| 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 |
47.94 miles |
| (800) 426-0703 |
www.konsurelawfirm.com |
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| Pittenger & Associates, P.C. |
8595 Meadow Hill Drive Frisco, TX 75034 75034 |
88.79 miles |
| (972) 335-9473 |
www.friscotexaslawyer.com |
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| Lawson & Associates |
2591 Dallas Parkway Suite 407 Frisco, TX 75034-8552 75034 |
88.79 miles |
| (214) 618-6111 |
www.lawsonlawoffice.com |
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| ADAMCIK & MATERN, LLP |
405 S. Birmingham St. Wylie, TX 75098 75098 |
93.11 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 |
100.30 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 |
105.46 miles |
| (214) 706-0920 |
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| The Law Offices of Robert R. Robles |
428 NW 5th St. Suite A Oklahoma City, OK 73102 73102 |
109.51 miles |
| (405) 232-7980 |
www.robert-r-robles.com |
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| Scott H. Palmer P.C. |
3232 McKinney Ave. Suite 820 Dallas, TX 75204 75204 |
111.02 miles |
| (214) 987-4100 |
www.scottpalmerlaw.com |
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| Park, Nelson, Caywood, Jones |
122 North Fourth Street P.O. Box 968 Chickasha, OK 73023 73023 |
111.58 miles |
| (405) 224-0386 |
www.pncj.com |
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| W. Pruitt Ashworth |
500 N. Akard Suite 3000 Dallas, TX 75201 75201 |
112.21 miles |
| (214) 855-5188 |
www.pruittashworth.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.
Put simply, the Lemon Laws specify that if you acquire (and in various states, lease) a new or used car or other vehicle under warranty that is faulty, and the manufacturing business just can't recondition it in spite of consecutive attempts (within a designated time limit that fluctuates from state to state), or if the product is not usable for a defined time period (generally 30 days) due to its troubles, you are eligible to a wide number of dismantles, including:
1. Monetary damage settlements
2. A compensation of the original price
3. A brand new car
Additionally, almost all the Lemon Laws (and the Federal Warranty Law) feature a fee transferring mechanism that states that if you win your lawsuit, the original equipment manufacturer or car dealership which sold you the lemon is obliged to pay for legal bills.
Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the protections of each state's statute are distinct, the typical state Lemon Law statute extends relief to a consumer with a impared car purchased with a warranty if:
1. The dealership or original equipment manufacturer can't genuinely fix a specific flaw in the automobile after a fair number of repair tries (typically at least 3);
2. The motor vehicle can't be driven for at least 30 days due to shortcomings in the automobile; or
3. The dealership or original equipment manufacturer cannot repair a fault that is a serious safety hazard.
In general, a bad car is a car with a condition or condition that largely degrades its function, economic value, or safety to the consumer and does not comply with the warranty. In most instances, the time period in which the Lemon Laws are applicable are rather short; the problems and resultant repair attempts (or out-of-service period) typically 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. In addition, most states have notice and initiation prerequisites, such as requiring the consumer to send off registered mail notice to the original equipment manufacturer of the shortcomings and affording the dealership a chance to correct the automobile. Moreover, some states require that Lemon Law suits be adjudicated through an arbitration process.
Generally, state Lemon Law statues also are applicable to leased automobiles and preowned cars bought whilst under the producers written warranty. A number of state Lemon Laws also apply to cars other than passenger automobiles. based upon the consumer's home residence, or the state where the consumer bought the motor vehicle, Lemon Laws may apply to:
-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (like electronics)
There are a number of robust resolutions possible under the Lemon Laws. Typically, if the original maker just can't repair the car, the consumer may either demand the original maker to replace the automobile, or make the original maker to take the automobile and payback the purchase price including incidental costs, including all invoices, towing costs, repair charges, associated transportation costs and other damages incurred by the consumer as a consequence of the problems in the automobile. Another important solution available under most Lemon Laws is litigation expenses. In most states, if you prevail in a Lemon Law case, you won't have to pay any legal fees-the auto original maker that sold you your lemon is forced to pay for your court charges.
The defendant automobile original producer can apply many defenses to a Lemon Law claim. The typical statute provides that the original producer is not liable if it can affirm that the flaws in question came about because of maltreatment, disregard, or the tampering or modification of a automobile by anybody other than the original equipment manufacturer, an agent, or an authorized dealership. In other words, if the consumer breaks his or her own motor vehicle, or the problems were a consequence of tampering or alterations carried out by an unauthorized person, the original equipment manufacturer could not be guilty.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer goods to provide customers detailed info about warranty coverage. Also, it affects both the rights of customers and the obligations of warrantors under written warranties.
Even though the Magnuson Moss Act does not call for an auto manufacturer to supply buyers 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 customers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by allowing customers to recuperate litigation charges and sensible attorneys' expenses.
The Magnuson Moss Act is typically useful in a lemon case in which, for some reason, a state Lemon Law claim is unavailable or furthermore disadvantageous. For instance, unlike the relatively short period of time provided to consumers within most Lemon Laws, you may bring a claim for breach of warranty after the warranty period has passed if the troubles happened during the warranty period. Moreover, although a few Lemon Laws limit their coverage benefits to a small offering of automobiles, the Magnuson Moss Act is relevant to nearly all consumer goods. The Magnuson Moss Act may also be applicable if you bought or leased a preowned motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a service contract or other form of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 U.S. States. It is the main authority of law regulating contracts dealing with the sale of products, including vehicles and other items. The UCC affords an alternative legal avenue for consumers with lemon troubles.
