What Vehicles Are Not Covered?

Tue, 29 May 2007 21:19:00 GMT

The law does not cover vehicles that weigh more than 10,000 pounds and the living facilities of motor homes.

Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, full disclosure is required.

Does The State Have A Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

For How Long And For How Many Miles Does The Lemon Law Provide Protection?

Mon, 04 Jun 2007 21:51:22 GMT

The term of protection is for term of the manufacturer`s express warranty or for the first year of ownership from date of delivery, whichever ends first.

As long as notice of the defect is given within this term of protection, the manufacturer is required to repair the defects even if the repairs are performed after the term of protection.

This term of protection may be extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.

What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

If the manufacturer either fails to make a final attempt to repair the defect, or if the defect still exists after such an attempt, you can try to get a replacement vehicle or a refund using the following options:

Manufacturer`s Arbitration Program:

Arbitration, also known as informal dispute settlement, is an informal process that consumers may use to obtain speedy resolution of a warranty dispute without having to go to court, and it is legally binding on the manufacturer only. At an arbitration hearing, the seller and buyer testify before an arbitrator about the condition of the vehicle.

You can find out if the manufacturer of your vehicle sponsors an arbitration program that is certified in the state of Oklahoma by reading the information accompanying your warranties, by asking your local dealer or zone representative or by contacting the Oklahoma Office of the Attorney General.

If you use an arbitration program, you are not bound by the decision reached through this program, which means that if you are not satisfied with the decision, you may appeal it in court.

Court Action: If you have met the requirements listed above, and if you reject the manufacturer`s dispute resolution program`s decision(s), your other option is going to court.

If you are seeking court action, you should consult with an attorney; you may find referrals for attorneys who specialize in Lemon Law cases by contacting the Oklahoma State Bar Association.

However, the law provides no provision requiring the manufacturer to reimburse your attorney`s fees.

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

If the Lemon Law criteria are met, the law presumes that you are entitled to receive a comparable, new replacement vehicle of the same model with the same features, that is accepable to you, or a refund.

In the case of a refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, based on the number of miles driven from date of delivery. After this deduction, you are entitled to receive the full purchase price, taxes, license and registration fees, and all other similar governmental fees, excluding finance interest.

If any of the following occur, you will not be covered by the Lemon Law:

The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, if you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
No problem exists or the problem does not substantially impair the vehicle`s use, value, or safety.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

You have taken the car in for repairs at least four times for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 45 or more calendar days, while being repaired for any number of defects, and the defect continues to exist. This 45day period may be extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.

Your claim will be made easier if you have documentation (repair orders) proving four repair attempts or 45 days out of service.

After you have exhausted the above possibilities, you must provide—preferably by certified mail, return receipt requested—written notification to the manufacturer of the defect, giving the manufacturer a final opportunity to repair it. In this notice, be sure to include your name, address, daytime phone number and evening phone number; a description of the problem and repair history; as well as the vehicle`s year, make, model, and vehicle ID number (VIN).

Be sure to keep a copy of this letter for your records.

The manufacturer is then required to make one final attempt to repair the defect to your satisfaction.

What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

If your vehicle does not meet the term of protection or other specifics of the Lemon Law, it does not mean that your rights stop there. You still may be still be covered under the Lemon Law as long as you can justify that the number of repair attempts or days out of service that you encountered were unreasonable.

You may also have other rights under other state and federal laws, such as the federal MagnusonMoss Warranty Act, the Uniform Commercial Code (UCC), your service contract or extended warranty, secret warranties, implied warranties, express warranties, unfair and deceptive acts and practices (UDAP), or strict liability and negligence.

Consult an attorney, the Oklahoma Office of the Attorney General or the Center for Auto Safety to determine which remedy would be best for your situation.

What Types Of Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

The Oklahoma Lemon Law covers any defect or series of defects that substantially impair the use and value of the vehicle.

What Types Of Defects Are Not Covered?

Tue, 29 May 2007 21:19:00 GMT

Defects that are the result of your abuse or neglect, or any unauthorized modifications or alterations to the vehicle.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

This law covers new motor vehicles that are registered under Oklahoma`s Motor Vehicle License and Registration Act, including cars, trucks, motorcycles, and the chassis portions of motor homes.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Any motor driven vehicle required to be registered, excluding vehicles above 10,000 pounds GVW and the living facilities of motor homes.

4 repair attempts or 45 days out of service.

Warranty period or 1 year.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Whom Do I Contact For Help Or If I Have Questions About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Oklahoma Office of the Attorney General
4545 North Lincoln Boulevard, Suite 260
Oklahoma City, OK 731053498
4055212029

Oklahoma State Bar Association
P.O. Box 53036
Oklahoma City, OK 73152
To find the lawyer referral service in your county, call 4055242365.

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW
Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Thu, 26 Nov 2009 04:11:25 GMT

Free Lemon Law Attorney FAQs