Oklahoma
Lemon Law
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§15-901. Motor
vehicles - Repairing under warranty.
A. As used in this act:
1. "Consumer"
means the purchaser, other than
for purposes of resale, of a motor
vehicle, any person to whom such
motor vehicle is transferred during
the duration of an express warranty
applicable to such motor vehicle,
and any other person entitled by
the terms of such warranty to enforce
the obligations of the warranty;
and
2."Motor vehicle" means
any motor-driven vehicle required
to be registered under the Motor
Vehicle License and Registration
Act, Sections 22 et seq. of Title
47 of the Oklahoma Statutes, excluding
vehicles above ten thousand (10,000)
pounds gross vehicle weight and
the living facilities of motor homes.
B. For the purposes of this act,
if a new motor vehicle does not
conform to all applicable express
warranties, and the consumer reports
the nonconformity, directly in writing,
to the manufacturer, its agent or
its authorized dealer during the
term of such express warranties
or during the period of one (1)
year following the date of original
delivery of the motor vehicle to
a consumer, whichever is the earlier
date, the manufacturer, its agent
or its authorized dealer shall make
such repairs as are necessary to
conform the vehicle to such express
warranties, notwithstanding the
fact that such repairs are made
after the expiration of such term
or such one-year period.
C. If the manufacturer,
or its agents or authorized dealers
are unable to conform the motor
vehicle to any applicable express
warranty by repairing or correcting
any defect or condition which substantially
impairs the use and value of the
motor vehicle to the consumer after
a reasonable number of attempts,
the manufacturer shall replace the
motor vehicle with a new motor vehicle
or accept return of the vehicle
from the consumer and refund to
the consumer the full purchase price
including all taxes, license, registration
fees and all similar governmental
fees, excluding interest, less a
reasonable allowance for the consumer's
use of the vehicle. Refunds shall
be made to the consumer, and lienholder
if any, as their interests may appear.
A reasonable allowance for use shall
be that amount directly attributable
to use by the consumer prior to
his first written report of the
nonconformity to the manufacturer,
agent or dealer and during any subsequent
period when the vehicle is not out
of service by reason of repair.
It shall be an affirmative defense
to any claim under this act (1)
that an alleged nonconformity does
not substantially impair such use
and value or (2) that a nonconformity
is the result of abuse, neglect
or unauthorized modifications or
alterations of a motor vehicle.
In no event shall the presumption
described in this subsection apply
against a manufacturer unless the
manufacturer has received prior
direct written notification from
or on behalf of the consumer and
has had an opportunity to cure the
defect alleged.
D. It shall be
presumed that a reasonable number
of attempts have been undertaken
to conform a motor vehicle to the
applicable express warranties, if
(1) 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 during
the period of one (1) year following
the date of original delivery of
the motor vehicle to a consumer,
whichever is the earlier date, but
such nonconformity continues to
exist or (2) the vehicle is out
of service by reason of repair for
a cumulative total of forty-five
(45) or more calendar days during
such term or during such period,
whichever is the earlier date. The
term of an express warranty, such
one-year period and such forty-five-day
period shall be extended by any
period of time during which repair
services are not available to the
consumer because of a war, invasion,
strike or fire, flood or other natural
disaster.
E. Nothing in this
act shall in any way limit the rights
or remedies which are otherwise
available to a consumer under any
other law.
F. If a manufacturer
has established an informal dispute
settlement procedure which complies
in all respects with the provisions
of Title 16, Code of Federal Regulations,
Part 703, as from time to time amended,
the provisions of subsection C of
this section concerning refunds
or replacement shall not apply to
any consumer who has not first resorted
to such procedure.
Added by Laws 1985,
c. 279, § 1, eff. Nov. 1, 1985
