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SENATE FLOOR VERSION
April 4, 2022
ENGROSSED HOUSE
BILL NO. 3217 By: Roberts (Dustin) of the
House
and
Montgomery of the Senate
An Act relating to contracts; amending 15 O.S. 2021,
Section 901, which relates to repair of m otor
vehicles under warranty; modifying definition; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 15 O.S. 2021, Section 901, is
amended to read as follows:
Section 901. A. As used in this section:
1. "Consumer" means the purchaser, othe r than for purposes of
resale, of a motor vehicle, any pe rson to whom such motor vehicle is
transferred during the duration of an exp ress warranty applicable to
such motor vehicle, and any other person entitled by the terms of
such warranty to enforce the obligations of the warranty; and
2. "Motor vehicle" means any motor-driven vehicle required to
be registered under the Oklahoma Motor Vehicle License and
Registration Act, excludi ng vehicles above ten thousand (10,000)
pounds gross vehicle weight and the living facilities of motor
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homes. A recreational vehicle, as defined in Section 1-152.1 of
Title 47 of the Oklahoma Statutes, regardless of the weight of the
recreational vehicle, shall be considered a motor vehicle for the
purposes of this section.
B. For the purposes of this act, if a new motor vehicle does
not conform to all applicable express warranties, and the consumer
reports the nonconformity , directly in writing, to the manufacturer,
its agent or its authorized dealer during the term of such exp ress
warranties or during the period of one (1) year follo wing the date
of original delivery of the motor vehicle to a consumer, whichever
is the earlier date, the manufacturer, its agent or its authorized
dealer shall make such repair s as are necessary to conform the
vehicle to such express warranties, notwithst anding the fact that
such repairs are made after the expiration of such term or such one -
year period.
C. If the manufactur er, or its agents or authorized dealers are
unable to conform the motor veh icle to any applicable express
warranty by repairing or co rrecting any defect or condition whic h
substantially impairs the use and value of the motor vehicle to the
consumer after a reasonable number of attempts, the manufacturer
shall either accept a return of the vehicle from the consumer and
refund to the consumer the full purchase price includin g all taxes,
license, registration fees and all similar governmental fees,
excluding interest, less a reasonable allowance for the consumer 's
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use of the vehicle or replace the motor vehicle with a comparable
new model acceptable to the consumer. If a comp arable model vehicle
cannot be agreed upon, the purchase price shall be refunded less a
reasonable allowance for the consumer's use of the vehicle. Refunds
shall be made to the consumer, and lienholder if any, as their
interests may appear. A reasonable allowance for use shall be the
purchase or lease price of the new motor vehicle multip lied by a
fraction having as the denominator one hundr ed twenty thousand
(120,000) miles and having as the numerator the miles direct ly
attributable to use by the consume r beyond fifteen thousand (15,000)
miles. It shall be an affirmative defense to any c laim under this
act:
1. That an alleged nonconformity does not substantial ly impair
such use and value; or
2. That a nonconformity is the result of abuse, neglect or
unauthorized modifications or alterations of a motor vehicle.
In no event shall the pres umption described in this subsection
apply against a manufacturer unless th e manufacturer has received
prior direct written notificat ion from or on behalf of the consumer
and has had an opportunity to cure the defect alleged.
D. It shall be presumed that a reasonable number of attempts
have been undertaken t o conform a motor veh icle to the applicable
express warranties, if :
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1. The same nonconformity has been subject to r epair four or
more times by the manufacturer or its agents or authorized dealers
within the express warranty term or during the period of on e (1)
year following the date of original delivery of the motor vehicle to
a consumer, whichever is the earlier date , but such nonconformity
continues to exist; or
2. The vehicle is out of service by r eason of repair for a
cumulative total of thirty (30) business days during such term or
during such period, whichever is the earlier date.
The term of an express warranty , such one-year period and such
thirty-day period shall be extended by any period of t ime during
which repair services are not available to the consumer because of a
war, invasion, strike , fire, flood or other natural d isaster.
E. Nothing in this act shal l in any way limit the rights or
remedies which are otherwise available to a consumer under any other
law.
F. If a manufacturer has establi shed an informal disp ute
settlement procedure which complies in all respects wi th the
provisions of Title 16, Code o f Federal Regulations, Part 703, as
from time to time amended, the provisions of subse ction C of this
section concerning refunds or replacem ent shall not apply t o any
consumer who has not first resorted to such procedur e.
G. The Oklahoma Attorney General shall prepare and place on the
Attorney General's website a written statement explaini ng the rights
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of a purchaser under this law. The deal er shall provide to t he
purchaser at the time of the original purchase of a new motor
vehicle the written statement prepared by the Attorney General.
H. Vehicles returned pursuant to the provisions of this act may
not be resold in this state unless:
1. The manufacturer provi des the same express warranty the
manufacturer provided th e original purchaser, except that the term
of the warranty need only last for twelve thousand (12,000) miles or
twelve (12) months after the date of resale, whichever is earlier ;
or
2. The manufacturer, through the licensed dealer, provides the
consumer with a written statement on a separate piece of paper that
clearly discloses the reason or reasons the vehicle was reacquire d
by the manufacturer.
I. Notwithstanding the provisi ons of subsection H o f this
section, returned vehicles shall not be resold if a new motor
vehicle has been returned pursuant to the provisions of this act or
a similar statute in another state because o f nonconformity
resulting in a complete failure of the braking or steering system
likely to cause death or serious bodily injury if t he vehicle is
driven.
J. In any civil action pursuant to this section wherein the
consumer is the prevailing party in the civil action, the consumer
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shall recover all costs and reasonable attorney fees as determined
by the court.
SECTION 2. This act shall become effective November 1, 20 22.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
April 4, 2022 - DO PASS