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STANDARDS OF THE OKLAHOMA LEMON LAW

The following is an brief explanation of most relevant provisions of the Oklahoma lemon law. The complete text of the lemon law can be found at Oklahoma Stat. Ann. Title 15, § 901.

VEHICLES COVERED BY THE OKLAHOMA LEMON LAW

The Oklahoma lemon law covers any motor vehicle required to be registered in the state. The lemon law covers used vehicles but does not cover vehicles above 10,000 pounds gross vehicle weight and the living facilities of motor homes.

CONSUMERS COVERED BY THE OKLAHOMA LEMON LAW

The Oklahoma lemon law covers the following —consumers“:

  1. The purchaser, other than for purposes of resale, of a motor vehicle;

  2. Any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle; and

  3. Any other person entitled by the terms of the warranty to enforce its obligations. The lemon law appears not to cover a lessee.

PROBLEMS COVERED BY THE OKLAHOMA LEMON LAW

The Oklahoma lemon law covers any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer. This is referred to as a nonconformity.

The lemon law provides manufacturers with an affirmative defense if it can be shown that the alleged nonconformity does not substantially impair the use and value, or the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle.

MANUFACTURER‘S DUTY TO REPAIR

If a motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity directly and in writing to the manufacturer, its agent or authorized dealer during the term of the express warranties or a period of one year following the date of the motor vehicle‘s original delivery to a consumer, whichever is earlier, then the manufacturer, its agent or authorized dealer must make the necessary repairs to conform the vehicle to the express warranties.

The necessary repairs must be made even after the expiration of the term of the express warranties or the one year period.

MANUFACTURER‘S DUTY TO REPURCHASE OR REPLACE A VEHICLE

If the manufacturer, its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of repair attempts, the manufacturer must either replace or repurchase the motor vehicle.

REASONABLE NUMBER OF REPAIR ATTEMPTS

The Oklahoma lemon law establishes a presumption that a reasonable number of repair attempts has been undertaken to conform a motor vehicle to the applicable express warranties if, within the express warranty term or during the period of one year following the date of the motor vehicle‘s original delivery to a consumer, whichever is earlier, either of the following occurs:

  1. The same nonconformity has been subject to repair four or more times by the manufacturer, its agents or authorized dealers, but the nonconformity continues to exist; or

  2. The motor vehicle is out of service by reason of repair for a cumulative total of 45 or more calendar days.

The term of an express warranty, the one year period, and the 45 day period are 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.

NOTICE AND OPPORTUNITY TO REPAIR

The presumption that a reasonable number of repair attempts has been undertaken does not 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.

DISPUTE RESOLUTION

If the manufacturer has established or participates in an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, then the provisions requiring refund or replacement do not apply unless the consumer has first resorted to the informal dispute settlement procedure.

TIME PERIOD FOR FILING CLAIMS

Not specified. Assuming that the UCC statute of limitations applies, a claim must be filed with BBB AUTO LINE within four years from the date the alleged defect is discovered.

This information is not intended as legal advice. Please direct specific questions to your legal counsel.

 

REMEDIES UNDER THE OKLAHOMA LEMON LAW REPURCHASE

The Oklahoma lemon law sets out the following amounts that a manufacturer must pay when it repurchases a motor vehicle under the lemon law:

  1. The full purchase price; and

  2. All taxes, license, registration fees and all similar governmental fees, but excluding interest;

  3. Less a reasonable allowance for the consumer‘s use of the vehicle.

Refunds must be made to the consumer and lienholder, if any, as their interests may appear.

The reasonable allowance for use is that amount directly attributable to use by the consumer prior to the first written report of the nonconformity to the manufacturer, its agent or authorized dealer, and any subsequent period when the vehicle is not out of service by reason of repair.

REPLACEMENT

When replacing a vehicle under the Oklahoma lemon law, the manufacturer must replace the motor vehicle with a new motor vehicle. The reasonable allowance for use appears not to apply to a replacement.

This information is not intended as legal advice. Please direct specific questions to your legal counsel.

