Oklahoma Lemon Law

Chesapeake sues Wyoming County

TUNKHANNOCK - Natural gas driller Chesapeake Appalachia LLC has filed a civil lawsuit against the Wyoming County recorder of deeds.

Chesapeake's attorneys in a seven-page complaint contend that Dennis Montross as recorder is refusing to comply with state law by requiring a separate assignment for each of its 40 leases it wants to assign to another company.

The Oklahoma-based driller in the Marcellus Shale has cited three areas - multiple lease assignments, rejections based on content, and refusals to accept certain affidavits.

Chesapeake is citing 40 different land leases that it presently wanted assigned from Chesapeake Appalachia LLC of Oklahoma City, to StatoilUSA Onshore Properties Inc. of Houston.

Statoil, a Norwegian-based energy conglomerate had joined hands with Chesapeake in November 2008 to create a partnership in which the European company had 32 percent interest, and it wished to begin exploring unconventional natural gas opportunities that were unfolding in the Marcellus Shale.

This month, Chesapeake desired to assign 40 of its leaseholds in these townships - Braintrim, Clinton, Eaton, Falls, Forkston, Lemon, Mehoopany, Meshoppen, North Branch, Tunkhannock, Washington and Windham - to Statoil.

Chesapeake claimed that it wanted a single assignment conveying multiple leases but Wyoming County was requiring a separate assignment for each lease.

The complaint alleges that the practice is not based on any valid Pennsylvania statute, and is furthermore inconsistent with modern practices.

It claimed multiple recording fees totaling $884.50 were illegal and that Chesapeake should have to pay a single fee mandated by law.

The complaint also contended the recorder's office was refusing to record deeds on which the date of execution was not listed in the body of the document, but only in the acknowledgment.

Finally, the complaint said the recorder's office also was refusing affidavits for recording unless the names of the grantor/grantee are printed at the top of a document.

Chesapeake contended that the recorder "is exercising his own legal judgment as to what documents are to be recorded" and furthermore, "He has no such legal power; if the documents are properly acknowledged, he must record them."

Chesapeake is seeking "permanent injunctive, declaratory and mandatory relief" against the recorder and wants damages awarded in the amount of $884.50.

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4.) A belt or something starting squeaking

All of this not even 24 hrs after of purchasing the car. I bought it out right and have a huge regret. I looked up the Lemon Law and it states:

Oklahoma Lemon Laws cover “Any motor driven vehicle required to be registered, excluding vehicles above 10,000 pounds GVW and the living facilities of motor homes.”

Manufacturers are entitled to 4 repair attempts or 45 days out of service before it qualifies under Oklahoma Law as a Lemon.

Cars are covered under the Oklahoma Lemon Law for Warranty period or 1 year.

So even though it was bought as is and out right I am still protected. Right? It says “ANY MOTOR DRIVEN VEHICLE”

Thanks in advance

You have up to 72 hours (3 days) to change your mind and take the car back. This is federal law. They have to take the car back, and refund your money. It doesn’t matter if you bought it new or used, or if it was “as is”. All dealers have to comply with this law. The “Lemon Law” has nothing to do with it, and you don’t have to wait all that time to prove the car is a lemon. Just call them up and tell them you have changed your mind and want to return the car. But you HAVE TO DO IT WITHIN the 3 day period. It sounds like you have 2 days left to go.

Your car is NOT covered under factory warranty, so it does NOT qualify as a lemon! Did you just not bother to read what you found???

You are stuck with what you bought. Ignorance of how cars work is NOT an excuse. You did not know what you were buying, yet you signed the papers and gave your money away. Say what???

As for William…call a bank? For what? Sounds like William is a fool and we do not need three days to figure that out.

The law won’t help you if it’s a used car. Lemon laws protect the buyers of NEW vehicles from serious, recurring defects. You didn’t buy a lemon, you bought a used car. Lemon laws don’t cover maintenance issues, like brakes, doors, squeaks and smells.

You had the chance to inspect and drive the car before you bought it. It’s too late to do anything now.

And for the 10th time today – there is NO magical 3-day right to return a car, new or used.

Loyola consumer law reporter

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