Lemon Law in Oklahoma
Residents of Oklahoma who are in the market for a new automobile have enough on their plate to worry about. The last thing they want is to find they’ve made a major purchase, only to have that purchase turn out to be defective.
To protect the consumer, and keep manufacturers from engaging in dishonest business practices, there are lemon laws that give residents avenues to recoup their money. In this service, it may be in your best interest to engage the services of an experienced Oklahoma lemon law attorney.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do Oklahoma Lemon Laws Apply?
Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:
- The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
- There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
- The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.
How Do You Ensure the Application of Lemon Laws?
There are some common practices that you can take that better position you when citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in Oklahoma to ensure you remain within the legal confines.
A car can be designated a lemon if there’s any defect that negatively impacts the use, safety, or value of the car. But this defect must be pre-existing. It cannot come from neglect or abuse resulting from the new car owner. Oklahoma’s Lemon Laws cover any new, motor-driven vehicle that can be registered in oklahoma. However, there is an exclusion for vehicles that weigh 10,000 lbs. or more. The living facility of a motorhome is also excluded under Oklahoma Law.
What Exactly Are Consumers Entitled To Under Lemon Laws?
You have a legal entitlement to a replacement vehicle or refund if Oklahoma lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Registration
- Taxes
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
While there is no provision for used cars in Oklahoma’s lemon laws, OKLaw offers a variety of strategies you could entertain if you have bought a used car “as is”. If you are facing a lemon after buying a used car, you might pursue recourse due to the following:
- “As Is” does not apply to the warranty of good title
- Damages not covered under fraud legislation
- Federal Magnuson-Moss Warranty Act
- “As Is” sales are voided if conducted in bad faith
When Should You Hire a Qualified Oklahoma Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced Oklahoma lemon law attorney.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced Oklahoma lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Oklahoma lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your Oklahoma legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Oklahoma law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
While Lemon Laws are federal, such as the Magnuson-Moss Warranty Act, Oklahoma lemon law demands that before you can move forward, you must give the dealer or manufacturer ample opportunity to repair the defect in the car. While you do have the option of representing yourself in a lemon law dispute, either in court or in arbitration, it may be in your best interest to hire an experienced lemon lawyer in Oklahoma.
Work With an Experienced Oklahoma Lemon Law Attorney
Do you need immediate help? Then one of our experienced lawyers in Oklahoma can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Oklahoma state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced Oklahoma lemon law attorney!
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