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 simple terms, the Lemon Laws stipulate that if you purchase (and in various states, lease) a new or used vehicle or other car with a manufacturer's warranty that is repeatedly faulty, and the original equipment manufacturer just can not restore it even with persistent tries (within a designated time limit that varies from state to state), or if the car is out of service for a limited period (generally 30 days) because of its problems, you are entitled to a broad number of damage settlements, including:

1. Monetary restitution
2. A return of the original money paid
3. A brand new automobile
Furthermore, almost all of the Lemon Laws (as well as the Federal Warranty Law) have a fee transferring component which states that if you win your lawsuit, the manufacturer or car dealership that sold you your lemon is expected to compensate you for court invoices.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the attributes of each state's statute vary, the general state Lemon Law statute affords aid to a consumer with a faulty vehicle sold with a warranty if:

1. The dealership or original maker can't correctly fix a particular failing in the automobile after a sensible number of repair tries (typically at least 3);
2. The vehicle can't be used for at least 30 days due to faults in the vehicle; or
3. The dealer or original maker can't fix a defect that is a significant safety hazard.

Most of the time, a bad car is a car with a problem or trouble that often degrades its usability, value, or safety to the consumer and does not comply with the written warranty. Typically, the time period in which the Lemon Laws apply are rather short; the problems and ensuing repair efforts (or out-of-service period) often will take place during the first two-years or 24,000 miles that you own the vehicle. However, a number of states have even shorter time periods. Additionally, most states have notification and trigger requirements, such as wanting the consumer to send off registered mail notice to the original producer of the troubles and establishing the car dealership a chance to remedy the vehicle. In addition, many states expect that Lemon Law claims be settled through an arbitration system.

Generally, state Lemon Law ordinances also apply to leased vehicles and preowned vehicles purchased while under the makers basic warranty. A good number of state Lemon Laws also apply to vehicles other than passenger vehicles. depending upon the buyer's home state, or the state where the consumer purchased the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (like electronics)
There are many powerful remedies available under the Lemon Laws. Statesently, if the original producer just can not repair the car, the consumer can either expect the original producer to replace the automobile, or insist the original producer to take back the vehicle and payback the original price paid together with accompanying damages, like all fees, towing costs, repair charges, alternative transportation costs and other costs incurred by the consumer as a consequence of the shortcomings in the vehicle. Another important remedy possible under most Lemon Laws is laywers' fees. In virtually all states, if you win in a Lemon Law suit, you do not have to pay any legal expenses-the motor vehicle original producer that sold you your lemon is required to pay your litigation bills.

The defendant motor vehicle original maker can utilize many defenses to a Lemon Law claim. The common regulation extends that the manufacturing business is not liable if it can establish that the defects at issue came about because of malevolence, disregard, or the tampering or modification of a car by persons other than the original maker, its agent, or an authorized dealership. Put differently, if the consumer breaks his or her own motor vehicle, or the troubles were a consequence of modifications or changes executed by a third party, the original maker 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. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer items to provide customers explanatory facts about warranty coverage benefits. In addition, it determines both the rights of public consumers and the obligations of warrantors under manufacturer warranties.

Although the Magnuson Moss Act does not require an motor vehicle manufacturing business to supply buyers with a warranty, if a warranty is provided, the Magnuson Moss Act extends some protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for not honoring the warranty by making breach of warranty noncompliance of federal law, and by allowing customers to recoup legal costs and fair laywers' charges.

The Magnuson Moss Act is often effective in a lemon suit in which, for some reason, a state Lemon Law claim is not possible or otherwise disadvantageous. For example, divaricate from the relatively short time period provided to customers within most Lemon Laws, you could record a claim for breach of warranty after the warranty period has passed as long as the troubles occurred during the warranty time period. Additionally, although a few Lemon Laws limit their coverage benefits to a narrow offering of motor vehicles, the Magnuson Moss Act is relevant to just about all consumer items. The Magnuson Moss Act might also apply if you bought or leased a used car without a manufacturer's warranty, or if the car is covered by a third party agreement or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the foundational agent of law governing product warranties, including motor vehicles and other items. The UCC affords an alternative legal channel for customers with lemon troubles.

UCC code states that the consumer of a good is entitled to return merchandise that do not perform in any feature to the contract. Therefore, if your recently purchased product doesn't function as established by the original equipment manufacturer (your written warranty is part of your warranty), you may have a claim citing the UCC in addition to any other claims you might have.

