LEMON LAW DEMAND LETTER

STATE OF OKLAHOMA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: OKLAHOMA LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Oklahoma Motor Vehicle Commission Code - Lemon Law, 47 Okla. Stat. Section 901 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. OKLAHOMA LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Oklahoma Motor Vehicle Commission Code - Lemon Law, 47 Okla. Stat. Section 901 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under 47 Okla. Stat. Section 901(1), a "motor vehicle" means:
- A new vehicle purchased or leased in Oklahoma
- Used primarily for personal, family, or household purposes
- Excludes: Motor homes, motorcycles, and vehicles with a gross vehicle weight rating over 10,000 pounds

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Oklahoma's Lemon Law.

C. Coverage Period

Oklahoma's Lemon Law applies during:
- The Lemon Law Rights Period: The term of the express warranty OR one year following the date of original delivery, whichever comes first. 47 Okla. Stat. Section 902(B).

D. Presumption of Nonconformity

Under 47 Okla. Stat. Section 903(B), there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times without success; OR

2. Days Out of Service: The vehicle has been out of service by reason of repair for 45 or more calendar days (need not be consecutive).

E. Manufacturer Notice Requirement

Under 47 Okla. Stat. Section 903(C), the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has ten (10) days from receipt of the notice to make a final attempt to cure the nonconformity.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use and value as required under 47 Okla. Stat. Section 902(A):

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Oklahoma Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Oklahoma law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 4-repair threshold under 47 Okla. Stat. Section 903(B)(1).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, exceeding the 45-day threshold under 47 Okla. Stat. Section 903(B)(2).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under 47 Okla. Stat. Section 903(D), if [MANUFACTURER] sponsors an informal dispute settlement procedure that is certified by the Oklahoma Motor Vehicle Commission as complying with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has a state-certified arbitration program. Our Client will participate in the process but is not bound by the decision and may reject it and proceed to court.

[ ] [MANUFACTURER] does not have a state-certified informal dispute settlement procedure in Oklahoma, and therefore the consumer may proceed directly to court.

VIII. DEMAND FOR RELIEF

Pursuant to 47 Okla. Stat. Section 902(A), we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under 47 Okla. Stat. Section 902(A)(1), the manufacturer must refund:

The reasonable allowance for use is calculated by multiplying the full contract price by a fraction having as its denominator 100,000 and the number of miles the vehicle was driven prior to the consumer's first report of the nonconformity as its numerator. 47 Okla. Stat. Section 902(A)(1).

[ ] REPLACEMENT

Under 47 Okla. Stat. Section 902(A)(2), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees and Costs: Under 47 Okla. Stat. Section 903(E), a prevailing consumer may recover reasonable attorney's fees and costs.

2. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

3. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under 47 Okla. Stat. Section 903(C). The manufacturer has ten (10) days from receipt of this notice to cure the nonconformity.

Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured within the 10-day period, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within ten (10) days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] File suit in the appropriate Oklahoma court
[ ] Report this matter to the Oklahoma Motor Vehicle Commission

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use and value. Our Client is entitled to a refund or replacement under Oklahoma law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Oklahoma Motor Vehicle Commission
Oklahoma Attorney General - Consumer Protection Unit

OKLAHOMA LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR OKLAHOMA

1. Higher Thresholds: Oklahoma requires 4 repair attempts (vs. 3 in many states) and 45 days out of service (vs. 30 in many states). Ensure client meets these higher thresholds.

2. Short Coverage Period: The lemon law rights period is only 1 year or the warranty term, whichever is shorter. Act quickly.

3. Personal Use Requirement: The vehicle must be used primarily for personal, family, or household purposes. Commercial vehicles are excluded.

4. State-Certified Arbitration: Oklahoma requires the arbitration program to be certified by the Oklahoma Motor Vehicle Commission, not just FTC-compliant.

5. Written Notice Critical: The statute requires written notice to the manufacturer before invoking remedies. This letter satisfies that requirement.

6. Calendar Days: Oklahoma uses calendar days (not business days) for the out-of-service calculation.

7. Document Everything: Maintain detailed records of all repair attempts, including dates, mileage, and repair orders.

8. Motor Vehicle Commission: The Oklahoma Motor Vehicle Commission oversees lemon law matters and certifies arbitration programs.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Oklahoma attorney before use.