Lemon Law Complaint - Oklahoma

OKLAHOMA MOTOR VEHICLE WARRANTY COMPLAINT

1. CAPTION

IN THE DISTRICT COURT OF [COUNTY] COUNTY

STATE OF OKLAHOMA

Case No. [________________]

COMPLAINT

Plaintiff alleges:

2. PARTIES, VENUE, AND VEHICLE

1. Plaintiff [NAME] resides at [ADDRESS] in [COUNTY] County, Oklahoma.

2. Plaintiff is a “consumer” under 15 O.S. § 901(A)(1) because Plaintiff is the [NON-RESALE PURCHASER / WARRANTY-PERIOD TRANSFEREE / OTHER PERSON ENTITLED BY THE WARRANTY TO ENFORCE IT].

3. If Plaintiff leased rather than purchased the Vehicle, Plaintiff qualifies because [STATE THE TRANSFER OR WARRANTY-ENFORCEMENT BASIS; ORDINARY LESSEE STATUS ALONE IS NOT EXPRESSLY LISTED IN § 901(A)(1)].

4. Defendant [NAME] is the Vehicle's manufacturer and may be served through [REGISTERED AGENT AND ADDRESS].

5. On [DATE], Plaintiff [PURCHASED / LEASED / RECEIVED] a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [DEALER].

6. The Vehicle is required to be registered under the Oklahoma Motor Vehicle License and Registration Act and is [AT OR BELOW 10,000 POUNDS GROSS VEHICLE WEIGHT / A RECREATIONAL VEHICLE COVERED REGARDLESS OF WEIGHT] under 15 O.S. § 901(A)(2).

7. At original delivery, the Vehicle was subject to Defendant's applicable express written warranty.

8. The transaction, registration, weight or recreational-vehicle classification, warranty, and lien documents are attached as Exhibits A and B.

9. Venue is proper in this county because [STATE THE CURRENT FACTUAL AND LEGAL BASIS].

3. TIMELY DIRECT WRITTEN REPORT

10. The applicable express-warranty term ended or will end on [DATE]. The first anniversary of original delivery was or will be [DATE]. The earlier date is [DATE].

11. Before that earlier date, on [DATE], Plaintiff reported the following nonconformity directly in writing to [DEFENDANT / DEFENDANT'S AGENT / AUTHORIZED DEALER]: [DESCRIBE PRECISELY].

12. Under 15 O.S. § 901(B), Defendant, its agent, or its authorized dealer was required to make the repairs necessary to conform the Vehicle to the express warranty, even if repairs occurred after the warranty term or one-year period.

13. The defect or condition substantially impairs both the Vehicle's use and its value to Plaintiff as follows:

• Use: [DETAILS]
• Value: [DETAILS]

14. The defect or condition did not result from abuse, neglect, or unauthorized modification or alteration by Plaintiff.

4. REPAIR HISTORY AND CONTINUING NONCONFORMITY

15. The repair history is:

16. After a reasonable number of attempts, Defendant, its agents, or its authorized dealers were unable to conform the Vehicle to the express warranty.

17. The same nonconformity continues to exist as follows: [DETAILS].

18. The repair orders, communications, current-condition evidence, and business-day calculation are attached as Exhibit C.

5. PRESUMPTION, DIRECT MANUFACTURER NOTICE, AND CURE OPPORTUNITY

19. Select each supported presumption under 15 O.S. § 901(D), measured within the earlier of the express-warranty term or one year after original delivery:

• ☐ Four repairs. The same nonconformity was subject to repair four or more times by Defendant, its agents, or its authorized dealers and continues to exist.
• ☐ Thirty business days. The Vehicle was out of service by reason of repair for at least 30 cumulative business days.

20. Any extension is limited to time when repair services were unavailable because of war, invasion, strike, fire, flood, or other natural disaster. Applicable extension: [NONE / DETAILS].

21. Before relying on the presumption, Plaintiff gave Defendant prior direct written notification on [DATE] and an opportunity to cure the alleged defect. The notice, delivery proof, and cure-opportunity record are attached as Exhibit D.

22. Section 901 sets no fixed cure period or mandatory mailing method. The cure opportunity was reasonable because [DETAILS].

23. Plaintiff [RELIES ON ONE OR BOTH § 901(D) PRESUMPTIONS / PLEADS AN INDEPENDENT FACTUAL SHOWING OF A REASONABLE NUMBER OF ATTEMPTS].

