|
Oklahoma Lemon Law
Oklahoma
Statutes Annotated, Title 15, § 901
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 lien holder 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.
|
