what is the oklahoma lemon law on a used vehicle purchase?
State/Country relating to question: Oklahoma
i purchased a car, paying 2 times what it is worth, from a buy here pay here dealer with a bumper to bumper warranty. i have taken it in 3 times for repairs and the last time they had the car for 5 weeks, however, they still have not resolved the issues. what can i do? I don't have time to keep messing with this. I have honored my end, however I don't feel like they are honoring their end and now they want me to trade into a more expensive car.
Hello, I will be happy to assist you with your question. Please note that I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question. I DO NOT receive credit for my work until you rate my answer as OK service” or higher. Please DO NOT RATE MY ANSWER as "Bad service" or "Poor service" (or the 2 stars on the left if you see stars), as such a rating leaves negative feedback for me personally. Instead, if you feel one of those ratings would be appropriate, please reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have, and I will be happy to continue further and do everything I can to provide you with the service you seek.Your Answer:The lemon law itself applies only to sales/purchases of new vehicles. It does not cover used vehicles.http://www.lemonlawamerica.com/oklahoma-lemon-law-statutes.htm
However, if facts were misrepresented to you to get you to buy the car, they may be liable for fraudulent practices, which could provide you a ground to rescind the sales/purchase contract.The federal trade commission also has a used car rule to prevent fraud. If that rule was not complied with, you may have an additional claim to rescind the contract.Here is an article regarding the FTC's used car rule:http://www.ftc.gov/bcp/guides/usedcar-comply.shtm
As for them not honoring the warranty, you likely have a very good breach of warranty claim against the company. That wouldn't let you get out of the purchase of the vehilce, but you might be able to get damages from them if you sue in small claims court.
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Experienced in general consumer protection law
Just to clarify part of my answer, there actually may be a ground for you to rescind the contract based on breach of warranty. It's not guaranteed, but is a possibility (it depends on the terms of the contract, terms of the warranty, nature of the breach of warranty, etc.).
It's certainly something to speak to a local attorney about.
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