Oklahoma lemon laws are stated in Oklahoma Statutes, Title 15, Chapter 22 (Manufacturer Warranties). Under Section 901, nonconformity of a motor vehicle to the manufacturer’s express warranties is a defect or condition that significantly affects the market value and use of the motor vehicle. The period within which the buyer should notify the nonconformity and the manufacturer should repair the vehicle is either on completing the term specified in the express warranty or one year of vehicle’s operation from the date of delivery, whichever happens earlier.
Certain remedies are available to the buyer if the manufacturer is not able to repair the motor vehicle after reasonable attempts. The manufacturer will have to replace the vehicle with a new vehicle or accept return, and refund the purchase price of the vehicle to the buyer. When refunding, the manufacturer should pay the full purchase price including charges relating to tax, registration, license, and all governmental fees without interest. The manufacturer is permitted to deduct an amount attributable to the use of vehicle by the buyer before discovering the nonconformity.
15 Okl. St. § 901 reads in part:
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“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.”
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