WHEELCHAIR LEMON LAW
Wheelchair Warranty, Wheelchair Lemon Law, and Scooter Warranty Law
Did you purchase or lease a wheelchair from the Scooter Store or Hoveround? Are you having a difficult time getting them to repair it? In Oklahoma, by law, if your wheelchair or power scooter is out of service for at least 30 days within the written wheelchair warranty or scooter warranty period, the manufacturer must provide you with your choice of a full refund or a brand new replacement chair!
While many people have heard about the lemon law for cars, many people don’t know that there is a Wheelchair Lemon Law in Oklahoma, just like there is in many other states. The law actually applies to all “assistive devices,” which includes wheelchairs and power scooters. Under the law, people with disabilities who purchase or lease wheelchairs or scooter that don’t work can get the item replaced or refunded.
Hopefully, there is no need for you to hire an attorney. The law is structured so that consumers should be able to obtain relief without the help of a lawyer. However, when manufacturers don’t comply with the law, the Oklahoma Defective Assistive Device Act provides that the manufacturer of the defective chair must pay for your lawyer, allowing you to hire us without any cost to you!
The Oklahoma Defective Assistive Device Act is the Oklahoma Wheelchair Lemon Law.
Here’s what you need to do in order to see if you qualify under the law:
1. Check your written warranty. If your wheelchair or power scooter is still within the written wheelchair warranty (usually 1-2 years), then the law applies. If the wheelchair is outside of the warranty period, call us. You still may have remedies available to you under federal warranty laws.
2. Has your wheelchair or power scooter been repaired at least 4 times for the same problem and the problem still exists? If so, you are eligible for a refund or a replacement.
3. Has your wheelchair or power scooter been out of service (in repair) for at least 30 days during the written warranty period? (Note: 30 days do not need to be cumulative). If so, you are eligible for a refund or a replacement.
4. If either No. 3 or No. 4 above applies to you, you must send the manufacturer (not the dealer) a certified letter. (Very Important Tip: Make a copy of the letter after you sign it, and ask for delivery confirmation so you know they received it!) This letter may be handwritten and needs to only contain the following:
- Clearly write your name, address, and serial number of your wheelchair;
- Offer to transfer the chair back to them, and
- Demand they provide you with a refund or a replacement under the Oklahoma Defective Assistive Device Act.
- IMPORTANT: Make a copy of your letter before you send it and ask the post office for delivery confirmation. Save the delivery confirmation with your copy of the letter when you receive it.
- Once the manufacturer receives your letter, it has only 30 days to provide you with a refund or a replacement. Only after the manufacturer has provided the refund to must you give the wheelchair back to them.
No state agency has enforcement authority over the wheelchair lemon law. The Attorney General’s Office will not prosecute these claims–they have left this area up to you, the consumer. However, if the manufacturer doesn’t do what you tell them, we can help you at no cost.