does the lemon law apply?

On October 23 I went to lease a used vehicle. I paid 500 dollars on the down payment. Then my monthly payments were to start the following month, BUT on the 26 th the car broke down. I called the place where i got the car from that Friday, but all he said was "fix it". I told him I wanted my money back, and that was his reply. About 2 weeks later I called him back and told him to come get the car, that i was not going to pay for it when it had been sitting all this time, then he tried to work something out with me. He said how about I work on it and you pay half and I'll pay the other half? I told him that i would consult with my husband first. We gave the car back, because the people who had it before had problems with it also, which we did not find out til after we gave the car back.What I want to know is can I still get my money back from this guy? Does my situation apply under the lemon law? My state is Oklahoma.
I wanted to add that there were numerous things wrong with this car all that we did not find out until after it broke down. We only had it for 4 days, and it broke down.

[Edited by bonebaby on 11-27-2000 at 12:16 PM]

As I work for an auto finance company--my best advise to you is to call the company with whom financed this vehical. As to my knowledge you should be entitled to a full refund if the vehical was classified as a total loss and/or non-repairable within the first 30-days of purchase. If the vehical is fixable it is the dealerships responsibility to fix any/all problems--however you are still responsible for payment on the car unless it is a total loss or is agreed to by the dealership.

Any/all advise is strictly by personal opinion and is not to be taken in a legal sense

Thank you JENNIFERALISE for your advice.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Did you get a warranty? How old was the car? If the car lease dealer kept certain information from you: prior accidents, etc, you may be able to void the deal based on fraud.

Usually state lemon laws refer to new cars, but here is what I could find for you:
Oklahoma Lemon Law:
15-901.

§15-901.


A. As used in this act:
1. "Consumer" means the purchaser, other than for purposes of
resale, of a motor vehicle, any person to whom such motor vehicle is
transferred during the duration of an express 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 Motor Vehicle License and Registration Act,
Sections 22 et seq. of Title 47 of the Oklahoma Statutes, excluding
vehicles above ten thousand (10,000) pounds gross vehicle weight and
the living facilities of motor homes.
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 express
warranties or during the period of one (1) year following 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 repairs as are necessary to conform the
vehicle to such express warranties, notwithstanding the fact that
such repairs are made after the expiration of such term or such
one-year period.
C. If the manufacturer, or its agents or authorized dealers are
unable to conform the motor vehicle to any applicable express
warranty by repairing or correcting any defect or condition which
substantially impairs the use and value of the motor vehicle to the
consumer after a reasonable number of attempts, the manufacturer
shall replace the motor vehicle with a new motor vehicle or accept
return of the vehicle from the consumer and refund to the consumer
the full purchase price including all taxes, license, registration
fees and all similar governmental fees, excluding interest, 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 that
amount directly attributable to use by the consumer prior to his
first written report of the nonconformity to the manufacturer, agent
or dealer and during any subsequent period when the vehicle is not
out of service by reason of repair. It shall be an affirmative
defense to any claim under this act (1) that an alleged nonconformity
does not substantially 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 presumption described in this subsection 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 defect alleged.
D. It shall be presumed that a reasonable number of attempts
have been undertaken to conform a motor vehicle to the applicable
express warranties, if (1) the same nonconformity has been subject to
repair four or more times by the manufacturer or its agents or
authorized dealers within the express warranty term or during the
period of one (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 reason of repair for a cumulative total of forty-five (45) or more
calendar 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 forty-five-day period shall be extended by any period
of time during which repair services are not available to the
consumer because of a war, invasion, strike or fire, flood or other
natural disaster.
E. Nothing in this act shall in any way limit the rights or
remedies which are otherwise available to a consumer under any other
law.
F. If a manufacturer has established an informal dispute
settlement procedure which complies in all respects with the
provisions of Title 16, Code of Federal Regulations, Part 703, as
from time to time amended, the provisions of subsection C of this
section concerning refunds or replacement shall not apply to any
consumer who has not first resorted to such procedure.






General summary:
Any motor driven vehicle required to be registered, excluding vehicles above 10,000 pounds GVW and the living facilities of motor homes.
4 repair attempts or 45 days out of service.
Warranty period or 1 year.