Oklahoma Lemon Law
Owning a vehicle that’s defective can seem like the end of the world. Thankfully, Oklahoma has consumer protection laws – like the state’s lemon law – that can help you get a refund or replacement vehicle. Here’s a summary of the law:
New cars: Yes
Used cars: No
Business vehicles: Yes
Leased vehicles: No
Lemon law period: 1 year
What is a Lemon Car Under Oklahoma Law?
Oklahoma lemon law covers new passenger vehicles, SUVs, vans, trucks and motorcycles under 10,000 pounds that are purchased in Oklahoma. It also covers the motorized portions of RVs (but not the living areas). In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use and value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date or the expiration of the warranty (whichever period ends first)
- Has been taken in four times for the same problem or has been out of service for a cumulative total of 30 business days during the warranty period or within one year of delivery (whichever period ends first)
- The manufacturer has been notified in writing of the defect within one year from the delivery date or the expiration of the warranty (whichever period ends first), and has had a final opportunity to repair the vehicle
- You have participated in the manufacturer’s informal arbitration program, if it complies with federal law
Oklahoma Statutes, Title 15, Section 901 is the state’s lemon law.
Getting Lemon Justice: Oklahoma Lemon Law Relief
Oklahoma lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- License fees
- Registration fees
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle. The reduction is calculated by taking the number of miles over 15,000 it has been drive, and dividing that number by 120,000. The resulting fraction is multiplied by the purchase price. The product of that equation is the use deduction.
Pursuing an OK Lemon Law Claim
Under Oklahoma lemon law, within one year after the delivery date of the vehicle or the expiration of the warranty (whichever comes first), you must notify the manufacturer in writing of the problem and give them a final opportunity to repair it. Send your letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
You must also participate in the manufacturer’s informal dispute resolution process (if it complies with federal law) before you are eligible to file a lemon law claim in court.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have an Oklahoma lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.