For used autos, Oklahoma does not have a lemon legislation.
Please click here or go to our Practice Area page “Car Dealer Fraud” to learn more about your rights if you acquired a used car and are experiencing difficulties with it.
If you bought a new car, Oklahoma has a lemon legislation that forces the manufacturer to buy it back from you under certain conditions.
You may have an LEMON if you bought a new car and had to take it in for repairs under the manufacturer warranty for a defect(s) during the first year of ownership, but the service department failed to fix your vehicle such that it meets the specific conditions of the guarantee.
If you have a Lemon, Oklahoma law requires the manufacturer to accept the vehicle’s return and refund the full purchase price, including all taxes, license, registration fees, and other governmental fees, excluding interest, less a reasonable allowance for your use of the vehicle, or replace the vehicle with a comparable new model that you accept.
Manufacturers often fail to heed client requests that the car be designated an LEMON, practically daring the buyer to suit since they know how difficult it is to find proven trial attorneys, such as Humphreys Wallace Humphreys P.C., who would defend customers against the auto industry.
Automobile manufacturers are being sued for violating the Oklahoma Lemon Law.
The lemon legislation in Oklahoma applies to any car that must be registered in the state.
The lemon legislation does not apply to cars weighing more than 10,000 pounds gross vehicle weight or to the living quarters of RVs.
If you think you have a lemon, fill out this 30 second form.
The Oklahoma lemon law protects customers who buy or lease automobiles, as well as anybody who receives the vehicle within the warranty term.
The lemon law also applies to any other person who is authorized to enforce the warranty’s provisions.
The lemon law in Oklahoma includes any “nonconformity” with the automobile.
A nonconformity is defined by the legislation as any fault or condition that significantly reduces the consumer’s ability to utilize and appreciate the vehicle.
A nonconformity that does not significantly damage the vehicle’s use or worth is not covered by the legislation.
A fault with the radio, for example, or a little rattling would not be covered.
A defective starter or steering system failure would be covered.
Any nonconformity caused by abuse, neglect, or illegal modifications or adjustments by the customer is not required to be repaired by the manufacturer.
If a customer reports a nonconformity within the written warranty term, or the “eligibility period,” the manufacturer is required to rectify it.
The qualifying term is one year from the date of the vehicle’s initial delivery to the customer, according to the legislation.
Manufacturers must replace or repurchase a nonconforming vehicle if they are unable to fix it after a reasonable number of efforts under Oklahoma’s lemon legislation.
The legislation defines “reasonable number of efforts” as four or more unsuccessful repair attempts for the same problem.
If the nonconformity persists or the vehicle is out of operation for more than 30 days, the manufacturer is required to repurchase or replace the vehicle.
Manufacturers must return the entire purchase price when repurchasing a nonconforming car under Oklahoma’s lemon legislation.
They must also pay all applicable taxes, licensing, registration, and other government requirements.
A fair allowance for usage may be withheld by the manufacturer.
This allowance is based on the number of miles travelled by the customer above 15,000 kilometers.
Manufacturers must replace a nonconforming car with a new model that is acceptable to the purchaser under the lemon law.
If the manufacturer and the customer cannot come to an agreement on a similar car, the company must repurchase the vehicle.
If the manufacturer has developed or participates in a “informal dispute resolution mechanism,” such as arbitration, the customer must first use it before filing a civil lawsuit.
Consumers who do not comply with the Oklahoma lemon law are not entitled for the legislation’s buyback or replacement provisions.
Click here for additional information about arbitration and other commonly asked questions about lemon law.
The manufacturer is bound by the arbitrator’s judgment, but the customer is not.
If a customer is unhappy with the decision, they may file a lawsuit in civil court.
Oklahoma customers may employ lawyers to protect them under the Magnuson-Moss Warranty Act without having to pay any legal costs out of pocket.
If the claimant succeeds against the manufacturer, the Act requires the vehicle manufacturer to pay the claimant’s reasonable lawyers’ costs.
Lemonlawusa.org advises lemon car owners to consult a lemon law counsel.
You can guarantee that automakers have legal counsel on standby to assist them in defending against lemon law claims in both arbitration and court.
Isn’t it reasonable to expect professional legal representation in your corner?
If you win in court or reach an out-of-court settlement with your vehicle’s maker, Ross says you may spend the money as you choose.
If you financed your car and are currently making payments, you must continue to do so throughout the life of your lemon law claim.
Missing these payments might have a detrimental impact on your lemon law claim.
Once your claim is resolved, you may use the monies given to pay off any remaining debt from your prior loan.
Now that you’re debt-free, you may look for a new car — preferably one with fewer, unfixable flaws.
You may use your awarded monies as a down payment on a new car if you’ve already paid off your vehicle or acquired it outright by the time your lemon law claim concludes.
Alternatively, you might use the funds to buy a less costly car entirely.
The problem must be discovered within one year of the vehicle’s original delivery date to the customer or within the length of the express warranty, whichever comes first.
Because most used automobiles are resold long after any of these dates, practically all used autos are not covered by the Oklahoma lemon law.
Our lemon law attorneys can assist you in determining if you have a legitimate claim.
Whether you win in court or reach an out-of-court settlement, the money you earn is yours to do with as you want.
Statutes of limitation, on the other hand, may prohibit you from receiving the compensation you deserve.
Do not hesitate to call Allen Stewart P.C. now.