Lemon Law - Oklahoma
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
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.
