Lemon Law Demand Letter — Oklahoma

OKLAHOMA MOTOR VEHICLE WARRANTY NOTICE AND DEMAND

SENT BY TRACKED DELIVERY — RETAIN PROOF OF RECEIPT

Date: [__/__/____]

To Manufacturer:

[MANUFACTURER'S FULL LEGAL NAME]

Attn: Warranty Claims / Consumer Relations

[ADDRESS]

Copy to Authorized Dealer:

[DEALER NAME]

Attn: General Manager / Service Manager

[ADDRESS]

Re: Direct written notice, cure opportunity, and demand under 15 O.S. § 901

Consumer: [NAME]

Vehicle: [YEAR / MAKE / MODEL]

VIN: [VIN]

Original delivery: [DATE]

Current odometer: [MILES]

Dear Sir or Madam:

I represent [CONSUMER] concerning the Vehicle identified above. This letter gives the manufacturer direct written notification and a reasonable opportunity to cure under 15 O.S. § 901(C). If the cure does not conform the Vehicle to its express warranty after a reasonable number of attempts, the manufacturer must provide the subsection (C) replacement or refund remedy.

1. CONSUMER AND COVERED VEHICLE

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

If the claimant leased rather than purchased the Vehicle, the qualifying transfer or warranty-enforcement basis is [DETAILS; ORDINARY LESSEE STATUS ALONE IS NOT EXPRESSLY LISTED].

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 § 901(A)(2).

2. TIMELY DIRECT WRITTEN REPORT

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].

Before that earlier date, on [DATE], the Consumer reported the following nonconformity directly in writing to [MANUFACTURER / AGENT / AUTHORIZED DEALER]: [DESCRIBE PRECISELY].

Under § 901(B), the manufacturer, 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.

3. NONCONFORMITY AND DEFENSE FACTS

The uncorrected defect or condition is:

[DETAILS]

It substantially impairs both:

• Use: [DETAILS]
• Value: [DETAILS]

It did not result from abuse, neglect, or unauthorized modification or alteration by the Consumer.

4. REPAIR HISTORY

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

5. REASONABLE-NUMBER PRESUMPTION

Select each supported ground under § 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 the manufacturer, 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.
• ☐ Independent showing. Even if a presumption is disputed, the attached record shows a reasonable number of unsuccessful attempts: [DETAILS].

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].

Oklahoma has no separate single-repair safety presumption. Safety facts may support the required impairment of both use and value but do not replace the repair history.

6. DIRECT MANUFACTURER NOTICE AND OPPORTUNITY TO CURE

This letter is the prior direct written notification required before the presumption may apply against the manufacturer under § 901(C).

Please contact [NAME / PHONE / EMAIL] promptly to arrange a reasonable opportunity to cure at [FACILITY / LOCATION]. The Vehicle will be made available on [DATES OR CONDITIONS].

Section 901 sets no fixed cure period, no mandatory mailing method, and no fixed response deadline. The cure must address the continuing nonconformity documented above and should be recorded in a complete written repair order.

7. INFORMAL DISPUTE-SETTLEMENT PROCEDURE

Under § 901(F), the subsection (C) refund-or-replacement remedy does not apply until the Consumer first resorts to a manufacturer procedure only if that procedure complies in all respects with 16 C.F.R. Part 703.

Select the applicable status:

• ☐ No such qualifying manufacturer procedure has been identified. Please identify any procedure the manufacturer contends applies and provide its current rules and compliance basis.
• ☐ The manufacturer identified [PROGRAM]. The Consumer submitted the claim on [DATE]; the proceeding ended on [DATE] with [RESULT].
• ☐ The Consumer is submitting the claim to [PROGRAM] concurrently with this demand.

8. STATUTORY REMEDY AND CALCULATION

If the manufacturer, its agents, or its authorized dealers cannot conform the Vehicle after a reasonable number of attempts, § 901(C) requires the manufacturer to choose between:

1. Accepting return and refunding the full purchase price, including taxes, license fees, registration fees, and similar governmental fees, excluding interest, less the statutory use allowance; or
2. Replacing the Vehicle with a comparable new model acceptable to the Consumer.

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

Refund Calculation

The reasonable allowance for use equals:

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

If attributable use did not exceed 15,000 miles, the allowance is zero.

The refund excludes interest and must be paid to the Consumer and any lienholder as their interests appear. This § 901 calculation does not add finance charges, incidental or consequential damages, lost wages, towing, rental costs, or expert fees.

9. COSTS, ATTORNEY FEES, AND RESPONSE

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

Section 901 states no civil-action filing deadline. Counsel must identify and calendar the currently applicable limitations rule separately.

Please respond in writing by [REQUESTED DATE] with:

1. The cure appointment and proposed work;
2. The manufacturer's position on the four-repair and 30-business-day facts;
3. The identity and rules of any § 901(F) procedure; and
4. If cure fails or has already failed, the manufacturer's selected comparable replacement or correctly calculated refund.

This demand does not waive other remedies preserved by § 901(E). Each separate claim requires its own legal and factual basis.

Respectfully submitted,

[ATTORNEY NAME], OBA No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

10. ENCLOSURE CHECKLIST

• ☐ Transaction, registration, weight or RV classification, warranty, and lien documents
• ☐ Direct written reports, repair orders, and business-day calculation
• ☐ Current-condition and use/value impairment evidence
• ☐ Prior manufacturer communications
• ☐ Part-703 procedure materials, if applicable
• ☐ Refund and statutory use-allowance calculation
• ☐ Proof of delivery for this notice and demand

11. 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