Oklahoma has one of the most comprehensive lemon laws in the United States. This law protects buyers of new and used vehicles by providing remedies if they purchase a vehicle that is not fit for its intended purpose. The lemon law for Oklahoma applies to both new and used vehicles purchased in Oklahoma, but there are some important differences between the two.
In this article, we will explain what you need to know about the lemon law for Oklahoma used cars.
What is a Lemon Law?
Lemon law is a state statute that provides protection to consumers who have purchased an automobile that does not meet certain standards of quality or performance. Generally, these laws protect consumers from buying vehicles that are defective and require the manufacturer or seller to either replace or refund the cost of such vehicle to the consumer.
The remedies available under each state’s lemon law may vary depending on the type of car, whether it is new or used, and how long ago it was purchased. Additionally, the type of defect the car has can also affect the remedies available.
Overview of Oklahoma Lemon Laws
The Oklahoma Consumer Protection Act (OCPA) is a set of consumer protection laws designed to ensure fair treatment for consumers when dealing with businesses in Oklahoma.
One part of this act is the Lemon Law, which applies to both new and used automobiles sold in Oklahoma.
Under OCPA, if a consumer buys a car that turns out to be defective, they are entitled to certain legal rights and remedies including repair, replacement, or refund, depending on the nature and severity of the defect(s).
In general, used cars that qualify as lemons must meet any of the four criteria:
(1) has been in the repair shop for at least 30 days within the first 12 months or 12,000 miles;
(2) has a significant defect or condition that substantially impairs its value or safety;
(3) is physically unusable due to a defect; and/or
(4) contains serious safety defects not previously disclosed by the seller.
Lemon Law Coverage for Used Cars in Oklahoma
In most states, only newer cars are covered under lemon laws; however, in Oklahoma, even used vehicles can be covered under certain circumstances.
Any motor vehicle that is less than 10 years old and has fewer than 100 thousand miles can be considered eligible for coverage under the Ohio Consumer Protection Act’s (OCPA) Lemon Law provisions. This is provided that the vehicle was sold within 12 months prior to being reported as having a defect(s).
Additionally, all defects must have been present at time-of-sale or reported within 30 days after discovery by the buyer/lessee in order for the buyer/lessee’s rights under OCPA’s Lemon Law provisions to apply.
Remedies Available Under Lemon Law For Used Cars in Oklahoma
The remedies available to consumers who have purchased an eligible used lemon car vary based on individual circumstances, but generally include:
- a refund of all payments made toward the purchase of the car (including finance fees),
- repairs from the manufacturer,
- replacement of the vehicle with an identical one, or
- cash compensation for damages.
If a consumer’s used car is determined to qualify as a lemon under Oklahoma’s laws, they may be eligible for a refund. This can be done by returning the car to the original place of purchase.
This refund should include any taxes they paid on the initial purchase price and all other fees associated with ownership, such as licensing and registration fees. If accepted, this remedy should be carried out within 30 days after receiving notice from either party involved.
On top of this full refund option, another remedy may be available to consumers who choose to keep their lemon used car and opt for repairs instead. For this scenario, manufacturers are responsible for providing up to three attempts at repairing any nonconformities deemed serious enough that could potentially impair its use or value over time.
If these repair attempts fail to adequately fix the issue at hand, then another remedy may become applicable, such as replacement or cash compensation, depending on individual circumstances.
Lastly, if it is found that there were misrepresentations about a particular used car upon its sale, then Oklahoma’s lemon law allows for certain additional remedies. These include reimbursement for reasonable lawyer fees incurred during dispute resolution and arbitration proceedings related to said misrepresentations.
The lemon law in Oklahoma offers strong protection when buying a used car. It covers all types of defects reported within 30 days of purchase, regardless of the age or mileage of the vehicle.
While some states limit their lemon laws only covering newer models or those with few miles on them – this gives Oklahomans an edge when shopping around for their next pre-owned ride!