Oklahoma Lemon Law Firms and the Oklahoma lemon law code.

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 essence, the Lemon Laws stipulate that if you buy (and in some states, lease) a brand new or used vehicle or other vehicle under warranty that is extremely unreliable, and the original equipment manufacturer cannot repair it even with consecutive tries (in a fixed time limit that varies from state to state), or if the product is not drivable for a stipulated time period (generally 30 days) because of its defects, you are eligible to a wide range of damage settlements, inclusive of:

1. Monetary restitution
2. A restitution of the original money paid
3. A new car
Additionally, just about all of the Lemon Laws (as well as the Federal Warranty Law) feature a fee changing mechanism which provides that if you win your case, the original producer or dealership which sold you the lemon is required to repay you for litigation invoices.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the protections of each state's statute differ, the average state Lemon Law statute offers remedy for owners with a impared vehicle sold with a warranty if:

1. The car dealership or original producer can't indisputably repair a particular gremlin in the product after a fair number of repair attempts (ordinarily at least three);
2. The vehicle can't be used for at least 30 days due to problems in the motor vehicle; or
3. The dealer or original producer just can not fix a defect that is a threatening safety hazard.

Usually, a faulty vehicle is a vehicle with a defect or affliction that often impairs its use, economic value, or safety to the consumer and doesn't conform to the written warranty. Typically, the time period in which the Lemon Laws are applicable are relatively short; the troubles and subsequent repair attempts (or out-of-service time period) generally will happen during the first two-years or 24,000 miles in which the purchaser owns the vehicle. However, a number of states have even shorter time periods. Moreover, almost all states have notification and initiation prerequisites, such as expecting the consumer to send out registered post notice to the maker of the defects and giving the car dealership a chance to repair the car. In addition, many states require that Lemon Law suits be settled through an arbitration process.

Generally, state Lemon Law regulations also are applicable to leased vehicles and used automobiles bought while under the makers written warranty. A good number of state Lemon Laws also apply to cars other than passenger cars. depending upon the purchaser's state of residence, or the state where the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (like televisions)
There are a number of significant solutions possible under the Lemon Laws. U.S. Statesently, if the manufacturer just can not fix the automobile, the consumer can either call for the manufacturer to replace the car, or demand the manufacturer to take back the vehicle and return the original price paid together with incidental damages, including all bills, towing charges, repair charges, related transportation costs and other damages incurred by the consumer as a result of the faults in the vehicle. Another important solution possible under most Lemon Laws is attorneys' expenses. In most states, if you prevail in a Lemon Law lawsuit, you won't have to pay any legal fees-the auto original producer that sold you your lemon is obligated to pay all of your litigation expenses.

The defendant motor vehicle original maker can employ assorted defenses to a Lemon Law claim. The common regulation extends that the original producer is not responsible if it can verify that the defects in question happened due to misdeed, negligence, or the alteration or modification of a motor vehicle by somone other than the manufacturer, an agent, or an authorized dealer. In other words, if the consumer dismantles his or her own vehicle, or the defects were the fault of modifications or adjustments carried out by an unauthorized dealer, the manufacturer may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer commodities to provide consumers explanatory data about warranty coverage claims. In addition, it affects both the rights of consumers and the obligations of warrantors under written warranties.

Although the Magnuson Moss Act does not require an car original maker to supply purchasers with a warranty, if a warranty is offered, the Magnuson Moss Act offers a number of protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by allowing for customers to recuperate court costs and fair laywers' expenses.

The Magnuson Moss Act is frequently effective in a lemon lawsuit where, for some reason, a state Lemon Law claim is not applicable or moreover disadvantageous. For example, divaricate from the relatively short period offered to purchasers with virtually all Lemon Laws, you could record a claim for breach of warranty after the warranty period has expired as long as the problems came about during the warranty time period. Furthermore, although some Lemon Laws limit their coverage to a narrow number of motor vehicles, the Magnuson Moss Act applies to just about all consumer goods. The Magnuson Moss Act might also apply if you purchased or leased a expended automobile without a manufacturing business 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 passed in every state. It is the main basis of law governing product warranties, including motor vehicles and other items. The UCC offers an alternative legal course for public consumers with lemon troubles.

UCC code provides that the purchaser of a product is entitled to return goods which do not perform in any aspect to the agreement. Essentially, if your new product does not work as established by the manufacturer (your manufacturer warranty is a portion of your consumer warranty), you can file a claim referencing the UCC in addition to any additional claims you may have.

