A Guide To Oklahoma Lemon Law
Table of Contents
What Is Lemon Law?
Different states have different laws in place to protect customers against defective products, and one such law is the Oklahoma lemon law. Although “lemon” may refer to anything, in common use it is used to describe defective vehicles. Each of the 50 states and the District of Columbia has its own lemon law, with its own restrictions and coverages.
A “lemon” car is one that has a problem that the manufacturer should have fixed, but they haven’t. The time period varies from state to state. So that the customer isn’t left holding the bill for a car they can’t drive. The maker, not the dealership, must either purchase the vehicle back or give a replacement.
What Eligibility Criteria For Lemon Law Claims?
Lemon law helps protect people who buy cars that turn out to have serious problems. To qualify for a claim, the car usually needs to have a defect that can’t be fixed after several repair attempts, be under warranty, and the issue must affect the safety, value, or use of the car. Let’s learn more about it.
The vehicle Must Have A Substantial Defect
For Oklahoma Lemon Law claims, the car must have a big problem, called a “substantial defect.” This means the issue makes the car unsafe, hard to use, or lowers its value a lot. The problem must happen while the car is under warranty and not be something caused by normal wear or accidents.
Defect Must Affect Safety Or Use
Under Oklahoma Lemon Law, the car’s defect must make it unsafe to drive or hard to use. For example, when brakes fail or the engine stops working properly, it could be a serious problem that qualifies. The defect must happen while the car is still under warranty and needs to be something the manufacturer couldn’t fix after trying several times. This rule helps make sure the car is safe and works the way it must.
Repair Attempts Required Before Claim
Before filing a Lemon Law claim in Oklahoma, the car must be repaired several times for the same problem. Usually, the manufacturer gets up to four tries to fix the defect. When the issue still isn’t solved, or the car is in the shop for too many days, you can qualify for a claim. This rule gives the manufacturer a fair chance to fix the car while protecting the owner if the problem isn’t resolved.
Time And Mileage Limitations
In Oklahoma, Lemon Law claims must be made within a certain time or mileage. This means the car’s problem has to happen during the warranty period, usually within the first year or 12,000 miles of driving. When the car is too old or has too many miles, it won’t qualify. These limits ensure that only newer cars with serious issues are covered under the law, giving owners a chance to get help for problems early on.
Proof Of Manufacturer Or Dealer Fault
To make a Lemon Law claim in Oklahoma, you must show that the car’s problem is the manufacturer’s or dealer’s fault. This means the defect must be something that happened during production or because of a mistake they made. You also need to prove the problem wasn’t caused by accidents, misuse, or lack of care. Keeping records of repairs and communications with the dealer can help show that they had chances to fix it but didn’t succeed.
Serious Safety-Related Issues
For Oklahoma Lemon Law claims, the car must have a serious problem that affects safety. This means the issue could put you or others in danger, like faulty brakes or steering that doesn’t work properly. The problem must happen while the car is under warranty and not be caused by accidents or improper use. When the manufacturer or dealer can’t fix the safety problem after trying, you can be eligible for help under the law.
How Does The Lemon Law Apply To My Problem?
All of the following must occur during the first year of ownership for a newly registered car in Oklahoma to be designated a “lemon.”
- The problem has a material and adverse effect on your vehicle’s usage, value, or safety and is thus covered by your warranty.
- Four or more service visits were required if the problem could not be fixed in thirty days.
- Your lack of proper care, improper usage, or illegal tampering did not lead to the malfunction.
- All of your car’s issues stem from the same malfunction.
Only brand-new vehicles purchased in Oklahoma and registered there are protected by the state’s lemon laws. This also applies to brand-new vehicles bought outside of the state and brought in within a year after purchase. There’s an exception for vehicles above 10,000 pounds and the residential portion of motor homes. If your automobile is deemed to be a “lemon,” you may get your money back less any applicable interest and a “reasonable allowance for use,” or you can get a new car.
What Happens To Vehicles Returned In Accordance With Lemon Law Procedures?
In Oklahoma, returned vehicles cannot be sold again unless:
- The maker extends the same guarantee it did to the first buyer, but it only has to be valid for 12,000 miles or twelve months from the date of resale, whatever comes first or
- A documented explanation of the reason(s) the car was acquired again by the manufacturer is given to the customer by the maker, through the authorized dealer, on a separate sheet of paper.
