Published November 05, 2009 03:44 pm - This new Lemon Law reforms bring Oklahoma in line with many other states.
Oklahoma car buyers finally see protection with lemon law
By Rep. George Faught
Local view
Starting this month, car buyers in Oklahoma can feel more secure when buying a new vehicle. Should your car turn out to be a lemon, you will now benefit from a clearer, simpler and better law.
This new Lemon Law reforms bring Oklahoma in line with many other states.
Consumers will find themselves on equal ground with manufacturers when deciding on how to fix a lemon vehicle. Before this law was enacted, the manufacturer called all the shots, often leaving the buyer feeling helpless with a long frustrating process that could take months to resolve.
This new law was the result of the experiences and subsequent efforts of a former Muskogee resident, Angie Vega, who discovered how difficult the old system was. It was her unwavering determination and lobbying efforts that kept this measure alive for five years. During my first term, she asked me to support this commonsense legislation, and I also became a co-author.
For many of us, a vehicle is the second and most expensive purchase we make after a house. For families, it is our main form of transportation to and from work, school and other daily activities. For small businesses, like mine, a dependable vehicle is critical to being able to earn a living.
If a consumer buys a new vehicle that ends up being a lemon, they should not be left “upside down” on the transaction — they deserve to quickly and fairly resolve the matter and get what they thought they bought, a dependable, working vehicle.
In addition to clearing up confusion about when “reasonable usage” fees apply (This is what the manufacturer charges the car buyer for the miles he or she put on the lemon car), the new law also designates a formula on how those fees are calculated. Our old law had no formula, leaving it up to the manufacturer to decide.
New car buyers will also receive a written statement of their lemon rights prepared by the Oklahoma Attorney General’s Office (found at oag.state.ok.us) at the time of purchase. This statement explains in plain language what their rights are.
The new law also offers added protections for those who purchase used cars that were returned under the lemon law. The manufacturer must have the returned vehicle title branded as a “Lemon Law Buyback” before the vehicle is sold, leased, transferred or sent to another state.
When a returned vehicle is resold, the manufacturer must offer the new buyer the same warranty provided the original purchaser, except the term of the warranty only lasts for 12,000 miles or 12 months after the date of resale, whichever is earlier, or provide the consumer with a written statement explaining why the car was returned under the Lemon Law.
No returned vehicle can be resold if it was returned in Oklahoma or any other state because of a defect resulting in a complete failure of the braking or steering systems likely to cause death or serious bodily injury if the vehicle is driven. We simply do not want those vehicles on our roads.
Feel free to access the attorney general’s Web site for additional tips on what to do if you suspect you have purchased a lemon vehicle.
This new law is great news for Oklahoma car buyers. It is also an example of how an ordinary citizen who sees a problem that needs fixing can bring his or her idea to the Legislature and improve things for the whole state.
I encourage you to contact my office if you have any suggestions about making state government work better for all of us.
State Rep. Faught, R-Muskogee, can be e-mailed byhref="mailto:george.faught@okhouse.gov">Clicking Here