The time for rejecting a motor vehicle with the UCC is not limitless. If you find a problem in your motor vehicle inside a fair ownership time period, you may refuse the automobile. Unfortunately, new motor vehicles are frequently mechanically complicated and you may not acknowledge if your car conforms to the warranty until after you purchase the car and defects begin to arise. Thus, if Following this ownership time period you don't take back the car, you will be deemed to have o.K.ed it and might have no claim through the UCC.

The duration of the inspection time period is not defined in the statute. State courts decide how long the fair review period is based on the buyer's understanding and past experience, the buyer's difficulty in happening upon the problem, and the buyer's chance to discover the problem.

In spite of this restriction, the UCC states that in certain instances where a consumer is pronounced to have accepted products (i.e. the fair review time has elapsed), a consumer can still repeal his acceptation of those product where the non-conformity often degrades the marketability of the product to him. Those cases include instances in which it was laborious to observe the nonconformity or the consumer was told that the non-conformity would be remedied. In different words, the local court will pardon 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 car excessively breaks and you have to keep bringing it back to the dealer for repair under the written warranty, the auto lemon law may be your next recourse. The failing should be significant where it interferes with your driving the product or your safety. A product stalling frequently is a significant failing. This is exactly the type of defect that may stymie your driving and your safety. Under the motor vehicle lemon law you are not obligated to prove why the automobile is stalling, you merely have to show clearly that it is stalling. Thus you need to go over the lemon law in these three situations: the automobile keeps failing within the warranty period, the automobile is a safety risk, the car dealership is incapable to fix the automobile when it is warranted.

If you own a vehicle which is a lemon you can directly write to the manufacturer and ask for another equivalent vehicle. If this request is not satisfactory to the manufacturer, you may start into an arbitration arrangement. A few makers incorporate their own arbitration process. Other makers utilize third party arbitration program like Autoline by the BBB. The proposal of the arbitrators is binding on the manufacturer but not on the owner. If unsatisfied with the recommendation, the owner can take the manufacturer to court.

Virtually all regulations stipulate that the customer must be returned back to the fiscal position they were in prior to purchasing the automobile, less the amount of money that the customer benefited from by using the automobile. To get the refund amount 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 used automobiles will qualify under regular lemon laws. For example, a pre-owned automobile may fall under normal lemon laws if it is less than 1 year old and has less than 12,000 miles on the odometer. States that do have a used automobile lemon law might be extra accommodative with the age and measure of mileage. Still, the automobile must be sold by a dealership that extends a written warranty. Individual sales aren't governed, nor are vehicles sold under a declared original cost. There might be other restrictions to a used car lemon law such as the purposes in which the automobile is pre-owned or the categorization of automobile. Older automobiles, are normally excluded from used 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 pre-owned vehicle's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the fee program. Many lemon law attorneys get a generally small retainer to manage a lemon law claim, and thereafter, the attorney's fees are sent to the original producer. Therefore, lemon law claims are generally very low-cost to customers. The reimbursement of attorney charges varies from state to state. About half of the states let you to recover your Lawyer fees if you win. The attorney's fee is based upon actual time spent instead of being attached to any other percentage of the recuperation. In many States, you have to pay the manufacturing business* lawyer's bills if you lose.

Consumers should place their charges in writing and retain a copy. In any written correspondence, always make clear how taxing it is to take the motor vehicle to the car dealership for work and that the dependability that the customer thought She was receiving has been non-existent. Any written correspondence with a dealership or original producer should be sent using certified mail service. In many cases the makers claim that they haven't had the essential number of endeavors to correct the condition. They bet on the fact that the customer does not keep repair receipts for each instance they have brought the automobile into the authorized repair facility. They also bet on the possibility that the repair receipts have different things repaired each time proving that they haven't repaired the same defect. Consumers ought to respond by requiring that dealerships always present them a warranty repair sheet. Consumers should also indicate that these undocumented visits are attempts.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately scan your owner's manual and warranty references entirely, and the facts pertaining lemon law rights which you should receive when you choose your vehicle. Don't rely on your dealership to identify what problems are covered by warranty. If your dealer states that a defect isn't covered and you think that he or she is misleading you, be civilized but self-assertive. Don't be scared to produce the section of the warranty that is relevant, or to call the manufacturer for verification utilizing the contact info included within your owner's manual. You shouldn't be obliged pay for work associated to lemon law complaints. It's also important to notify the manufacturer of a complaint as soon as possible. If you think that your motor vehicle has a defect which can't be remedied, check 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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