However, no returned automobiles that were returned in accordance with the Oklahoma lemon law or a comparable statute in another state due to a defect resulting in a total failure of the brake or steering systems that is likely to result in death or severe bodily damage if the vehicle is driven will be resold.
Retitled cars that were previously owned and registered in Oklahoma must be done by the manufacturer. Additionally, the manufacturer must ask the Oklahoma Tax Commission to stamp the new certificate of ownership with a “Lemon Law Buyback” mark. This must be completed before the sale, lease, transfer, or export of the vehicle to another state for selling, lease, or transfer.
How To Seek Your Rights Under Oklahoma’s Lemon Law?
If you need to use your Oklahoma lemon law rights, be careful to keep thorough records of any repairs, which should be made at the maker or dealership or by one of their authorized repair facilities.
Abide By The Rules Of The Law
When filing a lemon law claim, be cautious to do all the required procedures since omitting any might significantly damage your case. However, keep in mind that just following all the regulations does not ensure that you will succeed in your case. The argument put out by manufacturers is that “reasonable efforts” to rectify the issue were not made.
Arbitration
Arbitration must be concluded before a lawsuit or court trial. If you’re not satisfied with the outcome you can sue. Manufacturers must follow the arbitrator’s ruling. Oklahoma law requires producers, but not consumers, to obey arbitration findings. If you don’t like the arbitration’s outcome, you can challenge it.
Oklahoma is one of the majority of states that demand arbitration before bringing a lawsuit. Arbitration is often advised even in places that do not mandate it since it is less expensive (it is free) and quicker than court proceedings.
Request Legal Advice
Hire a lawyer, preferably one who focuses on lemon laws, if your maker does not offer a replacement or refund for your car. You must have legal counsel who is familiar with the complexities of the legal system since the makers will have this on their side.
How Do Oklahoma Lemon Law Lawyers Defend My Rights?
The reality is that the average person lacks a solid education in all areas of law. Lemon Law lawyers interact with people to ensure that the system is used correctly. Lawyers are available to guide you through each legal idea and have in-depth knowledge of Oklahoma Lemon Law.
Lemon Law experts will guide you through the process and are knowledgeable about all available options when coping with lemons. Since every situation is different, it is crucial to have a partner by your side who understands how to handle the specific situation you are dealing with.
What Are Some Tips For Following The Lemon Law?
Following the Lemon Law in Oklahoma can help you if your car has serious problems that can’t be fixed. Knowing the steps, like keeping repair records, reporting issues quickly, and understanding your rights, makes it easier to get help. These tips can guide you through the process. Let’s discuss them in detail.
Altered Vehicles Exclusion
In Oklahoma, the Lemon Law doesn’t cover cars that have been changed or altered after purchase. For example, when you add special parts or make big changes to the car, the manufacturer might not be responsible for fixing problems. To stay protected, avoid major changes until you’re sure the car works properly.
State-Specific Criteria
Oklahoma’s Lemon Law has its own rules, so it’s important to know the state-specific criteria. For example, the defect must happen within a certain time or mileage limit, and the manufacturer needs several chances to fix it. Understanding these details will help you follow the right steps and protect your rights.
Consistent Issue Description
When reporting a car problem under Oklahoma’s Lemon Law, always describe the issue the same way each time. This helps show it’s a serious, ongoing problem that hasn’t been fixed. Clear and consistent descriptions in repair records make it easier to prove your case if you need to file a claim.
Authorized Repairs And Documentation
To follow Oklahoma’s Lemon Law, always take your car to an authorized repair shop for fixes. Keep all repair records, including receipts and notes about what was done. These documents show the problem was reported and that the manufacturer or dealer had the chance to fix it. This helps support your claim.
Conclusion
When compared to similar legislation in other states, Oklahoma’s is rather brief. All vehicles under 10,000 pounds are protected by Oklahoma’s lemon laws, however, motor homes are not. I hope, by reading this article, you have got a clear understanding of the guide to Oklahoma Lemon Law.
For those seeking information about vehicle lemon laws in neighboring states, see our guide to lemon law in Texas.