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 state that if you buy (and in some states, lease) a brand new or pre-owned vehicle or other car under warranty that does not work consistently, and the original producer can't restore it even with consecutive efforts (in a set time limit that varies from state to state), or if the item is not usable for a limited period of time (usually 30 days) due to its faults, you are qualified to a wide range of damage settlements, including:

1. Monetary damages
2. A repayment of the original money paid
3. A new vehicle
In addition, nearly all the Lemon Laws (as well as the Federal Warranty Law) have a fee shifting component which states that if you win your suit, the original maker or car dealership that sold you the lemon is obliged to repay attorneys' expenses.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the wording of each state's statute are distinct, the common state Lemon Law statute affords cure for consumers with a dilapidated car sold with a warranty if:

1. The dealership or original maker just can not completely remedy a particular flaw in the automobile after a sensible number of repair efforts (ordinarily at least 3);
2. The automobile cannot be driven for at least 30 days due to troubles in the car; or
3. The car dealership or original maker just can not correct a flaw that is a crucial safety hazard.

In general, a bad car is a car with a defect or condition that often cripples its usability, marketability, or safety to the consumer and doesn't conform to the warranty. Often times, the period in which the Lemon Laws are applicable are relatively short; the flaws and resulting repair efforts (or out-of-service time period) typically must happen during the first 2-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter time periods. Also, virtually all states have notice and activation requirements, such as requiring the consumer to send out registered mail notice to the original producer of the troubles and giving the car dealership a chance to correct the motor vehicle. Additionally, some states expect that Lemon Law claims be solved through an arbitration procedure.

Generally, state Lemon Law ordinances also apply to leased automobiles and preowned automobiles bought whilst under the producers basic warranty. A good number of state Lemon Laws also apply to vehicles other than passenger cars. based on the purchaser's home state, or the state in which the consumer purchased the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (like televisions)
There are many effective remedies available under the Lemon Laws. U.S. Statesten times, if the original equipment manufacturer cannot correct the car, the consumer can either demand the original equipment manufacturer to replace the automobile, or insist the original equipment manufacturer to take back the automobile and payback the original price paid together with accompanying damages, like all bills, towing fees, repair charges, related travel costs and other damages incurred by the consumer as a result of the faults in the automobile. Another important remedy possible under most Lemon Laws is legal fees. In virtually all states, if you prevail in a Lemon Law lawsuit, you will not have to pay any laywers' bills-the motor vehicle original maker that sold you your lemon is obligated to pay court expenses.

The defendant motor vehicle original producer can implement several defenses to a Lemon Law claim. The typical statute provides that the maker is not liable if it can prove that the troubles in question happened due to exploitation, disregard, or the modification or tampering of a motor vehicle by a party other than the manufacturing business, its agent, or an authorized repair facility. Restated, if the consumer maltreats his or her own vehicle, or the shortcomings were caused by tampering or adjustments carried out by an unauthorized person, the manufacturing business may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer products to provide consumers comprehensive data about warranty coverage benefits. In addition, it sets both the rights of consumers and the responsibilities of warrantors under written warranties.

Even though the Magnuson Moss Act doesn't demand an vehicle manufacturer to provide customers with a warranty, if a warranty is provided, the Magnuson Moss Act extends numerous protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by allowing customers to recoup litigation charges and sensible attorneys' expenses.

The Magnuson Moss Act is frequently applicable in a lemon case where, for some reason, a state Lemon Law claim is unavailable or moreover unfit. For instance, unlike the relatively short cycle provided to purchasers with virtually all Lemon Laws, you may file a claim for breach of warranty after the warranty period has passed if the troubles occured during the warranty period. Also, although a few Lemon Laws restrict their coverage benefits to a narrow group of motor vehicles, the Magnuson Moss Act is relevant to almost all consumer items. The Magnuson Moss Act could also be applicable if you purchased or leased a preowned vehicle without a manufacturing business warranty, or if the 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 enacted in every U.S. state. It is the foundational agent of law regulating contracts dealing with the sale of products, including automobiles and other items. The UCC affords a legal channel for consumers with lemon problems.

UCC code says that the purchaser of a good is entitled to return products that fail in any way to the consumer warranty. Therefore, if your recently purchased vehicle doesn't work as endorsed by the maker (your manufacturer warranty is part of your consumer warranty), you can have a claim referencing the UCC in addition to whatever other claims you might have.

