Oklahoma Lemon Law Attorneys:
Alex Simanovsky & Associates, LLC Ryan Cunningham, Esq.
Free Lemon Law Help, Serving all of Oklahoma Toll Free: 866-86-lemon 866-865-3666
Standards Of The Oklahoma Lemon Law
Vehicles Covered
Consumers Covered
The lemon law covers the following “consumers”:
- The purchaser, other than for purposes of resale, of a motor vehicle;
- Any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle; and
- Any other person entitled by the terms of the warranty to enforce its obligations. The lemon law appears not to cover a lessee.
Vehicle Converters
The lemon law does not apply to vehicle converters.
Vehicle Problems Covered
The 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:
- 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
- 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 Final Repair Attempt
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.
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:
- The full purchase price; and
- All taxes, license, registration fees and all similar governmental fees, but excluding interest;
- 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.