UCC code says that the purchaser of a product is entitled to return products that break in any respect to the consumer warranty. Basically, if your recently purchased vehicle doesn't work as established by the maker (your written warranty is part of your warranty), you may file a claim citing the UCC in addition to whatever other claims you might have.
The time for bringing back a automobile with the UCC is not unlimited. If you notice a failing in your motor vehicle within a reasonable review period, you can refuse the motor vehicle. Unfortunately, brand new cars can be frequently technically complex and you might not know whether your car conforms to the contract until after you acquire the car and problems start to arise. Essentially, if After this review period you fail to take back the car, you will be alleged to have approved of it and might have no claim through the UCC.
The length of the review period is not defined in the statute. Courts determine how long the fair inspection period is based on the consumer's understanding and experience, the consumer's trouble in revealing the gremlin, and the consumer's opportunity to see the flaw.
In spite of this restriction, the UCC stipulates that in certain instances where a purchaser is pronounced to have accepted goods (i.e. the fair inspection time period has elapsed), a purchaser may still revoke his favorable reception of those goods where the non-conformity largely impairs the marketability of the goods to him. Those instances include cases in which it proves toilsome to identify the nonconformity or the purchaser was guaranteed that the non-conformity would be remedied. In other words, the court will excuse the purchaser from not rejecting the goods where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively fails and you have to keep bringing it back to the dealer for repair under the written warranty, the vehicle lemon law may be your next refuge. The fault must be significant in which it intereferes with your driving the car or your safety. A car stalling frequently is a significant fault. This is precisely the type of defect that can diminiah your driving and your safety. Under the vehicle lemon law you are not obliged to demonstrate why the car is stalling, you just have to establish that it is stalling. In essence you need to check out the lemon law in these 3 situations: the car keeps failing inside the warranty time period, the car is a safety hazard, the dealership is incapable to recondition the car when it is warranted.
If you have a motor vehicle which is a lemon you can directly write to the original equipment manufacturer and ask for a replacement motor vehicle. If this demand is not acceptable to the original equipment manufacturer, you may enter into an arbitration arrangement. A few manufacturing business* incorporate their own arbitration process. Other manufacturing business* utilize third party arbitration program such as Autoline by the Better Business Bureau. The proposition of the arbitrators is binding on the original equipment manufacturer but not on the buyer. If unsatisfied with the judgment, the buyer can take the original equipment manufacturer to court.
Virtually all regulations specify that the customer ought to be returned back to the financial situation they were in before they purchased the vehicle, less the sum that the customer benefited from by using the vehicle. To get the repayment total various components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used automobiles might qualify under normal lemon laws. For example, a pre-owned car might fall under regular lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States that do have a pre-owned car lemon law will be extra accommodative with the age and amount of mileage. Still, the car needs to be sold by a dealership that extends a written warranty. Private party sales aren't regulated, nor are motor vehicles sold under a certain price paid. There may be additional restrictions to a used car lemon law such as the proposes for which the vehicle is driven or the categorisation of vehicle. Classic automobiles, are commonly excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period than brand new car regulations. They often range from 30 to 90 days, based on your pre-owned automobile's mileage.
When picking out 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 structure. Many lemon law attorneys require a rather minor retainer to address a lemon law claim, and thenceforth, the attorney's bills are billed to the original equipment manufacturer. Thus, lemon law claims are generally very affordable to consumers. The reimbursement of attorney charges varies from state to state. About half of the states provide for you to recover your Attorney fees if you win. The lawyer's fee is based upon actual time expended instead of being attached to any percentage of the recuperation. In some States, you will pay the manufacturer's lawyer's bills if you lose.
Consumers should put their concerns in writing and hold a copy. In all written communication, always make clear how burdensome it is to take the auto to the dealership for work and that the dependability that the buyer believed He was buying has been non-existent. Any written communication with a dealership or original equipment manufacturer needs to be sent using certified postal service. In many suits the manufacturing business* claim that they have not had the needed number of attempts to remedy the defect. They count on the knowledge that the buyer doesn't file repair sheets for each instance they have taken the motor vehicle into the shop. They also bet on the fact that the repair sheets have different parts repaired each instance demonstrating that they haven't fixed the same condition. Consumers ought to reply by expecting that dealerships always hand them a warranty repair order. Consumers should also argue that these unwritten visits are tries.
Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately scan your owner's booklet and warranty references thoroughly, and the reference with respect to lemon law rights that you ought to obtain when you acquire your motor vehicle. Don't rely on your car dealership to tell you which defects are covered by warranty. If your car dealership states that a condition is not covered and you believe that he or she is purposely deceiving you, be genteel but self-asserting. Don't be frighted to point out the section of the warranty that applies, or to call the original maker for substantiation utilizing the contact info included in your owner's booklet. You shouldn't have to pay for corrections connected to lemon law complaints. It's also important to advise the original maker of a complaint as soon as possible. If you believe that your vehicle has a defect that cannot be repaired, check your lemon law rights to see when you are able to bring 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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