6. INFORMAL DISPUTE-SETTLEMENT PROCEDURE

24. Select and complete the applicable alternative under 15 O.S. § 901(F):

• ☐ Defendant had established [PROGRAM], a procedure complying in all respects with 16 C.F.R. Part 703. Plaintiff first resorted to it on [DATE]; the proceeding ended on [DATE] with [RESULT]. The record is attached as Exhibit E.
• ☐ Defendant had not established a procedure complying in all respects with 16 C.F.R. Part 703. Supporting facts and documents: [DETAILS].

25. Plaintiff has therefore satisfied, or is not subject to, the § 901(F) first-resort condition on the subsection (C) refund-or-replacement remedy.

7. STATUTORY REMEDY

26. Under 15 O.S. § 901(C), Defendant must choose between accepting return and paying the statutory refund or replacing the Vehicle with a comparable new model acceptable to Plaintiff.

27. Plaintiff prefers [REFUND / REPLACEMENT], without claiming the statute gives Plaintiff the election. If no comparable replacement model can be agreed upon, § 901(C) requires the refund.

28. The refund calculation is:

29. The reasonable allowance for use equals:

$[PURCHASE OR LEASE PRICE] × ([MILES DIRECTLY ATTRIBUTABLE TO PLAINTIFF BEYOND 15,000] ÷ 120,000) = $[ALLOWANCE]

30. If Plaintiff's attributable use did not exceed 15,000 miles, the use allowance is zero.

31. The refund excludes interest and must be paid to Plaintiff and any lienholder as their interests appear.

8. COSTS, ATTORNEY FEES, AND FILING REVIEW

32. A prevailing consumer shall recover all costs and reasonable attorney fees under 15 O.S. § 901(J).

33. Section 901 states no civil-action filing deadline. Before filing, counsel determined the applicable limitations rule and deadline to be [CITATION, ANALYSIS, AND DATE].

34. This action was filed on [DATE] and is timely under that separately verified rule.

9. COUNT I — 15 O.S. § 901

35. Plaintiff incorporates paragraphs 1 through 34, with unused alternatives deleted.

36. Plaintiff is a consumer, Defendant is the manufacturer, and the new Vehicle and warranty are covered by § 901.

37. Plaintiff timely reported the nonconformity directly in writing under § 901(B).

38. After a reasonable number of attempts, Defendant, its agents, or its authorized dealers were unable to correct a defect or condition substantially impairing both use and value.

39. Defendant received prior direct written notification and a reasonable opportunity to cure before Plaintiff invoked the presumption.

40. Plaintiff satisfied, or was not subject to, the § 901(F) first-resort condition.

41. Defendant has not provided either alternative required by § 901(C).

10. PRAYER FOR RELIEF

Plaintiff requests judgment:

1. Determining that Defendant failed to comply with 15 O.S. § 901;
2. Ordering Defendant to provide the replacement or refund alternative required by § 901(C), with a refund required if no comparable replacement model can be agreed upon;
3. If refund is provided, applying only the authorized components, use allowance, and consumer/lienholder allocation;
4. Awarding all costs and reasonable attorney fees under § 901(J);
5. Awarding interest only to the extent independently authorized and proved; and
6. Granting any further relief authorized by § 901 and proved in this action.

11. SIGNATURE BLOCK

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME], OBA No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

12. EXHIBIT AND FILING CHECKLIST

• ☐ Exhibits A and B — Transaction, registration, weight or RV classification, warranty, and lien documents
• ☐ Exhibit C — Repair orders, communications, current-condition evidence, and business-day calculation
• ☐ Exhibit D — Prior direct manufacturer notice, delivery proof, and cure-opportunity record
• ☐ Exhibit E — Part-703 procedure submission and result, or evidence no qualifying procedure existed
• ☐ Exhibit F — Refund and statutory use-allowance calculation
• ☐ Confirm the consumer fits § 901(A)(1); do not assume ordinary lease status alone qualifies
• ☐ Confirm current court, venue, service, pleading, filing, verification, and jury-demand requirements
• ☐ Identify and verify the applicable civil-action limitations rule because § 901 supplies none

13. SOURCES AND REFERENCES

• Oklahoma Legislature — current Title 15 compilation
• Oklahoma New Motor Vehicle Commission — official November 2023 compilation, § 901(B)-(J) at pp. 68-69
• 2025 Oklahoma Statutes — current post-2022 § 901 text
• eCFR — current 16 C.F.R. Part 703