Lemon Law Demand Letter — Oklahoma

OKLAHOMA LEMON LAW DEMAND AND FINAL REPAIR OPPORTUNITY NOTICE

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND OVERNIGHT DELIVERY (SIGNATURE REQUIRED)

Date: [__/__/____]

To: [________________________________]
(Manufacturer)
ATTN: Consumer Relations / Legal Department
[________________________________]
[________________________________]

Copy to: [________________________________]
(Delivering / Servicing Dealer)
ATTN: General Manager
[________________________________]
[________________________________]

Re: OKLAHOMA LEMON LAW DEMAND — STATUTORY NOTICE UNDER 15 O.S. § 901 et seq.
FINAL REPAIR OPPORTUNITY NOTICE
Consumer: [________________________________]
Vehicle: [____] [________] [________] ([____] Trim)
VIN: [________________________________]
Date of Delivery: [__/__/____]
Current Odometer: [____] miles

I. PURPOSE OF THIS LETTER

This firm represents [CONSUMER NAME] ("Consumer") regarding the above-referenced new motor vehicle, which fails to conform to express warranties and qualifies as a "lemon" under the Oklahoma New Motor Vehicle Warranties Act, 15 O.S. §§ 901–909 ("Oklahoma Lemon Law"). This letter constitutes:

1. Formal written notification to the manufacturer as required by 15 O.S. § 901, triggering the manufacturer's statutory right to a final repair opportunity; and
2. Demand for replacement or refund under 15 O.S. § 901(B), together with incidental damages, collateral charges, and attorney's fees recoverable under the statute.

II. OKLAHOMA LEMON LAW FRAMEWORK

A. Governing Statute

The Oklahoma Lemon Law is codified at 15 O.S. §§ 901–909, enacted to protect Oklahoma consumers who purchase or lease defective new motor vehicles.

B. Covered Vehicles — 15 O.S. § 901

Oklahoma's Lemon Law covers:

• New motor vehicles sold in Oklahoma
• Purchased or leased primarily for personal, family, or household purposes
• With a gross vehicle weight rating (GVWR) under 10,000 pounds

Expressly excluded: motor homes, mopeds, motorcycles, and vehicles over 10,000 lbs GVWR.

The subject vehicle is a [____] [________] [________], VIN [________________________________], with a GVWR of [____] lbs, used primarily for personal use, and is therefore within the coverage of the Oklahoma Lemon Law.

C. Coverage Period — 15 O.S. § 901

The defect must be reported to the manufacturer, its agent, or authorized dealer within whichever is the earlier of:

1. One (1) year following the date of original delivery of the motor vehicle; OR
2. Twelve thousand (12,000) miles of operation.

Oklahoma's coverage window is shorter than most states' — one year / 12,000 miles rather than the two-year / 24,000-mile standard common elsewhere. Prompt reporting and documentation are essential.

D. Reasonable Number of Repair Attempts — Statutory Presumption

Under 15 O.S. § 901, it is presumed that a reasonable number of attempts have been undertaken to conform the vehicle to applicable express warranties if, within the coverage period:

1. The same nonconformity has been subject to repair four (4) or more times by the manufacturer or its agents and the nonconformity continues to exist; OR

2. The vehicle has been out of service by reason of repair for a cumulative total of thirty (30) or more calendar days.

Note: Oklahoma's out-of-service threshold is 30 days, which is less than some jurisdictions (45 days). This provides an alternative qualification path for vehicles with multiple distinct defects or extended repair durations.

E. Written Notice Requirement — 15 O.S. § 901

Critical Oklahoma rule: The statutory presumption does not 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 alleged defect. 15 O.S. § 901.

THIS LETTER CONSTITUTES THE REQUIRED DIRECT WRITTEN NOTIFICATION TO THE MANUFACTURER.

The manufacturer is entitled to a final opportunity — typically ten (10) calendar days — to cure the nonconformity. During this period, Consumer will make the vehicle reasonably available.

F. Remedies — 15 O.S. § 901(B)

If the manufacturer cannot conform the vehicle to applicable express warranties after a reasonable number of attempts, the manufacturer shall, at the consumer's option:

1. Replace the motor vehicle with a new motor vehicle acceptable to the consumer; OR

2. Accept return of the vehicle and refund:
   - The full purchase price;
   - All collateral charges (sales tax, license and registration fees, and similar governmental fees);
   - Less a reasonable allowance for use.

G. Oklahoma Use-Allowance Formula

Oklahoma's use allowance is calculated by the statutory formula:

Use Allowance = (Purchase Price) × (Miles at First Report of Nonconformity ÷ 100,000)

The 100,000-mile denominator (rather than 120,000 used in some states) means Oklahoma's use allowance is slightly higher per mile than many neighboring states.

H. Attorney's Fees — 15 O.S. § 901

A consumer who prevails in an action under the Oklahoma Lemon Law is entitled to recover reasonable attorney's fees and court costs.

