| 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.
| Park, Nelson, Caywood, Jones |
122 North Fourth Street P.O. Box 968 Chickasha, OK 73023 73023 |
84.26 miles |
| (405) 224-0386 |
www.pncj.com |
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| The Law Offices of Robert R. Robles |
428 NW 5th St. Suite A Oklahoma City, OK 73102 73102 |
117.66 miles |
| (405) 232-7980 |
www.robert-r-robles.com |
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| Pittenger & Associates, P.C. |
8595 Meadow Hill Drive Frisco, TX 75034 75034 |
176.54 miles |
| (972) 335-9473 |
www.friscotexaslawyer.com |
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| Lawson & Associates |
2591 Dallas Parkway Suite 407 Frisco, TX 75034-8552 75034 |
176.54 miles |
| (214) 618-6111 |
www.lawsonlawoffice.com |
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| Geary, Porter & Donovan, P.C. |
16475 Dallas Parkway Suite 500 Dallas, TX 75001 75001 |
183.43 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 |
191.90 miles |
| (214) 706-0920 |
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| Scott H. Palmer P.C. |
3232 McKinney Ave. Suite 820 Dallas, TX 75204 75204 |
193.57 miles |
| (214) 987-4100 |
www.scottpalmerlaw.com |
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| W. Pruitt Ashworth |
500 N. Akard Suite 3000 Dallas, TX 75201 75201 |
193.82 miles |
| (214) 855-5188 |
www.pruittashworth.com |
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| Bailey Crowe & Kugler,L.L.P |
Suite 4600 901 Main street Dallas, TX 75202 75202 |
193.93 miles |
| (214) 231-0555 |
www.bcklaw.com |
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| Goins, Underkofler, Crawford & Langdon, L.L.P. |
Suite 4800 1201 Elm Street Dallas, TX 75270 75270 |
194.04 miles |
| (214) 969-5454 |
www.gucl.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.
In simple terms, the Lemon Laws provide that if you purchase (and in many states, lease) a brand new or pre-owned car or other car with a warranty that is extremely unreliable, and the manufacturer just can't fix it despite recurrent tries (in a set time limit that differs from state to state), or if the automobile is in the shop for a designated period (often 30 days) due to its faults, you are entitled to a wide range of damage settlements, inclusive of:
1. Money damages
2. A return of the cost
3. A new car
Also, almost all the Lemon Laws (and the Federal Warranty Law) feature a fee shifting mechanism that provides that if you win your case, the original equipment manufacturer or dealership which sold you the lemon is obligated to compensate you for attorneys' fees.
Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the attributes of each state's statute differ, the general state Lemon Law statute provides assistance for owners with a impared vehicle covered by a warranty if:
1. The dealership or original equipment manufacturer can't reliably repair a specific problem in the automobile after a sensible number of repair efforts (usually at least 3);
2. The vehicle can't be used for at least 30 days due to flaws in the vehicle; or
3. The dealer or original equipment manufacturer just can't remedy a problem that is a crucial safety risk.
Most of the time, a defective motor vehicle is a motor vehicle with a condition or affliction that substantially degrades its drivability, marketability, or safety to the consumer and doesn't conform to the warranty. In most instances, the time period in which the Lemon Laws apply are rather short; the troubles and resulting repair efforts (or out-of-service time) often must occur during the first two-years or 24,000 miles that you own the automobile. However, a number of states have even shorter time periods. Furthermore, almost all states have notification and activation prerequisites, such as expecting the consumer to send out registered post notice to the manufacturing business of the flaws and giving the car dealership an opportunity to fix the automobile. In addition, several states require that Lemon Law claims be settled through an arbitration process.
Generally, state Lemon Law ordinances also are applicable to leased cars and used vehicles purchased while under the manufacturer's basic warranty. A number of state Lemon Laws also apply to cars other than passenger automobiles. based upon the purchaser's home state, or the state where the consumer purchased the car, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Boats
-Other consumer items (like televisions)
There are a number of powerful remedies available under the Lemon Laws. Statesten times, if the manufacturing business can't fix the vehicle, the consumer can either demand the manufacturing business to replace the motor vehicle, or make the manufacturing business to take back the vehicle and return the purchase price plus accompanying damages, such as all expenses, towing charges, repair charges, associated transportation costs and other damages incurred by the consumer as a result of the problems in the vehicle. Another important remedy possible under most Lemon Laws is attorneys' fees. In virtually all states, if you win in a Lemon Law case, you won't have to pay any litigation expenses-the automobile manufacturer that sold you your lemon is required to pay attorney's expenses.
The defendant car original producer can assert many defenses to a Lemon Law claim. The average regulation extends that the manufacturer is not liable if it can show clearly that the troubles in question came about because of exploitation, neglect, or the alteration or modification of a auto by a party other than the original equipment manufacturer, its agent, or an authorized repair facility. In other words, if the consumer damages his or her own car, or the troubles were the fault of modifications or alterations performed by an unauthorized person, the original equipment manufacturer may not be responsible.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer goods to give customers detailed facts about warranty coverage benefits. Also, it sets both the rights of customers and the responsibilities of warrantors under written warranties.
Although the Magnuson Moss Act doesn't require an car manufacturing business to furnish purchasers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides some protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for breaking the warranty by making breach of warranty an infraction of federal law, and by permitting customers to recuperate litigation costs and fair attorneys' fees.
