IN THE DISTRICT COURT OF [COUNTY NAME] COUNTY

STATE OF OKLAHOMA

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v. Case No. ___‐____

[DEFENDANT MANUFACTURER NAME],
[DEFENDANT DEALER NAME] (if applicable),
Defendants.

_______________________________________________________________

VERIFIED COMPLAINT FOR DAMAGES, REVOCATION/REPLACEMENT,

AND INJUNCTIVE RELIEF UNDER THE OKLAHOMA LEMON LAW

_______________________________________________________________

TABLE OF CONTENTS

1. Document Header ..................................................... 2
2. Definitions .......................................................... 3
3. Jurisdiction, Venue, & Governing Law ................................. 4
4. Parties .............................................................. 4
5. Preliminary Allegations & Factual Background ......................... 5
6. Cause(s) of Action ................................................... 7
   6.1 Count I – Violation of Oklahoma Lemon Law ......................... 7
   6.2 Count II – Breach of Express Warranty ............................. 8
   6.3 Count III – (Optional) Magnuson-Moss Warranty Act ................. 9
7. Request for Injunctive Relief ........................................ 10
8. Prayer for Relief .................................................... 11
9. Demand for Jury Trial ................................................ 12
10. Verification & Certification ........................................ 12
11. Signature Block ..................................................... 13

1. DOCUMENT HEADER

1.1 Effective Filing Date: [MONTH] [DAY], [YEAR]
1.2 Governing Statute: Oklahoma Motor-Vehicle Warranty Enforcement Act (“Oklahoma Lemon Law”), 15 O.S. §§ [INSERT] et seq.
1.3 Forum Selection: State District Court (per metadata & statute).
1.4 Mandatory Informal Dispute Resolution / Arbitration: Addressed in Section 5.8.
1.5 Injunctive Relief Sought: Vehicle replacement and any ancillary equitable relief.

2. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings ascribed below. Terms defined herein shall have such meanings wherever used in this pleading (whether singular or plural).

“Act” means the Oklahoma Motor-Vehicle Warranty Enforcement Act.

“Arbitration Program” means any manufacturer-sponsored or state-certified informal dispute settlement mechanism meeting the requirements of the Act.

“Dealer” means [DEFENDANT DEALER NAME], an Oklahoma motor-vehicle dealer that sold the Vehicle to Plaintiff.

“Manufacturer” means [DEFENDANT MANUFACTURER NAME], a foreign corporation authorized to transact business in Oklahoma, responsible for all express warranties covering the Vehicle.

“Nonconformity” means any defect, condition, or serious safety issue that substantially impairs the use, value, or safety of the Vehicle and that arose during the Warranty Period.

“Purchase Date” means [MM/DD/YYYY].

“Vehicle” means one (1) [YEAR] [MAKE] [MODEL], VIN ☐, purchased new by Plaintiff on the Purchase Date for $[PURCHASE PRICE].

“Warranty Period” means the earlier of (a) [12 months / 15,000 miles] after the Purchase Date or (b) the period stated in the Manufacturer’s express written warranty.

3. JURISDICTION, VENUE, & GOVERNING LAW

3.1 This Court has subject-matter jurisdiction under Okla. Const. art. 7, § 7 and applicable statutes because the amount in controversy exceeds $10,000.

3.2 Personal jurisdiction exists over each Defendant pursuant to 12 O.S. § 2004(F) because each Defendant transacts business within Oklahoma and committed tortious acts and/or breached statutory duties in Oklahoma.

3.3 Venue is proper in [COUNTY NAME] County under 12 O.S. § 134 because (i) the contract of sale was executed in this county, and/or (ii) Plaintiff resides here.

3.4 Oklahoma substantive law governs all state claims asserted herein. Federal law governs any claim asserted under the Magnuson-Moss Warranty Act.

4. PARTIES

4.1 Plaintiff [PLAINTIFF FULL LEGAL NAME] is a natural person residing at [ADDRESS], an Oklahoma consumer as defined by the Act.

4.2 Defendant [DEFENDANT MANUFACTURER NAME] is a [State/Country] corporation with its principal place of business at [ADDRESS] and registered service agent in Oklahoma.

4.3 Defendant [DEFENDANT DEALER NAME] is an Oklahoma corporation with its principal place of business at [ADDRESS] and was the retail seller of the Vehicle.

5. PRELIMINARY ALLEGATIONS & FACTUAL BACKGROUND

5.1 On the Purchase Date, Plaintiff purchased the Vehicle from Dealer for personal, family, or household use.

5.2 The Vehicle was covered by Manufacturer’s [36-month/36,000-mile] new-vehicle limited warranty.

5.3 Within the Warranty Period, the Vehicle manifested multiple Nonconformities, including but not limited to:
(a) [Engine stalling at highway speeds];
(b) [Transmission slipping between 2nd and 3rd gears]; and
(c) [Electrical system failure causing dashboard blackout].

5.4 Plaintiff tendered the Vehicle to authorized repair facilities on at least [FOUR] occasions for the same or substantially similar Nonconformities, and the Vehicle was out of service for repair for a cumulative total of [45] days during the Warranty Period.

5.5 Despite these repair attempts, the Nonconformities persist, substantially impairing the Vehicle’s use, value, and safety.

