{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-901","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-901","heading":"Motor vehicles - Repairing under warranty","body":"A. As used in this section:\n\n1. \"Consumer\" means the purchaser, other than for purposes of\n\nresale, of a motor vehicle, any person to whom such motor vehicle is\n\ntransferred during the duration of an express warranty applicable to\n\nsuch motor vehicle, and any other person entitled by the terms of\n\nsuch warranty to enforce the obligations of the warranty; and\n\n2. \"Motor vehicle\" means any motor-driven vehicle required to\n\nbe registered under the Oklahoma Motor Vehicle License and\n\nRegistration Act, excluding vehicles above ten thousand (10,000)\n\npounds gross vehicle weight. A recreational vehicle, as defined in\n\nSection 1-152.1 of Title 47 of the Oklahoma Statutes, regardless of\n\nthe weight of the recreational vehicle, shall be considered a motor\n\nvehicle for the purposes of this section.\n\nB. For the purposes of this act, if a new motor vehicle does\n\nnot conform to all applicable express warranties, and the consumer\n\nreports the nonconformity, directly in writing, to the manufacturer,\n\nits agent or its authorized dealer during the term of such express\n\nwarranties or during the period of one (1) year following the date\n\nof original delivery of the motor vehicle to a consumer, whichever\n\nis the earlier date, the manufacturer, its agent or its authorized\n\ndealer shall make such repairs as are necessary to conform the\n\nvehicle to such express warranties, notwithstanding the fact that\n\nsuch repairs are made after the expiration of such term or such one-\n\nyear period.\n\nC. If the manufacturer, or its agents or authorized dealers are\n\nunable to conform the motor vehicle to any applicable express\n\nwarranty by repairing or correcting any defect or condition which\n\nsubstantially impairs the use and value of the motor vehicle to the\n\nconsumer after a reasonable number of attempts, the manufacturer\n\nshall either accept a return of the vehicle from the consumer and\n\nrefund to the consumer the full purchase price including all taxes,\n\nlicense, registration fees and all similar governmental fees,\n\nexcluding interest, less a reasonable allowance for the consumer's\n\nuse of the vehicle or replace the motor vehicle with a comparable\n\nnew model acceptable to the consumer. If a comparable model vehicle\n\ncannot be agreed upon, the purchase price shall be refunded less a\n\nreasonable allowance for the consumer's use of the vehicle. Refunds\n\nshall be made to the consumer, and lienholder if any, as their\n\ninterests may appear. A reasonable allowance for use shall be the\n\npurchase or lease price of the new motor vehicle multiplied by a\n\nfraction having as the denominator one hundred twenty thousand\n\n(120,000) miles and having as the numerator the miles directly\n\nattributable to use by the consumer beyond fifteen thousand (15,000)\n\nmiles. It shall be an affirmative defense to any claim under this\n\nact:\n\n1. That an alleged nonconformity does not substantially impair\n\nsuch use and value; or\n\n2. That a nonconformity is the result of abuse, neglect or\n\nunauthorized modifications or alterations of a motor vehicle.\n\nIn no event shall the presumption described in this subsection\n\napply against a manufacturer unless the manufacturer has received\n\nprior direct written notification from or on behalf of the consumer\n\nand has had an opportunity to cure the defect alleged.\n\nD. It shall be presumed that a reasonable number of attempts\n\nhave been undertaken to conform a motor vehicle to the applicable\n\nexpress warranties, if:\n\n1. The same nonconformity has been subject to repair four or\n\nmore times by the manufacturer or its agents or authorized dealers\n\nwithin the express warranty term or during the period of one (1)\n\nyear following the date of original delivery of the motor vehicle to\n\na consumer, whichever is the earlier date, but such nonconformity\n\ncontinues to exist; or\n\n2. The vehicle is out of service by reason of repair for a\n\ncumulative total of thirty (30) business days during such term or\nnufacturer or its agents or authorized dealers\n\nwithin the express warranty term or during the period of one (1)\n\nyear following the date of original delivery of the motor vehicle to\n\na consumer, whichever is the earlier date, but such nonconformity\n\ncontinues to exist; or\n\n2. The vehicle is out of service by reason of repair for a\n\ncumulative total of thirty (30) business days during such term or\n\nduring such period, whichever is the earlier date.\n\nThe term of an express warranty, such one-year period and such\n\nthirty-day period shall be extended by any period of time during\n\nwhich repair services are not available to the consumer because of a\n\nwar, invasion, strike, fire, flood or other natural disaster.\n\nE. Nothing in this act shall in any way limit the rights or\n\nremedies which are otherwise available to a consumer under any other\n\nlaw.\n\nF. If a manufacturer has established an informal dispute\n\nsettlement procedure which complies in all respects with the\n\nprovisions of Title 16, Code of Federal Regulations, Part 703, as\n\nfrom time to time amended, the provisions of subsection C of this\n\nsection concerning refunds or replacement shall not apply to any\n\nconsumer who has not first resorted to such procedure.\n\nG. The Oklahoma Attorney General shall prepare and place on the\n\nAttorney General's website a written statement explaining the rights\n\nof a purchaser under this law. The dealer shall provide to the\n\npurchaser at the time of the original purchase of a new motor\n\nvehicle the written statement prepared by the Attorney General.\n\nH. Vehicles returned pursuant to the provisions of this act may\n\nnot be resold in this state unless:\n\n1. The manufacturer provides the same express warranty the\n\nmanufacturer provided the original purchaser, except that the term\n\nof the warranty need only last for twelve thousand (12,000) miles or\n\ntwelve (12) months after the date of resale, whichever is earlier;\n\nor\n\n2. The manufacturer, through the licensed dealer, provides the\n\nconsumer with a written statement on a separate piece of paper that\n\nclearly discloses the reason or reasons the vehicle was reacquired\n\nby the manufacturer.\n\nI. Notwithstanding the provisions of subsection H of this\n\nsection, returned vehicles shall not be resold if a new motor\n\nvehicle has been returned pursuant to the provisions of this act or\n\na similar statute in another state because of nonconformity\n\nresulting in a complete failure of the braking or steering system\n\nlikely to cause death or serious bodily injury if the vehicle is\n\ndriven.\n\nJ. In any civil action pursuant to this section wherein the\n\nconsumer is the prevailing party in the civil action, the consumer\n\nshall recover all costs and reasonable attorney fees as determined\n\nby the court.","path":["OK Code","Title 15"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f0b5335be2fce8203bb45bcacd7a2f7563d9d467f56ab8826f18f9c11d17dcf1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-821","next":"us-ok/okla.-stat.-tit.-15-15-901.1"},"notice":"GroundRules: Original legal text. Not legal advice."}
