| 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 |
15.84 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 |
46.22 miles |
| (405) 232-7980 |
www.robert-r-robles.com |
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| M. Todd Konsure |
First National Center PO Box 1031 215 E Choctaw Suite 109 McAlester, OK 74502-1031 74502 |
138.48 miles |
| (800) 426-0703 |
www.konsurelawfirm.com |
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| Richardson, Stoops, Richardson & Ward |
6555 S. Lewis, Second Floor Tulsa, OK 74136 74136 |
143.41 miles |
| (918) 492-7674 |
www.rsrwlaw.com |
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| Pittenger & Associates, P.C. |
8595 Meadow Hill Drive Frisco, TX 75034 75034 |
156.26 miles |
| (972) 335-9473 |
www.friscotexaslawyer.com |
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| Lawson & Associates |
2591 Dallas Parkway Suite 407 Frisco, TX 75034-8552 75034 |
156.26 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 |
166.60 miles |
| (972) 931-9901 |
www.gpd.com |
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| ADAMCIK & MATERN, LLP |
405 S. Birmingham St. Wylie, TX 75098 75098 |
173.35 miles |
| (972) 442-5700 |
www.wylieattorney.com |
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| Maris & Lanier, P.C. |
Meadow Park Building Suite 1450 10440 N. Central Expressway Dallas, TX 75231 75231 |
175.36 miles |
| (214) 706-0920 |
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| Scott H. Palmer P.C. |
3232 McKinney Ave. Suite 820 Dallas, TX 75204 75204 |
178.89 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.
Primarily, the Lemon Laws stipulate that if you purchase (and in several states, lease) a brand new or pre-owned car or other car covered by a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the original maker just can't recondition it despite consecutive attempts (within a specified time that fluctuates from state to state), or if the motor vehicle is in the shop for a defined period (generally 30 days) due to its faults, you are qualified to a wide range of dismantles, including:
1. Money damage settlements
2. A restitution of your purchase price
3. A brand new automobile
Moreover, just about all the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee changing element that stipulates that if you win your lawsuit, the manufacturing business or car dealership which sold you the lemon is obligated to pay your laywers' expenses.
Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Even though the verbiage of each state's statute differ, the general state Lemon Law statute extends help for owners with a defective auto sold with a warranty if:
1. The dealer or manufacturing business just can't genuinely fix a specific deficiency in the product after a fair number of repair efforts (ordinarily at least three);
2. The automobile cannot be driven for at least 30 days due to shortcomings in the motor vehicle; or
3. The car dealership or manufacturing business cannot fix a failing that is a crucial safety hazard.
By and large, a bad vehicle is a car with a problem or trouble that often cripples its drivability, marketability, or safety to the consumer and doesn't comply with the warranty. Frequently, the period of time during which the Lemon Laws apply are rather short; the flaws and resultant repair efforts (or out-of-service period) usually must occur during the first 2-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter time periods. Also, almost all states have notice and activation prerequisites, such as asking the consumer to send registered post notice to the manufacturer of the faults and affording the dealer an option to remedy the motor vehicle. In addition, many states expect that Lemon Law lawsuits be adjudicated through an arbitration system.
Generally, state Lemon Law regulation codes also are applicable to leased vehicles and preowned automobiles purchased whilst under the producers original warranty. A lot of state Lemon Laws also apply to cars other than passenger cars. based upon the buyer's home residence, or the state in which the consumer bought the automobile, Lemon Laws may apply to:
-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (such as televisions)
There are a number of significant resolutions possible under the Lemon Laws. U.S. Statesally, if the manufacturer cannot fix the motor vehicle, the consumer may either require the manufacturer to replace the motor vehicle, or insist the manufacturing business to take the motor vehicle and repay the original price paid along with incidental costs, such as all bills, towing charges, repair charges, associated transportation costs and other costs incurred by the consumer as a consequence of the defects in the motor vehicle. Another important remedy possible under most Lemon Laws is legal expenses. In virtually all states, if you win in a Lemon Law lawsuit, you won't have to pay any laywers' expenses-the auto original producer that sold you your lemon is expected to pay court bills.
The defendant motor vehicle original maker can implement several defenses to a Lemon Law claim. The general regulation provides that the original producer is not guilty if it can show clearly that the shortcomings in dispute were caused by malevolence, disregard, or the alteration or tampering of a automobile by persons other than the maker, an agent, or an authorized repair facility. Restated, if the consumer damages his or her own vehicle, or the troubles were a consequence of modifications or alterations executed by an unauthorized dealer, the maker could not be liable.
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 sellers of consumer items to give customers comprehensive info about warranty coverage. In addition, it regulates both the rights of consumers and the responsibilities of warrantors under written warranties.
Even though the Magnuson Moss Act does not call for an automobile maker to supply purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act extends a number of protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for violating the warranty by making breach of warranty noncompliance of federal law, and by allowing for customers to recover legal costs and sensible attorneys' fees.
