold under a certain purchase price. There might be other restrictions to a used car lemon law such as the proposes in which the vehicle is pre-owned or the categorization of vehicle. Vintage vehicles, are normally excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period of time than brand new car regulations. They frequently range from 30 to 90 days, based on your used vehicle'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 structure. Many lemon law lawyers need a generally small retainer to address a lemon law claim, and thenceforth, the attorney's fees are sent to the manufacturer. In essence, lemon law claims are ordinarily very inexpensive to purchasers. The reimbursement of attorney charges varies from state to state. About one-half of the states let you to recuperate your Lawyer expenses if you win. The attorney's fee is based on actual time expended instead of being connected to any other percent of the recovery. In a select few States, you must pay the manufacturer's lawyer's fees if you lose.
Consumers ought to put their concerns in writing and hold a copy. In all written correspondence, always delineate how burdensome it is to bring the motor vehicle to the dealership for corrections and that the reliability that the buyer believed He was getting has been non-existent. Any written correspondence with a dealer or manufacturer must be sent using certified mail. In most cases the makers claim that they haven't had the essential number of endeavors to repair the defect. They rely on the fact that the buyer doesn't file repair orders for each time they have brought the automobile into the repair facility. They also count on the possibility that the repair orders have seperate items repaired every occurance showing that they haven't repaired the same problem. Consumers should respond by expecting that sellers always give them a warranty repair order. Consumers should also reason that these undocumented visits are attempts.
Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately scan your owner's binder and warranty info completely, as well as the info pertaining lemon law rights which you ought to receive when you purchase your car. Don't bet on your dealer to show you what troubles are covered by warranty. If your dealer states that a problem isn't covered and you believe that he is purposely misleading you, be civilized but self-asserting. Don't be frighted to point out the section of the warranty that is relevant, or to call the manufacturing business for verification applying the contact references included within your owner's binder. You should not be obliged pay for repairs associated to lemon law complaints. It's also crucial to advise the manufacturing business of a complaint promptly. If you are suspicious that your automobile has a problem that cannot be remedied, look 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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