Lemon Law in Oklahoma
The laws in regards to lemon laws in the state of Oklahoma are rather short in comparison to other states’ lemon laws. Oklahoma lemon laws cover motor vehicles that are less than ten thousand pounds but exclude motor homes that are used as living spaces.
In order to qualify as a lemon a motor vehicle must have had a minimum of four attempted repairs for the same kind of defect. A vehicle may also qualify as a lemon if it is out of commission for forty-five days or more while still under the express warranty or within the first year after purchase.
Eligibility
Some vehicles are eligible for repairs via the dealer after the express warranty has expired but only under certain conditions. To be eligible an owner must report the defect or nonconformity to the dealer or manufacturer prior to the warranty’s expiration. Under this law the dealer is required to conform the motor vehicle to its proper condition as otherwise under express warranty.
If the dealer or manufacturer is unable to repair the motor vehicle to its original conformity after a reasonable number attempts, the dealer or manufacturer is required to replace or refund the motor vehicle in full. This lack of repair also includes returning the motor vehicle to its full value of purchase.
If the motor vehicle is to be replaced the manufacturer or deal is also required to refund all licenses, taxes, registration fees, and government fees, though interest is excluded.
Repair Attempts
A reasonable number of repair attempts include repairs for the same defect, not two or three different defects. When the motor vehicle is out of use for forty-five days or more an individual may also qualify for a lemon. These forty-five days do not need to be in a row and can extend throughout the express warranty time period. If a motor vehicle is out of use for forty-five days prior to having four attempted repairs, the vehicle can qualify. This is true vise versa where a vehicle may be repaired four times without being out of use for forty-five days.
Oklahoma law states that the lemon law act may not have its citizens’ right limited or have remedy under any other type of law. A manufacturer may also establish a dispute settlement procedure in a formal manner that is in accordance with Title sixteen of the Code of Federal Regulation, part seven hundred three. This part states that any consumer who has yet to comply with procedure, if filed, shall not receive replacement or refund under subsection C.
Filing
In order to file for a lemon, under Oklahoma law, a consumer must present the detailed repair reports to the dealer or manufacturer. The receipts and paperwork will be evidence towards repair attempts. If no paperwork can be produced, even if a motor vehicle has problematic defeats, it may not qualify for the lemon law.
Defects are required to be safety oriented. If a defect does not impede the safety of the driver, passengers, or other drivers, it may not qualify for a lemon, regardless of repair attempts.