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 lien holder 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.
Avoid buying problem cars
or.... 