Lemon Law Basics: Oklahoma Lemon Laws
Summary of Oklahoma lemon law
What vehicles are covered under Oklahoma lemon law?
Oklahoma lemon law covers all vehicles with a manufacturer's warranty
which are registered for use in the state of Oklahoma, except for those
with a gross vehicle weight of 10,000 pounds or more, and except for the
living areas of mobile homes. Used vehicles are included, but leased vehicles
are not.
What protections do I have under Oklahoma lemon law?
Oklahoma lemon law stipulates that if a consumer notifies a manufacturer
of a serious defect that causes their vehicle to fail to conform to its
warranty within the earlier of the warranty period or the first year of
possession, the manufacturer must repair the nonconformity. In order to
be considered serious, the defect must have a negative impact on the vehicle's
use, value, or safety. The manufacturer is not liable for nonconformities
caused by neglect or abuse by the consumer.
If the manufacturer has had a reasonable chance to repair the vehicle
but the nonconformities still exist, the vehicle must be repurchased or
replaced.
What must occur before seeking settlement under the Oklahoma lemon
law?
According to Oklahoma lemon law, the manufacturer is presumed to have
had a reasonable chance to repair the vehicle after four unsuccessful
attempts to repair the same nonconformity, or 45 calendar days in which
the vehicle is out of commission for repairs. The presumption only applies
if the manufacturer has received written notice of the defect.
Filing a claim under Oklahoma lemon law
To be eligible for a vehicle replacement or repurchase under Oklahoma
lemon law, the consumer must first attempt to reach a resolution through
an informal settlement board.
What are the settlement details under Oklahoma lemon law?
If a vehicle is repurchased under Oklahoma lemon law, the manufacturer
must pay an amount which includes the full purchase price and all tax,
tags, and registration fees levied by the government, minus a reasonable
offset for use of the vehicle. The offset is calculated by the total amount
of value loss that can be attributed to the consumer's use of the vehicle.
If a vehicle is replaced under Oklahoma lemon law, the replacement vehicle
must be new, and no usage offset applies.
|