5.6 Notice. Plaintiff provided timely written notice of the Nonconformities and final repair opportunity to Manufacturer on [DATE] in accordance with 15 O.S. § [INSERT].

5.7 Reasonable Number of Repair Attempts. By operation of law, the Manufacturer has been afforded a reasonable number of attempts to repair the Vehicle and has failed to do so.

5.8 Mandatory Informal Dispute Resolution / Arbitration.
a. Oklahoma’s Act requires a consumer to resort to a Manufacturer’s certified Arbitration Program if and only if such program complies with federal regulations under 16 C.F.R. Part 703 and has been duly certified by the Oklahoma Attorney General.
b. On [DATE], Plaintiff [initiated / attempted to initiate] Manufacturer’s Arbitration Program (Case No. ☐).
c. [OPTION 1] The Arbitrator rendered a decision on [DATE], which Defendants failed to honor within the statutory time, thereby exhausting administrative remedies.
[OPTION 2] Manufacturer had not established a certified Arbitration Program at the relevant time; therefore, exhaustion was not required.

5.9 Statute of Limitations. This action is timely because it is filed within [one year] after the expiration of the Warranty Period, as required by the Act.

6. CAUSE(S) OF ACTION

6.1 Count I – Violation of Oklahoma Lemon Law

6.1.1 Plaintiff incorporates by reference paragraphs 1 through 5.9 as though fully set forth herein.

6.1.2 Under the Act, if the Manufacturer is unable to conform the Vehicle to any applicable express warranty by repairing or correcting any Nonconformity after a reasonable number of attempts, the Manufacturer must, at the consumer’s option, either (i) replace the Vehicle with a comparable new motor vehicle, or (ii) refund the purchase price, less a reasonable allowance for use.

6.1.3 Defendants have failed to conform the Vehicle to the express warranty despite a reasonable number of repair attempts, constituting a violation of the Act.

6.1.4 Plaintiff is therefore entitled to (a) replacement of the Vehicle with a new, comparable vehicle, or (b) refund of the full contract price, including collateral charges, less a reasonable allowance for use, plus incidental and consequential damages, attorneys’ fees, expert fees, and costs.

6.2 Count II – Breach of Express Warranty (U.C.C. § 2-313)

6.2.1 Plaintiff incorporates by reference paragraphs 1 through 6.1.4.

6.2.2 Manufacturer expressly warranted that the Vehicle would be free from defects in materials and workmanship during the Warranty Period.

6.2.3 The persistent Nonconformities constitute a breach of said express warranty.

6.2.4 Plaintiff has suffered damages in an amount not exceeding the Vehicle’s purchase price, together with incidental and consequential damages permitted by law.

6.3 Count III – (Optional) Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq.

6.3.1 Plaintiff incorporates by reference paragraphs 1 through 6.2.4.

6.3.2 The Vehicle is a “consumer product,” and Plaintiff is a “consumer” under 15 U.S.C. § 2301(1) & (3).

6.3.3 Defendants’ failure to honor the express warranty violates 15 U.S.C. § 2310(d).

6.3.4 Plaintiff is entitled to damages, costs, and reasonable attorneys’ fees under 15 U.S.C. § 2310(d)(2).

7. REQUEST FOR INJUNCTIVE RELIEF

Pursuant to 12 O.S. § 1382 and the Act, Plaintiff seeks:

a. A permanent injunction directing Manufacturer to either:
i. Replace the Vehicle with a new, comparably equipped vehicle of equal or greater value; or
ii. Accept return of the Vehicle and refund the full contract price, including taxes, title, registration, finance charges, and any collateral charges;

b. An order compelling Defendants to cancel any loan or security interest related to the Vehicle upon replacement or refund; and

c. Such other equitable relief as the Court deems just and proper.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendants, jointly and severally, as follows:

1. Compensatory damages in an amount not to exceed the Vehicle’s purchase price of $[___], minus any statutory allowance for use;
2. Incidental and consequential damages, including but not limited to towing, rental, and alternative transportation costs;
3. Reasonable attorneys’ fees, expert fees, and costs of suit as permitted by the Act and 15 U.S.C. § 2310(d)(2);
4. Pre-judgment and post-judgment interest as allowed by law;
5. Injunctive relief as set forth in Section 7; and
6. Such other and further relief as the Court deems just and equitable.

9. DEMAND FOR JURY TRIAL

Plaintiff hereby demands trial by jury on all issues so triable as a matter of right under Okla. Const. art. 2, § 19 and 12 O.S. § 556.

10. VERIFICATION & CERTIFICATION

I, [PLAINTIFF FULL LEGAL NAME], being duly sworn, state under penalty of perjury that I have read the foregoing Complaint, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.

Date: [MONTH] [DAY], [YEAR]

_________________________________
[PLAINTIFF NAME], Plaintiff

State of Oklahoma )
County of _______ ) ss.

Subscribed and sworn to before me this ___ day of ____________, 20__.

_________________________________
Notary Public
My Commission Expires: ___________

11. SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[ATTORNEY NAME], OBA No. [___]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEYS FOR PLAINTIFF

OPTIONAL SCHEDULING REQUESTS & STATUTORY NOTICES

END OF DOCUMENT