Lemon Law Litigation

The Oklahoma Lemon Law provides that 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 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.

The law provides for a presumption that a "reasonable number of attempts"(to repair) have been undertaken to conform the vehicle to the applicable express warranties, if: (1) the same nonconformity has been subject to repair 4 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 45 or more calendar days during such term or during such period, whichever is the earlier date.

The Oklahoma Lemon Law also requires that you report 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 1 year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date.

The Oklahoma Lemon Law also provides that in no event shall the presumption described above 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.

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 above concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.

Attorneys fees are not expressly provided for under the Oklahoma Lemon Law, but are recoverable under a separate Federal Law called the Magnuson-Moss Warranty Act and Oklahoma State law concerning express warranties.

Other federal and state laws may apply providing you with additional legal rights and claims. For example, the Magnuson-Moss Warranty Act, Uniform Commercial Code and the Oklahoma Consumer Protection Act provide rights and damage claims in addition to the lemon law

If you think your vehicle may be a "lemon," it may actually have been wrecked or have other hidden defects. If your vehicle has been wrecked or flooded, it may be unsafe to drive. Some insurance companies, auto salvage brokers and auto wholesalers intentionally hide frame damage, salvage title history or other serious problems. These junk vehicles are cosmetically repaired and resold, usually out of state, through auto auctions. If your vehicle has been wrecked before, the car maker's safety protections may fail in a collision. Your warranty may even be void. You need to protect yourself by checking out the history of your vehicle. We have included information below to help you do that.

First, check out Carfax.com. This website contains ONLY a brief summary of information from most states. Most crooked car dealers know how to avoid being detected by the carfax database. Carfax is useful however, to find out each state where the vehicle has been previously registered. You will need the Vehicle Identification Number (VIN) to run a Carfax report on your vehicle. Next, obtain the official vehicle title history from each state where the vehicle was registered. Each state should be listed in the carfax report. We have posted the phone numbers for each states' vehicle registration records office below. Call each state listed on the Carfax report and request a copy of the title history. Most states charge a small fee to mail copies of these records. You will find the name and address of previous owners on the title papers from the state. Use an internet people search to obtain phone numbers if they are not listed on the title records. Ask the previous owners about lemon law buy-back, wreck damage, water damage and odometer reading at time of sale. Check for insurance companies or auto brokers on the title history (title assignment papers) as this is a red flag.

If your vehicle is less than five years old, ask for the manufacturers warranty history from another dealer (not the same one you purchased the vehicle from). Many dealers are willing to help a dissatisfied customer of a competitor. Be sure to get the written printout and look for mileage discrepancies, lemon history or evidence that the warranty has been voided due to collision or water damage.

If the seller had problems with the vehicle while new, find out about the service history and ask if the dealer or manufacturer declared the vehicle a lemon or offered anything of value as compensation (such as a coupon) Do not make the person you are calling nervous or afraid of being sued, but remember one of the previous owners may be involved in fraud. You may want to let them know you are investigating the dealer who sold you the car. Make good notes of your calls.

If you think the vehicle may have been wrecked or flooded, have it inspected by a reputable body shop and ask if it has been wrecked or repaired. The vehicle should be put up on a lift and ask to look at it yourself. Check for paint overspray or other evidence of repair work or hidden damage yourself. You can do this with or without the help of a bodyshop, but a trained professional should be able to spot problems that would escape the untrained eye. Don't forget to check for differences in the gaps in the sheetmetal, uneven tire tread, problems with alignment of the tires or faulty electrical system. These may be signs of wreck damage.

If you think the vehicle has more wear and tear than you would expect with its current mileage reading, you may be right. Many odometers have been turned back or replaced. Others may have been subjected to odometer document disclosure fraud. Check out the odometer itself. Have the screws in front of the glass been removed? Do the numbers line up? Are there any scratches on the numbered wheels? Is there any unusual wear of the carpet near the gas pedal or are the pedals themselves heavily worn or have been recently replaced? These may be signs of odometer tampering.

We have recovered substantial verdicts for clients who have been defrauded by car dealers. Often times these cases require a substantial amount of investigation. Please contact our firm after you complete your initial investigation if you would like to discuss any questions or having our firm undertake to represent you.