I. Informal Dispute Settlement / Arbitration

If the manufacturer has established an informal dispute settlement procedure that substantially complies with the federal rules promulgated under the Magnuson-Moss Warranty Act (16 C.F.R. Part 703) and that is certified by the Oklahoma Motor Vehicle Commission, the consumer must first resort to that procedure before commencing a civil action under the Lemon Law. A decision of such procedure is not binding on the consumer.

• BBB Auto Line is the primary Oklahoma-certified program for many manufacturers (e.g., GM, Honda, Hyundai, Kia, Nissan, Toyota).
• If no certified program exists, Consumer may proceed directly to court.

III. VEHICLE AND TRANSACTION INFORMATION

IV. DEFECT(S) AND NONCONFORMITY

Primary Nonconformity

Description: [________________________________]
First Reported: [__/__/____] at [____] miles
Substantial impairment of: ☐ Use ☐ Value ☐ Safety
Narrative: [________________________________]

Secondary Nonconformities (if any)

• [________________________________]
• [________________________________]

V. REPAIR HISTORY — QUALIFYING ATTEMPTS UNDER 15 O.S. § 901

Attempt #1

Attempt #2

Attempt #3

Attempt #4

Summary

VI. OKLAHOMA LEMON LAW QUALIFICATION

The vehicle qualifies under 15 O.S. § 901 as follows:

☐ Four-Repair Presumption Met. The same nonconformity has been subject to repair [____] times (four or more), and the defect continues to exist.

☐ Thirty-Day Out-of-Service Presumption Met. The vehicle has been out of service by reason of repair for a cumulative total of [____] calendar days (thirty or more).

☐ Safety-Related Defect. The defect substantially impairs the safety of the vehicle, triggering additional warranty obligations under Oklahoma law.

☐ Within Coverage Window. All qualifying repair attempts occurred within the earlier of one (1) year from delivery or 12,000 miles of operation.

☐ Prior Written Notification Given. This letter constitutes prior direct written notification to the manufacturer as required by 15 O.S. § 901.

VII. COMPANION CLAIMS

A. Magnuson-Moss Warranty Act — 15 U.S.C. § 2301 et seq.

Consumer asserts companion claims under the federal Magnuson-Moss Warranty Act, which provides attorney's fees to prevailing consumers for breach of express and implied warranties.

B. Oklahoma UCC Warranty Claims — 12A O.S. § 2-313 et seq.

Consumer asserts claims for breach of express warranty (12A O.S. § 2-313) and implied warranty of merchantability (12A O.S. § 2-314). The vehicle fails the ordinary-purpose standard of merchantability.

C. Oklahoma Consumer Protection Act — 15 O.S. § 751 et seq.

To the extent this matter involves misrepresentations or unfair trade practices, Consumer reserves claims under the Oklahoma Consumer Protection Act, including the private right of action under 15 O.S. § 761.1 (actual damages, attorney's fees, and costs).

VIII. DEMAND FOR RELIEF

Pursuant to 15 O.S. § 901(B), Consumer demands [SELECT ONE]:

☐ REPLACEMENT VEHICLE — A comparable new [____] [________] [________] acceptable to Consumer, with equivalent trim, options, and value.

☐ REFUND / REPURCHASE:

Plus:

• Full payoff of lienholder balance directly to [________________________________]
• Attorney's fees incurred to date: $[____]
• Costs, reserved

IX. FINAL REPAIR OPPORTUNITY — 15 O.S. § 901

This letter affords the manufacturer the final repair opportunity required under 15 O.S. § 901. Please contact the undersigned within five (5) business days of receipt to schedule the final attempt at a dealership reasonably convenient to Consumer in [____] County, Oklahoma. The manufacturer has ten (10) calendar days from such contact to cure the nonconformity. Failure to cure will complete Consumer's statutory prerequisites to seeking full relief.

X. DOCUMENT PRESERVATION NOTICE

Manufacturer and its authorized dealers are directed to preserve all documents relating to this vehicle, including but not limited to:

• All repair orders, warranty claims, and diagnostic scan data
• Technical Service Bulletins (TSBs) and Recall Notices touching the alleged defect
• Engineering analyses, root-cause investigations, and field reports
• Customer complaint records and NHTSA VOQ data
• Internal communications between dealer and manufacturer concerning this VIN
• Dealer inspection videos, test-drive recordings, and photographs
• The original purchase/lease file
• The vehicle itself — do not crush, auction, or alter

Spoliation of any of these materials will be the subject of a motion for sanctions and adverse-inference instructions under Oklahoma law.

XI. REQUEST FOR RESPONSE

Please respond in writing within ten (10) calendar days with:

1. Manufacturer's position on Oklahoma Lemon Law qualification;
2. Acceptance of Consumer's election of replacement or refund;
3. If replacement: proposed comparable vehicle and delivery timeline;
4. If refund: itemized calculation of amounts due; or
5. Designation of the state-certified arbitration forum (e.g., BBB Auto Line).

