The Lemon Law covers any new motor-driven vehicles that are required to be registered, except vehicles above 10,000 pounds in the gross vehicle weight. Recreational vehicles, as defined here, are covered by the Lemon Law regardless of weight.
Overview
Through its Consumer Protection Unit (CPU), the Office of the Attorney General is committed to ensuring a safe and fair marketplace in Oklahoma.
To achieve this goal, the Consumer Protection Unit assists Oklahoma consumers through community outreach and education programs, mediation of consumer complaints and taking legal action when necessary against individuals or businesses engaged in deceptive, fraudulent or unfair advertising or sales practices.
Consumer Complaints
The CPU processes thousands of consumer complaints every year. In many cases, the dispute can be resolved over the phone by a consumer representative or through a written mediation process. Through this process, the CPU returns tens of thousands of dollars in refunds to consumers every year.
Our consumer representatives can be reached at:
- (405) 521-2029
- (833) 681-1895
- ConsumerProtection@oag.ok.gov
File a consumer complaint with the Office of the Attorney General by downloading and completing the form below. Then, save the completed form as a PDF and email it to ConsumerProtection@oag.ok.gov with "Complaint" in the subject line. Please attach any relevant documentation to your email.
Outreach and Education
One of the best ways to ensure a fair marketplace is to provide consumers with the tools to make informed decisions and to spot the warning signs of potential scams. Throughout the year, CPU attorneys, investigators and staff participate in community events to educate Oklahomans on subjects ranging from identity theft, to avoiding scams in the wake of weather-related disasters.
Consumer Action: Tips for Avoiding Fraud
- Stay patient, research companies and resist the urge to make quick decisions in the moment;
- Ask people you trust for the name of a reliable contractor;
- Avoid fly-by-night companies and use local companies that are established in the community;
- Obtain written estimates from multiple companies;
- Be cautious if an individual or business asks for a substantial up-front payment or cash payment;
- Use your best judgement. If a deal sounds too good to be true, it probably is.
Enforcement
The CPU is charged with enforcing many state and federal laws that protect consumers against deceptive, unfair and fraudulent business practices. When appropriate, the CPU will take legal action to remedy violations of these laws.
Do Not Call Registries
The Oklahoma Telemarketer Restriction Act Consumer Registry lists the telephone numbers of Oklahomans who don't want unsolicited telemarketing calls and have properly registered with the Oklahoma Attorney General. The Telemarketer Restriction Act, passed in 2002, prohibits telemarketers from contacting Oklahomans on the list, with some exceptions that were written into the law.
Oklahoma's Lemon Law
This guide provides you information about your rights and responsibilities under Oklahoma’s Lemon Law.
A new vehicle may be a lemon if there is a defect covered by the warranty which substantially impairs the use and value. However, the defect cannot be the result of abuse, neglect or unauthorized modifications or alterations.
Act fast!
You must report the defect, directly and in writing, to the manufacturer, the manufacturer’s agent or dealer during the term of the warranty or during the period of one year following the date of original delivery of the motor vehicle, whichever is earlier.
You must take the vehicle back to give the manufacturer, manufacture’s agent or dealer a “reasonable number of attempts” to fix the problem.
According to the law, there is a presumption that the manufacturer, manufacturer’s agent or dealer has made a reasonable number of attempts, if they have attempted to fix the same defect four or more times during the warranty period or one year following the date of the original delivery of the vehicle, whichever is earlier; or the vehicle is out of service because of the repairs for a total of 30 business days during the same period.
Informal dispute resolution
Before the lemon law applies, you must try informal dispute resolution if the manufacturer has a procedure which complies with federal law. Read your warranty or owner’s manual to find out if the manufacturer has a procedure.
If the vehicle cannot be fixed, the manufacturer shall either:
- Accept a return of the vehicle from the consumer and refund the full purchase price including fees and taxes, but excluding interest, less a reasonable allowance for the consumer’s use of the vehicle, or
- Replace the vehicle with a comparable new model acceptable to the consumer, if one can be agreed upon.
Reasonable allowance for consumer’s use of the vehicle
The law provides a formula for reasonable allowance for use:
- The purchase or lease price multiplied by a fraction having as the denominator one hundred twenty thousand (120,000) miles and having as the numerator the miles directly attributable to use by the consumer beyond 15,000 miles.
For example, Suppose a consumer bought a car and paid $15,000 then drove it 17,000 miles. The consumer can figure the reasonable use allowance this way:
- 2,0001/120,0002=1/60th
- 1/60th of $15,000 is $250
- 1(2,000 miles over 15,000 miles driven is the numerator)
- 2(denominator set by the law)
Vehicles returned may not be resold in Oklahoma unless:
- the manufacturer provides the same warranty provided to the original purchaser, except that the term of the warranty need only last for 12,000 miles or 12 months after the date of resale, whichever is earlier; or
- the manufacturer, through the licensed dealer, provides the consumer with a written statement on a separate piece of paper that clearly discloses the reason or reasons the vehicle was reacquired by the manufacturer.
However, no returned vehicles shall be resold if it was returned pursuant to the Oklahoma lemon law or a similar law in another state because of a defect resulting in a complete failure of the braking or steering system likely to cause death or serious bodily injury if the vehicle is driven.
The manufacturer must cause reacquired vehicles that were registered in Oklahoma to be retitled. Further, the manufacturer must request the Oklahoma Tax Commission to place a “Lemon Law Buyback” notation on the new certificate of title. This must be done before the vehicle is sold, leased, transferred or exported to another state for sale, lease or transfer.
No state agency has enforcement authority over the lemon law. If you feel that your rights have been violated, contact a private attorney for advice. In any civil action pursuant to section 2 of the lemon law, the court may order attorneys fees and costs to a consumer who prevails in the case.
- It is important when you buy a new vehicle to read the owner’s manual and warranty and follow maintenance guidelines.
- Also, keep detailed and dated maintenance records, including warranty work.
- Write down a list of problems and defects that you observe with your vehicle and give the written list to the technician when you take the vehicle in for repairs, even if you are taking it back for the same problem.
- Get and keep copies of repair orders and make sure they detail work done and how long the vehicle was in the shop for the repairs.
- Keep records and receipts for all expenses, such as towing charges.
Oklahoma Landowners Bill of Rights
This Landowner’s Bill of Rights applies to any attempt by the government or a private entity to take your property through a condemnation or other legal proceeding. Generally, the laws applicable to the Landowner’s Bill of Rights can be found in Titles 27 and 66 of the Oklahoma Statutes.
Last Modified on
May 30, 2024
