Oklahoma Lemon Law: Do You Qualify?

Oklahoma lemon law at a glance

Coverage window

The express warranty term or one year after original delivery to a consumer, whichever is earlier. The statute states no mileage limit of its own, though the warranty term may end at a mileage. Both are extended while repair services are unavailable because of a war, invasion, strike, fire, flood or other natural disaster.

Repair attempts

The same nonconformity subject to repair four or more times by the manufacturer or its agents or authorized dealers within that period, and it continues to exist, creates a presumption that a reasonable number of attempts has been made.

Days out of service

30 cumulative business days out of service by reason of repair during that period creates the same presumption. The statute does not define "business days".

Written notice

The manufacturer, its agent or its authorized dealer must repair a nonconformity the consumer reports directly in writing during that period. The presumption does not apply against a manufacturer unless it has received prior direct written notification and has had an opportunity to cure the defect alleged; the statute names no form or number of days.

Defenses

It is an affirmative defense that the nonconformity does not substantially impair the use and value of the vehicle, or that it is the result of abuse, neglect or unauthorized modifications or alterations.

Dispute program

If the manufacturer has an informal dispute procedure that complies in all respects with 16 C.F.R. Part 703, the refund and replacement provisions do not apply to a consumer who has not first resorted to it. The statute speaks only of the manufacturer's own procedure and names no state program. No state agency has enforcement authority over the lemon law, according to the Attorney General.

Used vehicles, lessees and filing deadline

The repair duty is stated for a new motor vehicle, and a person to whom the vehicle is transferred during the duration of an express warranty applicable to it is a "consumer". Lessees are not named; the allowance for use is measured on "the purchase or lease price". Section 901 states no deadline to sue; 12A O.S. § 2-725 gives five years from accrual for a contract for sale, and the statute does not say whether it governs.

Returned vehicles

A vehicle returned under the act may be resold in Oklahoma only with the same express warranty for at least 12,000 miles or 12 months, or with a separate written statement of the reason it was reacquired, and never after a complete failure of the braking or steering system. The manufacturer must have the title branded "Lemon Law Buyback".

Oklahoma lemon law: frequently asked questions

How many repair attempts does the Oklahoma lemon law require?

It is presumed that a reasonable number of attempts has been made if the same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers within the express warranty term or one year after original delivery, whichever is earlier, and it continues to exist. The presumption also arises if the vehicle is out of service by reason of repair for a cumulative total of 30 business days in that period. It does not apply against a manufacturer that has not received prior direct written notification and had an opportunity to cure.

Do I have to notify the manufacturer in writing?

The duty to repair arises when you report the nonconformity, directly in writing, to the manufacturer, its agent or its authorized dealer during the warranty term or the first year after original delivery, whichever is earlier. Separately, the presumption does not apply against a manufacturer unless it has received prior direct written notification from or on behalf of the consumer and has had an opportunity to cure the defect alleged. The statute names no form and no number of days.

What can I recover if my vehicle qualifies?

The manufacturer must either accept the vehicle back and refund the full purchase price, including all taxes, license, registration fees and all similar governmental fees but excluding interest, less a reasonable allowance for your use, or replace it with a comparable new model acceptable to you. The allowance is the price multiplied by the miles directly attributable to your use beyond 15,000, divided by 120,000. Refunds are made to you and the lienholder as your interests may appear. A prevailing consumer recovers all costs and reasonable attorney fees as the court determines.

Do I have to use the manufacturer's dispute program first?

Only if the manufacturer has established an informal dispute settlement procedure that complies in all respects with 16 C.F.R. Part 703. In that case the refund and replacement provisions do not apply to a consumer who has not first resorted to it.

Does the Oklahoma lemon law cover used vehicles or lessees?

The repair duty is stated for a new motor vehicle. A person to whom the vehicle is transferred during the duration of an express warranty applicable to it is a "consumer", whatever the seller added. Lessees are not named in the definition, although a consumer includes a person entitled by the warranty to enforce it and the allowance is measured on "the purchase or lease price"; the checker treats a lessee as covered. Other rights and remedies are not limited.

Statutes cited on this page

• 15 O.S. § 901(A)(1) (definition of "consumer": purchaser, a person to whom the vehicle is transferred during the express warranty, and a person entitled to enforce it)
• 15 O.S. § 901(A)(2) (definition of "motor vehicle": registered vehicles, excluding those above 10,000 pounds GVW; recreational vehicles covered at any weight)
• 47 O.S. § 1-152.1 (recreational vehicle: equipped as temporary living quarters and used solely as a family or personal conveyance)
• 47 O.S. § 1125(C) (a nonresident's vehicle that stays more than sixty days must be registered as a resident's is)
• 15 O.S. § 901(B) (duty to repair a new motor vehicle reported in writing within the warranty term or one year, whichever is earlier)
• 15 O.S. § 901(D)(1) (presumption: the same nonconformity subject to repair four or more times)
• 15 O.S. § 901(D)(2) (presumption: out of service for a cumulative thirty business days)
• 15 O.S. § 901(D) (the term, the one-year period and the thirty-day period are extended while repair services are unavailable)
• 15 O.S. § 901(C) (the presumption does not apply without prior direct written notification and an opportunity to cure)
• 15 O.S. § 901(C)(1), (2) (affirmative defenses: no substantial impairment of use and value; abuse, neglect or unauthorized modifications or alterations)
• 15 O.S. § 901(F) (informal dispute procedure complying with 16 C.F.R. Part 703 must be tried first)
• 15 O.S. § 901(C) (refund of the full purchase price less a reasonable allowance for use, or a comparable new model acceptable to the consumer)
• 15 O.S. § 901(C) (the reasonable allowance for use: the price multiplied by the consumer's miles beyond 15,000 over 120,000)
• 15 O.S. § 901(C) (refunds are made to the consumer and the lienholder as their interests may appear)
• 15 O.S. § 901(E) (other rights and remedies under any other law are not limited)
• 15 O.S. § 901(G) (the Attorney General's written statement of a purchaser's rights, given by the dealer at the original purchase of a new vehicle)
• 15 O.S. § 901(H), (I) (resale of a vehicle returned under the act; no resale after a complete brake or steering failure)
• 15 O.S. § 901.1 (a manufacturer that reacquires a vehicle must have the title branded "Lemon Law Buyback")
• 15 O.S. § 901(J) (a prevailing consumer recovers all costs and reasonable attorney fees)
• 12A O.S. § 2-725(1), (2) (five years from accrual for a contract for sale, shortenable to not less than one year; a breach of warranty occurs at tender of delivery)
• Oklahoma Attorney General, Oklahoma's Lemon Law: Your Rights and Responsibilities (no state agency enforces the law)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.