The Magnuson Moss Act is frequently effective in a lemon suit in which, for some reason, a state Lemon Law claim is not available or moreover unfavorable. For example, unlike the generally short time period provided to customers with virtually all Lemon Laws, you could file a claim for breach of warranty after the warranty period has passed if the troubles happened during the warranty period. Additionally, although a few Lemon Laws limit their coverage to a very specific group of motor vehicles, the Magnuson Moss Act applies to almost all consumer products. The Magnuson Moss Act could also apply if you bought or leased a preowned car without a manufacturer's warranty, or if the car is covered by a service contract or other type of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the main source of law regulating consumer warranties, including automobiles and other items. The UCC provides another legal course for customers with lemon troubles.
UCC code provides that the consumer of a product is entitled to return products which break in any aspect to the warranty. So, if your brand new car does not work as guaranteed by the manufacturer (your written warranty is a portion of your consumer agreement), you may have a claim citing the UCC in addition to any other claims you might have.
The period for taking back a vehicle with the UCC is not limitless. If you detect a fault in your vehicle within a fair ownership time period, you may refuse the automobile. Unfortunately, new automobiles are typically mechanically complicated and you might not understand whether your product conforms to the consumer warranty till after you buy the product and problems begin to come up. Essentially, if Long after this ownership time period you fail to reject the product, you will be alleged to have accepted it and might have no claim through the UCC.
The length of the review time period is not specified in the regulation. The Courts decide how long the fair inspection period is based on the buyer's knowledge and experience, the buyer's difficulty in noticing the gremlin, and the buyer's opportunity to expose the failing.
In spite of this restriction, the UCC stipulates that in certain instances where a consumer is pronounced to have approved of products (i.e. the fair inspection time has passed), a consumer can still abrogate his approval of those product where the non-conformity largely impares the economic value of the product to him. Those instances include lawsuits where it is laborious to find the nonconformity or the consumer was promised that the non-conformity would be repaired. In other words, the court will relieve the consumer from not having rejected the product where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively breaks and you have to keep taking it back to the car dealership for repair under the warranty, the car lemon law may be your next refuge. The deficiency must be substantive in which it hampers your driving the vehicle or your safety. A vehicle stalling perpetually would be a substantive deficiency. This is precisely the type of condition that may hamper your driving and your safety. Under the auto lemon law you are not obliged to establish why the automobile is stalling, you simply have to show clearly that it is stalling. Put simply you need to check the lemon law in these 3 instances: the automobile keeps breaking down within the warranty period, the automobile is a safety hazard, the car dealership is incapable to rebuild the automobile when it is guaranteed.
If you have a car which is a lemon you can immediately write to the original producer and ask for another equivalent car. If this request is not acceptable to the original producer, you can start into an arbitration arrangement. A few makers incorporate their own arbitration process. Other makers use third party arbitration program including Autoline by the BBB. The opinion of the arbitrators is binding on the original producer but not on the buyer. If unsatisfied with the opinion, the buyer can take the original producer to court.
Virtually all laws stipulate that the customer should be returned back to the financial situation they were in prior to purchasing the motor vehicle, less the measure that the customer profited from by using the motor vehicle. To get the restitution sum many components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned automobiles will qualify under regular lemon laws. For example, a pre-owned automobile may fall under normal lemon laws if it is less than a year old and has got less than 12,000 miles on the odometer. States which do have a used car lemon law might be more accommodative with the age and measure of mileage. Still, the car must be sold by a car dealership that supplies a written warranty. Private sales aren't governed, neither are vehicles sold under a declared purchase price. There could be additional restrictions to a used car lemon law such as the proposes for which the motor vehicle is pre-owned or the classification of motor vehicle. Classic motor vehicles, are usually excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter period than brand new car ordinances. They often range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the fee program. Many lemon law attorneys take a rather small retainer to address a lemon law claim, and subsequently, the attorney's fees are charged to the original maker. Fundamentally, lemon law claims are generally very inexpensive to public consumers. The reimbursement of lawyer expenses varies from state to state. About one-half of the states provide for you to recover your Attorney expenses if you win. The attorney's fee is based upon actual time used rather than being attached to any other percentage of the recovery. In some States, you must pay the manufacturing business* attorney's invoices if you lose.
Consumers should record their concerns in writing and retain a copy. In every written communication, always make clear how problematic it is to return the car to the dealership for work and that the reliableness that the buyer believed He was acquiring has been non-existent. Any written communication with a car dealership or original maker must be sent using certified postal service. In virtually all lawsuits the makers claim that they haven't had the required number of attempts to repair the condition. They count on the reality that the buyer doesn't file repair receipts for each occurance they have driven the vehicle into the shop. They also bet on the possibility that the repair receipts have different parts repaired each period demonstrating that they haven't fixed the same condition. Consumers ought to respond by asking that sellers always send them a warranty repair order. Consumers must also debate that these unwritten trips are attempts.
Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately scan your owner's binder and warranty principles entirely, along with the information with respect to lemon law rights that you should get when you buy your vehicle. Don't rely on your dealership to describe what defects are covered by warranty. If your dealer states that a condition is not covered and you believe that he or she is decieving you, be genteel but surefooted. Don't be scared to bring out the section of the warranty that is relevant, or to call the original producer for confirmation applying the contact data included inside your owner's binder. You shouldn't have to pay for corrections related to to lemon law complaints. It's also important to advise the original producer of a complaint right away. If you are suspicious that your car has a defect that just can't be fixed, check out your lemon law rights to see when you are able to submit 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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