Oklahoma Lemon Law

Oklahoma's lemon law (15 O.S. §§ 901-901.1) covers new, registered motor vehicles purchased in Oklahoma that have a defect substantially impairing use, market value, or safety. It excludes vehicles with a gross vehicle weight rating over 10,000 pounds and the living facilities of motor homes (the chassis is still covered). To qualify, the consumer must report the nonconformity in writing to the manufacturer, its agent, or its authorized dealer during the express warranty term or within one year of original delivery to the consumer, whichever ends first. If your vehicle meets those criteria and the manufacturer cannot fix the defect in a reasonable number of attempts, you may be entitled to a refund or replacement.

Oklahoma uses a four-attempt threshold, which is one more than most states. The statute presumes a reasonable number of repair attempts has been made if the same nonconformity has been subject to repair four or more times by the manufacturer or its authorized dealers within the warranty term or first year (whichever ends first), and the defect still exists. Alternatively, the presumption applies if the vehicle has been out of service by reason of repair for a cumulative total of 30 business days within that period. You must give the manufacturer written notice and a final opportunity to repair before pursuing a refund or replacement claim.

No. Oklahoma's lemon law applies only to new motor vehicles. Used vehicles are not covered. However, if the used car was sold with any written warranty (including the balance of a manufacturer's warranty, a dealer warranty, or an extended service contract), you may have remedies under the federal Magnuson-Moss Warranty Act, which lets consumers sue for breach of written or implied warranties on consumer goods and recover attorney fees if they prevail. Oklahoma also recognizes implied warranties of merchantability under the Uniform Commercial Code unless they were validly disclaimed at sale.

Oklahoma's lemon law does not contain its own statute of limitations, so courts apply Oklahoma's general four-year limitations period for breach of contract or sale-of-goods claims under the Uniform Commercial Code, measured from the date of original delivery to the consumer. The defect itself, however, must be reported to the manufacturer within the warranty term or one year of delivery (whichever is earlier), so do not wait. Federal Magnuson-Moss claims also generally borrow the state's four-year UCC period. Consult an attorney quickly because key evidence, repair orders, and witness recollections fade fast.

Only if the manufacturer has established an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703 and properly notified you of it. In that case, Oklahoma requires you to first submit your dispute through that program before pursuing the statutory refund or replacement remedy in court. Common qualifying programs include the BBB AUTO LINE and certain manufacturer-run boards. Arbitration decisions are typically not binding on the consumer, so if you reject the result you may still file suit. If the manufacturer has no qualifying program (or did not notify you), you can proceed directly to court.

If your vehicle qualifies, the manufacturer must either replace it with a comparable new vehicle or refund the full purchase price (less a reasonable allowance for use, calculated using the statutory 120,000-mile formula with the first 15,000 miles excluded). Prevailing consumers also recover all court costs and reasonable attorney fees as determined by the court. Cash settlements (often called 'cash and keep') are common alternatives. Diminished value and incidental or consequential damages may be available. Oklahoma's statute does not provide a separate multiplier-style civil penalty, but a parallel Magnuson-Moss claim can support attorney fees independently.