OK Lemon Law Statutes

Oklahoma Lemon Law Qualifications

The Oklahoma lemon la w covers any motor vehicle required to be registered in the state. The lemon law does not cover vehicles above 10,000 pounds gross vehicle weight and the living facilities of motor homes.

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 to cover a lessee.

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.

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. For vehicles purchased on or after November 1, 2009, the number of days out of services is 30 business days.

The term of an express warranty, the one year period, and the 45 - day or 30 - 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 , fire, flood or other natural disaster.

Oklahoma Arbitration Requirements

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.

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