I wasn't sure what forum to put this in, but I wanted to start a thread to discuss the California Lemon Law. The California Lemon Law basically gives a buyer of a car, truck, van, RV, or boat the right to get his/her money back if the vehicle is defective and is not able to be repaired after a reasonable number of attempts.

What would you think of creating a similar law here? Instead of the California Lemon Law, we could simply call it the Oklahoma Lemon Law. Seems like the California Lemon Law has reduced some of the uncertainty associated with buying a vehicle.

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"California Lemon Law

Under California Lemon Law, if you took your New or Used Car, Truck, Van, RV, Motorcycle or Boat in for repair during the manufacturer's warranty period and you gave the dealer a reasonable number of attempts to repair the vehicle and it continues to malfunction, you may be entitled to your money back or to a new replacement vehicle. Under California Lemon Law, it does not matter if you purchased or leased the vehicle. You may even qualify under California Lemon Law if the vehicle was purchased or leased primarily for business use. The California Lemon Law also applies to a used vehicle if it was sold with a warranty (including a portion of the original manufacturer's unexpired warranty). What constitutes a reasonable number of attempts under California Lemon Law depends on the circumstances of each case. For example, a safety related problem may require only two attempts to be considered "reasonable" under California Lemon Law, whereas other types of problems may require more attempts. The problem must be one which substantially impairs the vehicle's use, value or safety.

Under California Lemon Law, you do not need to take your vehicle to a manufacturer-sponsored arbitration program before you retain an attorney and make a legal claim. If you went to arbitration and you do not like the result, you may hire an attorney to pursue the claim for you under California Lemon Law."

Actually, I thought Oklahoma already HAD a lemon law. If we do not, then by all means. We need it. Too many people get hosed over bad vehicles.

The actual Oklahoma lemon law, right off the statute book:

§15-901. Motor vehicles - Repairing under warranty.

A. As used in this act:

1. "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty; and

2. "Motor vehicle" means any motor-driven vehicle required to be registered under the Motor Vehicle License and Registration Act, Sections 22 et seq. of Title 47 of the Oklahoma Statutes, excluding vehicles above ten thousand (10,000) pounds gross vehicle weight and the living facilities of motor homes.

B. For the purposes of this act, if a new motor vehicle does not conform to all applicable express warranties, and the consumer reports 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 one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.

C. 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 from the consumer 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. Refunds shall be made to the consumer, and lienholder if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair. It shall be an affirmative defense to any claim under this act (1) that an alleged nonconformity does not substantially impair such use and value or (2) that a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle. In no event shall the presumption described in this subsection 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.

D. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if (1) the same nonconformity has been subject to repair four 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 forty-five (45) or more calendar days during such term or during such period, whichever is the earlier date. The term of an express warranty, such one-year period and such forty-five-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.

E. Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

F. 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 of subsection C of this section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.

Added by Laws 1985, c. 279, § 1, eff. Nov. 1, 1985.