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.