The Magnuson Moss Act is oftentimes beneficial in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not applicable or moreover unfavorable. For example, contrary to the relatively short cycle offered to customers inside most Lemon Laws, you may file a claim for breach of warranty after the warranty period has passed as long as the troubles happened during the warranty period. Moreover, although some Lemon Laws restrict their coverage benefits to a very specific number of vehicles, the Magnuson Moss Act is relevant to almost all consumer products. The Magnuson Moss Act could also apply if you bought or leased a used vehicle without a manufacturing business warranty, or if the vehicle is covered by a third party 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 prime basis of law governing product warranties, including automobiles and other items. The UCC provides a legal channel for consumers with lemon troubles.
UCC code provides that the consumer of a good is entitled to return goods that do not perform in any feature to the contract. In essence, if your new product doesn't operate as bound by the manufacturer (your written warranty is a portion of your warranty), you may file a claim referencing the UCC in addition to whatever other claims you might have.
The time for returning a car with the UCC is not unlimited. If you see a defect in your automobile within a fair ownership period, you can refuse the vehicle. Unfortunately, brand new vehicles can be frequently technically complex and you might not understand whether your product conforms to the warranty until after you buy the product and defects start to develop. Basically, if Long after this ownership time you don't return the product, you will be said to have o.K.ed it and may have no claim through the UCC.
The duration of the inspection period is not specified in the statute. State courts determine how long the reasonable inspection period is based on the consumer's proficiency and past experience, the consumer's difficulty in revealing the deficiency, and the consumer's chance to discover the defect.
In spite of this restriction, the UCC stipulates that in certain instances where a buyer is deemed to have accepted goods (i.e. the reasonable inspection time period has expired), a buyer can still revoke his favorable reception of those product where the non-conformity considerably impares the marketability of the product to him. Those examples include examples where it was difficult to observe the nonconformity or the buyer was told that the non-conformity would be repaired. Re-stated, the court will pardon the buyer from not rejecting the product where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively fails and you have to keep bringing it back to the dealership for repair under the warranty, the motor vehicle lemon law may be your next course. The gremlin should be substantive in which it impedes your driving the automobile or your safety. A automobile stalling often is a substantive gremlin. This is exactly the type of condition that could stymie your driving and your safety. Under the car lemon law you are not required to establish why the motor vehicle is stalling, you just have to establish that it is stalling. In essence you need to check the lemon law in these 3 examples: the motor vehicle keeps breaking inside the warranty time period, the motor vehicle is a safety hazard, the dealer is unable to repair the motor vehicle when it is guaranteed.
If you own a vehicle which is a lemon you can directly write to the maker and ask for a replacement vehicle. If this requirement is not acceptable to the maker, you could enter into an arbitration program. A few manufacturers incorporate their own arbitration process. Other manufacturers use external arbitration program such as Autoline by the BBB. The assessment of the arbitrators is binding on the maker but not on the consumer. If unsatisfied with the assessment, the consumer can take the maker to court.
Virtually all ordinances specify that the owner ought to be restored back to the financial position they were in prior to purchasing the car, less the amount of money that the owner benefited from by using the car. To get the restitution sum various elements 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 vehicles may qualify under normal lemon laws. For example, a pre-owned motor 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 pre-owned car lemon law will be more generous with the age and amount of mileage. Still, the car must be sold by a dealership that extends a warranty. Private party sales are not governed, nor are automobiles sold under a certain original price paid. There may be additional restrictions to a used car lemon law such as the proposes for which the car is pre-owned or the categorisation of car. Older vehicles, are usually excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period of time than new car laws. They usually range from 30 to 90 days, based on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the fee system. Many lemon law lawyers take a generally small retainer to manage a lemon law claim, and thenceforth, the lawyer's bills are charged to the original maker. Therefore, lemon law claims are typically very affordable to purchasers. The reimbursement of lawyer expenses differs from state to state. About half of the states provide for you to recuperate your Lawyer fees if you win. The lawyer's fee is based on actual time expended instead of being tied to any other percentage of the recuperation. In many States, you must pay the manufacturing business* attorney's bills if you lose.
Consumers ought to register their complaints in writing and hold a copy. In every written correspondence, always make clear how difficult it is to return the automobile to the car dealership for work and that the dependability that the owner believed He was receiving has been non-existent. Any written correspondence with a car dealership or original maker must be sent using certified mail service. In most claims the manufacturers claim that they haven't had the requisite number of tries to fix the problem. They assume on the fact that the owner does not have repair receipts for each time they have taken the motor vehicle into the dealership. They also depend on the possibility that the repair receipts have seperate things fixed every period demonstrating that they have not fixed the same condition. Consumers ought to reply by asking that sellers always send them a warranty repair ticket. Consumers must also debate that these unwritten visits are tries.
Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately page through your owner's folder and warranty info entirely, along with the facts concerning lemon law rights which you ought to receive when you acquire your motor vehicle. Don't bet on your dealer to show you which problems are covered by warranty. If your dealer states that a condition isn't covered and you believe that he or she is purposely deceiving you, be composed but self-assertive. Don't be afraid to produce the part of the warranty that is relevant, or to call the manufacturer for substantiation using the contact data included in your owner's folder. You shouldn't be obligated pay for repairs pertained to lemon law complaints. It's also necessary to advise the manufacturer of a complaint right away. If you are suspicious that your car has a problem what cannot be repaired, look into 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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