 

OKLAHOMA LEMON LAW SUMMARY

EXECUTIVE SUMMARY
TIME PERIOD FOR FILING CLAIMS Not specified. Assuming UCC statute of limitations applies, claim
must be filed within four years from the date the alleged defect is
discovered.
ELIGIBLE VEHICLE Any motor vehicle required to be registered in the state. Excludes vehicles above 10,000 pounds GVW and living facilities of motor homes.
Covers used vehicles.
ELIGIBLE CONSUMER (1) Purchaser, other than for purposes of resale, of a motor vehicle; (2) any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle; and (3) any other person entitled by the terms of the warranty to enforce its obligations.
Appears not to cover lessees.
TIME PERIOD FOR FIRST Earlier of the term of the express warranties or one year following
OCCURRENCE OR NOTICE original delivery to a consumer.
TIME PERIOD FOR REASONABLE Not specified.
NUMBER OF ATTEMPTS TO
REPAIR
PRESUMPTION Presumption: during earlier of express warranty or one year
OR DEFINITION following original delivery, either (1) four or more repair attempts or (2) out of service for 45 or more calendar days.
NOTICE TO MANUFACTURER For presumption to apply; direct written notice.
FINAL OPPORTUNITY TO REPAIR For presumption to apply.
REASONABLE ALLOWANCE Use by the consumer prior to first written report of nonconformity,
and any subsequent period when the vehicle is not out of service by
reason of repair.
DISPUTE RESOLUTION Before seeking refund or replacement, consumer must resort to
manufacturer‘s program if it complies with 16 C.F.R. Part 703.
DISCLOSURE TO SUBSEQUENT No.
PURCHASER
TITLE BRANDING No.

 

OKLAHOMA LEMON LAW SUMMARY

1. Citation Oklahoma Stat. Ann. Title 15, § 901.
2. Motor vehicle covered Covers any motor vehicle required to be registered in the state. Excludes vehicles above 10,000 pounds gross vehicle weight and the living facilities of motor homes. Covers used vehicles.
3. Consumer covered (1) The purchaser, other than for purposes of resale, of a motor vehicle; (2) Any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle; and (3) Any other person entitled by the terms of the warranty to enforce its obligations. Appears not to cover lessees.
4. Nonconformity defined Not defined. Any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer is referred to as a nonconformity.
5. Warranty defined Not defined.
6. Lemon law rights period Not defined.
7. Manufacturer‘s obligation to repair If a motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity directly and in writing to the manufacturer, its agent or authorized dealer during the term of the express warranties or a period of one year following the date of the motor vehicle‘s original delivery to a consumer, whichever is earlier, then the manufacturer, its agent or authorized dealer must make the necessary repairs to conform the vehicle to the express warranties. The necessary repairs must be made even after the expiration of the term of the express warranties or the one year period.
8. Manufacturer‘s obligation to repurchase or replace If the manufacturer, its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of repair attempts, the manufacturer must either replace or repurchase the motor vehicle.
9. Criteria for reasonable number of repair attempts Presumed if, within the express warranty term or during the period of one year following the date of the motor vehicle‘s original delivery to a consumer, whichever is earlier, either of the following occurs: (1) The same nonconformity has been subject to repair four or more times by the manufacturer, its agents or authorized dealers, but the nonconformity continues to exist; or (2) The motor vehicle is out of service by reason of repair for a cumulative total of 45 or more calendar days.
10. Notice of nonconformity and final opportunity to repair The presumption that a reasonable number of repair attempts has been undertaken does not 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.
11. Affirmative defenses It is an affirmative defense that: (1) The alleged nonconformity does not substantially impair the use and value; or (2) The nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle.
12. Refund Refund consists of: (1) The full purchase price; and (2) All taxes, license, registration fees and all similar governmental fees, but excluding interest; (3) Less a reasonable allowance for the consumer‘s use of the vehicle.
 
13. Replacement Replacement is a new motor vehicle.
14. Reasonable allowance A reasonable allowance for use is that amount directly attributable to use by the consumer prior to the first written report of the nonconformity to the manufacturer, its agent or authorized dealer, and any subsequent period when the vehicle is not out of service by reason of repair.
15. Refund of sales tax Manufacturer refunds sales tax to the consumer. No provision for the manufacturer to obtain a refund of sales tax from the state.
16. Enhanced damages Not specified.
17. Attorney‘s fees No provision allowing the consumer to recover attorney‘s fees.
18. Statute of limitations Not specified. Assuming that the UCC statute of limitations applies, a claim must be filed within four years from the date the alleged defect is discovered.
19. Manufacturersponsored arbitration If the manufacturer has established or participates in an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, then the provisions requiring refund or replacement do not apply unless the consumer has first resorted to the informal dispute settlement procedure.
20. State-sponsored arbitration Not specified.
21. Dealer liability Not specified.
22. Restrictions on resale of returned vehicles Not specified.
23. Point of sale notice of lemon law rights Not specified.
24. Limitation on waiver Not specified.

This information is not intended as legal advice. Please direct specific questions to your legal counsel.



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