If no satisfactory response is received, Consumer will:

☐ File a complaint with the Oklahoma Motor Vehicle Commission (informational);
☐ File a complaint with the Oklahoma Attorney General — Consumer Protection Unit;
☐ Initiate arbitration through the manufacturer's Oklahoma-certified program; and/or
☐ File suit in the District Court of [____] County, Oklahoma, or in the U.S. District Court for the Western, Northern, or Eastern District of Oklahoma.

XII. RESERVATION OF RIGHTS

All rights, claims, and remedies under state and federal law are expressly reserved. This letter is written without prejudice.

Respectfully,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME], OBA # [____]
[________________________________]
[________________________________]
Tel: [________________________________]
Email: [________________________________]

Attorneys for [CONSUMER NAME]

Enclosures:
☐ Purchase / lease agreement and buyer's order
☐ Window sticker / Monroney label
☐ Vehicle registration and title
☐ Copies of all repair orders (chronological)
☐ Warranty booklet
☐ Consumer's diary of defect episodes
☐ Photographs and videos of defect
☐ Prior correspondence with dealer/manufacturer

cc:

• [CONSUMER NAME] (Client)
• Lienholder: [________________________________]
• Oklahoma Motor Vehicle Commission, 421 N.W. 13th St., Suite 330, Oklahoma City, OK 73103
• Oklahoma Attorney General — Consumer Protection Unit
• File

OKLAHOMA-SPECIFIC NOTES

1. Short Coverage Window. Oklahoma's 1-year / 12,000-mile coverage window is notably shorter than many states. Dealer and manufacturer reporting during this window is critical — a defect first reported outside the window loses the statutory presumption even if later repair attempts bring the total within the four-attempt / 30-day thresholds.

2. Written Notification Is a Prerequisite. Oklahoma is one of the states where the statutory presumption expressly does not apply unless the manufacturer has received prior direct written notice and an opportunity to cure. Skip this step and the consumer loses the most valuable litigation tool — the rebuttable presumption of qualification.

3. Thirty-Day (Not Forty-Five-Day) Out-of-Service Threshold. Oklahoma's 30-day cumulative out-of-service threshold is more consumer-friendly than the 45-day threshold used in several neighboring states.

4. Use Allowance Formula — 100,000 Denominator. Oklahoma's statutory use allowance uses a 100,000-mile denominator (some other states use 120,000), resulting in a slightly higher per-mile offset.

5. Oklahoma Motor Vehicle Commission. The Oklahoma Motor Vehicle Commission certifies informal dispute settlement programs. Consumers should verify whether the manufacturer has an Oklahoma-certified program before filing suit.

6. 10,000-lb GVWR Ceiling. Heavier pickups and commercial trucks are excluded. Check the GVWR sticker, not marketing materials.

7. Lease Transactions. Lease transactions are covered. For lessees, the refund includes lease payments made, the capitalized cost reduction, and governmental fees; the use allowance is still calculated based on miles driven.

8. McGirt v. Oklahoma Consideration. Following McGirt v. Oklahoma, 591 U.S. 894 (2020), and its extensions, large portions of eastern Oklahoma are federally recognized Indian Country. Where a consumer is a tribal member and the transaction or service occurred on tribal land, counsel should evaluate whether tribal court jurisdiction is implicated.

9. Attorney-Fee Shifting. 15 O.S. § 901 fee-shifting applies only to prevailing consumers. Manufacturers do not get reciprocal fee recovery — a major practical advantage for Oklahoma consumers.

SOURCES AND REFERENCES

• 15 O.S. §§ 901–909 — Oklahoma New Motor Vehicle Warranties Act (Oklahoma Lemon Law)
• 15 O.S. § 751 et seq. — Oklahoma Consumer Protection Act
• 15 O.S. § 761.1 — OCPA private right of action
• 12A O.S. §§ 2-313, 2-314, 2-315 — Oklahoma UCC express and implied warranties
• 12 O.S. § 95 — Oklahoma statutes of limitations (5 yrs written contracts; 3 yrs oral)
• 15 U.S.C. § 2301 et seq. — Federal Magnuson-Moss Warranty Act
• 16 C.F.R. Part 703 — FTC Informal Dispute Settlement Procedures
• Oklahoma Motor Vehicle Commission, 421 N.W. 13th St., Suite 330, Oklahoma City, OK 73103
• Oklahoma Attorney General — Consumer Protection Unit, 313 N.E. 21st St., Oklahoma City, OK 73105
• McGirt v. Oklahoma, 591 U.S. 894 (2020) — tribal jurisdiction implications

This template is for informational purposes only and does not constitute legal advice. Oklahoma's short coverage window and written-notice prerequisite create traps for the unwary. Consult a licensed Oklahoma attorney before use.