The time for rejecting a vehicle with the UCC is not unlimited. If you come across a fault in your car within a reasonable inspection time period, you may return the vehicle. Unfortunately, new automobiles are oftentimes technically enigmatic and you might not know if your car conforms to the agreement until long after you purchase the automobile and problems start to arise. Essentially, if Long after this inspection period you do not take back the automobile, you will be alleged to have approved of it and may have no claim through the UCC.

The duration of the review period is not delineated in the regulation. State courts decide how long the sensible review period is based on the consumer's familiarity and experience, the consumer's difficulty in finding the flaw, and the consumer's opportunity to come upon the failing.

In spite of this restriction, the UCC provides that in certain examples where a consumer is deemed to have accepted goods (i.e. the sensible review period has elapsed), a consumer may still repeal his approval of those products where the non-conformity often impairs the marketability of the products to him. Those instances include suits in which it is hard to detect the nonconformity or the consumer was ensured that the non-conformity would be remedied. In different words, the local court will exempt the consumer from not refusing the products where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively breaks down and you have to keep bringing it back to the dealership for repair under the written warranty, the automobile lemon law may be your next course of action. The failing should be substantive in which it interferes with your driving the car or your safety. A car stalling constantly is a substantive failing. This is exactly the type of condition that can stymie your driving and your safety. Under the automobile lemon law you are not obliged to indicate why the motor vehicle is stalling, you simply have to show clearly that it is stalling. Basically you need to check over the lemon law in these 3 situations: the motor vehicle keeps breaking within the warranty time period, the motor vehicle is a safety hazard, the car dealership is incapable to repair the motor vehicle when it is guaranteed.

If you have a motor vehicle which is a lemon you can immediately write to the maker and ask for another equivalent motor vehicle. If this request is not satisfactory to the maker, you may start into an arbitration arrangement. A few makers incorporate their own arbitration process. Other makers utilise outside arbitration program including Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the recommendation, the owner can take the maker to court.

Virtually all ordinances stipulate that the consumer ought to be returned back to the financial situation they were in prior to purchasing the motor vehicle, less the amount of money that the consumer gained from by using the motor vehicle. To get the restitution sum a number of components 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 basic lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than a year old and has got fewer than 12,000 miles on the odometer. States that do have a used motor vehicle lemon law will be more cooperative with the age and amount of mileage. Still, the car has to be sold by a car dealership that supplies a written warranty. Personal sales are not regulated, nor are motor vehicles sold under a stated original price paid. There could be additional restrictions to a used car lemon law such as the functions in which the motor vehicle is driven or the classification of motor vehicle. Older cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period of time than new car ordinances. They frequently range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the fee system. Many lemon law lawyers require a relatively modest retainer to address a lemon law claim, and thenceforth, the attorney's invoices are billed to the manufacturing business. Thus, lemon law claims are generally very affordable to purchasers. The reimbursement of lawyer expenses differs from state to state. About half of the states let you to recoup your Lawyer expenses if you win. The attorney's fee is based on actual time logged instead of being tied to any share of the recuperation. In many States, you must pay the manufacturer's attorney's fees if you lose.

Consumers ought to place their charges in writing and save a copy. In any written correspondence, always make clear how burdensome it is to bring the vehicle to the dealer for repairs and that the reliableness that the customer believed He or she was getting has been non-existent. Any written correspondence with a dealer or manufacturing business must be sent using certified post. In almost all claims the makers claim that they have not had the required number of endeavors to remedy the condition. They rely on the reality that the customer doesn't keep repair sheets for each occurance they have brought the car into the authorized dealership. They also assume on the possibility that the repair sheets have different items fixed each period proving that they have not fixed the same condition. Consumers should respond by demanding that sellers always hand them a warranty repair order. Consumers must also argue that these undocumented trips are efforts.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately scan your owner's binder and warranty info entirely, and the reference pertaining lemon law rights that you should obtain when you acquire your vehicle. Don't count on your dealership to outline which troubles are covered by warranty. If your dealership states that a condition isn't covered and you believe that she is decieving you, be civilized but assertive. Don't be scared to go over the section of the warranty that is relevant, or to call the original equipment manufacturer for substantiation applying the contact references included with your owner's binder. You should not be obligated pay for corrections linked to lemon law complaints. It's also necessary to notify the original equipment manufacturer of a complaint immediately. If you think that your car has a condition what can't 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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