Oklahoma Man's Dream Car Turns Into Nightmare exposes lack of enforcement of Oklahoma's Lemon Law
According to Kyle Brotherton, his luxury vehicle has been in the shop more than 40 days since purchase and is now insisting the dealership take it back.
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'I remember as a kid, I, I went to see my mom's family in Germany, and I got to see the Mercedes factory. And I said, you know, one day I'm going to I'm going to be able to afford a Mercedes. And so finally, you know, 35, 40 years later, I was able to do that', said Brotherton.
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Brotherton says, it was supposed to be a lifelong desire fulfilled but currently faces a daily disappointment after deliver of the vehicle at the end of July of 2023 came with a few issuesturned into problem after problem with multiple trips to the shop and word it was finally fixed.
'There were several issues, and the car was in the shop, uh, October, November and December.And it, they, they weren't able to fix the car. And so, we had to…I took the car back and took possession of the car again. And the car went back in the shop in February of 2024. So, since that time, the car's been in the shop over 365 days and for numerous reasons,' says, Brotherton.
After no longer feeling safe in the vehicle, Brotherton said, 'I think that Mercedes probably needs to consider the buyback a little bit differently now.' Days later Brotherton filed suit asking Mercedes to refund his money and take the car back, telling KFOR he'd asked Mercedes to do the same thing months earlier without legal representation in hopes Oklahoma's Lemon Law passed in 2009 would be on his side, but according to the lawsuit obtained by KFOR Mercedes-Benz U.S.A. denied that request, saying the SUV did not qualify under the States' Lemon Law citing they would not participate in the informal dispute resolution process because that's only available to residents in certain states and Oklahoma residents are not included.
News 4 reached out several times to Mercedes-Benz U.S.A, with no response. News 4 reached out to the dealership in Tulsa, where the vehicle was bought and were hung up on. News 4 alsocontacted the dealership in Oklahoma City where the car was serviced and refused comment due to ongoing litigation. News 4 reached out to the State Attorney General's Office regarding Oklahoma's Lemon Law and was told they are not responsible for enforcing the Lemon Law and discovered neither is any other state agency.
Joe Dorman, one of the authors of the Lemon Law told KFOR the enforcement falls on the Governor.
'It's up to the chief executive of the state, the governor, to make sure the agencies are following the law and complying with those things that are passed by the legislature and signed by the governor. So, when an agency is not listed specifically, the governor, and his team are charged with making sure an agency has that oversight and follows the law', says Dorman.
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KFOR reached out to the Governor's Office and confirmed what's posted on the AG's website 'no state agency has enforcement authority of the Lemon Law' and the Governor's Office responded stating, 'If an Oklahoman feels like their rights have been violated under the Lemon Law, we encourage them to reach out to a private attorney.'
Brotherton says, he filed a complaint with the consumer protection unit of the Attorney General's Office and as of last Thursday, he and his attorney, along with attorneys for Mercedes, were in court looking to go to trial when attorneys for Mercedes reached out with a settlement offer proposing a full buyback of the vehicle. KFOR is told the details of the exact settlement are still in the works.
This story is developing.
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