Due to the overwhelming amount of lemon law questions to our
firm, Atkins & Markoff would like to provide some basic information via our website. This does not constitute legal advice. Our firm does not currently handle lemon law issues and we cannot provide legal advice via phone calls or email at this time. We apologize for this inconvenience; however, we hope that the information contained in the website will answer the majority of your questions.
Oklahoma Lemon Law FAQ
What is a lemon?
A “lemon” is a term used to describe a vehicle sold as allegedly free from defects but then discovered to be of substandard quality, value or safety. These defects are often covered by a manufacturers warranty for repair or replacement.
What is a warranty?
A warranty is a promise by either a manufacturer or dealer to provide repair costs should their product become defective or damaged within a certain amount of time. The specifics of warranties vary from dealer to dealer and manufacturer to manufacturer, so wise consumers should review the specifics of the contract before signing it.
What vehicles are covered under Oklahoma lemon laws?
The state of Oklahoma dictates that all new and used vehicles that are fewer than 10,000 lbs and required to be registered are protected under lemon laws. Leased vehicles are not included under these protections.
I have a simple problem with my car. Should I correct it myself?
The best thing you should do if you discover a defect or problem with your car is take it to your dealership or manufacturer, if it is under warranty. If you attempt to correct it yourself you could be accused of “unnecessary modification” which can invalidate your warranty. If the dealer or manufacturer refuses to honor your contract you may need to take further action to get the repair you need.
What can I do if the manufacturer cannot repair the vehicle?
If your vehicle is still under warranty and the manufacturer cannot make it conform to standards within a reasonable period it must replace or reimburse you for the vehicle. If they do not they could be violating Oklahoma’s lemon laws.
How can I prove if my car is a lemon?
The best thing you can do is take it to dealer and request a refund or replacement. If they cannot repair it and refuse to honor your claim you can write to the manufacturer’s complaint arbitration program. It is wise to consult a lawyer throughout this process in order to protect your rights.
Can I use my car while determining if it is a lemon?
You can use your car during the investigative process if it safe to do so, but should your vehicle be ruled a lemon your dealer can usually deduct a certain amount of the refund based on mileage and wear and tear.
What are the qualifications to determine if my car is a lemon?
A lemon is a defect that substantially impairs the use, value, or safety of a vehicle. Oklahoma laws stipulate that lemon is a car that has been serviced four or more times within one year of purchase, or one that has been out of service for a total of 45 calendar days during the period of express warranty. It is critically important to save all receipts and invoices for any work performed on your car, and to also note the dates, locations, and service personnel you contacted.
I bought my car as is. Is it covered?
A car is generally purchased “as is” from a private seller and generally has no expressed or implied warranty.
Are leased cars covered under Oklahoma lemon laws?
No. Leased cars are not covered by Oklahoma lemon law protection.
How long are cars covered under lemon law protection?
The length of time covered by lemon law protection varies depending on the length of warranty. Most new cars have a warranty period of 36 months or 36,000 miles, whichever comes first. Used cars are typically covered by 30 to 60 day warranties. In any event, it is best to check with an experienced lawyer from Atkins & Markoff to discuss the particulars of your case if you think your car is a lemon.
My car is a lemon. What can I do?
If you have exhausted all of your options to repair your car and resolve your problems and your dealer or manufacturer will not honor your claim, you need to contact a lawyer. Consumer protection law is extremely complicated, and some dealers and manufacturers will often go to extreme lengths to discourage unhappy customers. Retaining a lawyer sends a signal to your dealer that you are serious and that you demand resolution to your situation.