The time for returning a motor vehicle with the UCC is not limitless. If you discover a gremlin in your car inside a fair inspection time period, you can return the vehicle. Unfortunately, new motor vehicles are often technically complicated and you might not understand whether your product conforms to the agreement till after you buy the product and defects begin to come up. Essentially, if Long after this inspection period you do not take back the product, you will be pronounced to have accepted it and might have no claim through the UCC.

The length of the inspection time period is not specified in the regulation. The Courts decide how long the sensible review period is based on the purchaser's knowledge and past experience, the purchaser's difficulty in identifying the deficiency, and the purchaser's opportunity to come across the defect.

In spite of this restriction, the UCC says that in certain cases where a purchaser is pronounced to have approved of goods (i.e. the sensible review time has passed), a purchaser can still revoke his acceptation of those product where the non-conformity frequently cripples the value of the product to him. Those cases include circumstances where it was hard to detect the nonconformity or the purchaser was ensured that the non-conformity would be fixed. Put differently, the local court will excuse the purchaser from not refusing the product where the purchaser could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively breaks down and you have to keep taking it back to the dealership for repair under the warranty, the motor vehicle lemon law can be your next course of action. The problem should be substantive where it prohibits your driving the motor vehicle or your safety. A motor vehicle stalling frequently is a substantive problem. This is precisely the type of condition that may hamper your driving and your safety. Under the automobile lemon law you are not expected to show why the automobile is stalling, you simply have to show that it is stalling. Essentially you need to check up on the lemon law in these three cases: the automobile keeps breaking down within the warranty period, the automobile is a safety risk, the dealer is unable to fix the automobile when it is warranted.

If you have a vehicle which is a lemon you can immediately write to the maker and ask for another equivalent vehicle. If this request is not satisfactory to the maker, you could start into an arbitration program. A few makers use their own arbitration process. Other makers have outside arbitration program such as Autoline by the BBB. The opinion 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 laws stipulate that the customer ought to be restored back to the fiscal position they were in prior to purchasing the vehicle, less the measure that the customer gained from by using the vehicle. To get the refund 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 used motor vehicles might qualify under regular lemon laws. For example, a pre-owned automobile might 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 used automobile lemon law might be more generous with the age and measure of mileage. Still, the car must be sold by a car dealership that provides a warranty. Individual sales are not regulated, neither are motor vehicles sold under a specific original price paid. There may be additional restrictions to a used car lemon law such as the purposes for which the vehicle is driven or the categorization of vehicle. Vintage automobiles, are commonly excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period than brand new car laws. They oftentimes range from 30 to 90 days, depending on your used automobile's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the pricing structure. Many lemon law attorneys call for a generally humble retainer to cover a lemon law claim, and thenceforth, the attorney's fees are billed to the original maker. Thus, lemon law claims are normally very inexpensive to customers. The reimbursement of lawyer expenses varies from state to state. About half of the states let you to recoup your Lawyer bills if you win. The attorney's fee is based upon actual time used rather than being attached to any other share of the recovery. In a select few States, you must pay the manufacturing business* attorney's bills if you lose.

Consumers ought to place their complaints in writing and save a copy. In any written communication, always describe how burdensome it is to bring the vehicle to the car dealership for work and that the reliableness that the buyer thought He was acquiring has been non-existent. Any written communication with a car dealership or original maker must be sent using certified post. In virtually all situations the makers claim that they haven't had the necessary number of endeavors to remedy the condition. They bet on the reality that the buyer does not retain repair receipts for each instance they have taken the motor vehicle into the authorized repair facility. They also count on the possibility that the repair receipts have seperate items fixed every instance demonstrating that they haven't repaired the same condition. Consumers should respond by requiring that dealerships always hand them a warranty repair order. Consumers should also debate that these unwritten visits are attempts.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately review your owner's binder and warranty references thoroughly, as well as the reference concerning lemon law rights which you should get when you acquire your motor vehicle. Don't count on your dealer to explain what troubles are covered by warranty. If your dealer states that a condition is not covered and you think that she is purposely deceiving you, be civilized but assertive. Don't be scared to go over the segment of the warranty that is relevant, or to call the original maker for substantiation applying the contact info included inside your owner's binder. You should not be obliged pay for corrections related to to lemon law complaints. It's also crucial to advise the original maker of a complaint right away. If you think that your car has a defect what can't be fixed, look into 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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