Okla. Stat. tit. 12A, § 2A-104 Leases Subject to Other Law

• Library: Oklahoma Statutes
• Edition: 2023
• Currency: Current through Laws 2023EX1, c. 52.
• Year: 2023
• Citation: Okla. Stat. tit. 12A, § 2A-104

(1) A lease, although subject to this article, is also subject to any applicable:

(a) certificate of title statute of this state;

(b) certificate of title statute of another jurisdiction ( Section 12A-2A-105 of this title); or

(c) consumer protection statute of this state, or final consumer protection decision of a court of this state existing on January 1, 1992.

(2) In case of conflict between this article, other than Section 12A-2A-105, subsection (3) of Section 12A-2A-304, and subsection (3) of Section 12A-2A-305 of this title, and a statute or decision referred to in subsection (1) of this section, the statute or decision controls.

(3) Failure to comply with an applicable law has only the effect specified therein.

Cite as Okla. Stat. tit. 12A, § 2A-104

History: Added by Laws 1988, HB 1683, c. 86, § 4, eff. November 1, 1988. Amended by Laws 1991, SB 25, c. 117, § 4, eff. January 1, 1992.

Note:

Oklahoma Code Comment

The reference in subsection (l)(a) to statutes of the United States recognizes that federal law may apply to leases governed by Article 2A. For example, to the extent the Magnuson-Moss Act applies to leases, it would be applicable to consumer leases under Article 2A. See C. Reitz, Consumer Product Warranties Under Federal and State Laws § 13.04 (2d ed. 1987). This provision is deleted as unnecessary by the 1991 amendments.

The reference in subsection (l)(b) to a certificate of title law of Oklahoma is to 47 Oklahoma Statutes § 1105 et seq.

The reference in subsection (l)(d) to consumer protection statutes of Oklahoma will encompass at least:

(1) the U3C, 14A Oklahoma Statutes §§ 1-101-9-101. Applicable U3C provisions include disclosure and regulation of advertising (U3C §§ 2-311 and 2-313 and Administrator's Regulation M, Part IIA § 213.1 et seq.); preservation of claims and defenses (U3C §§ 2 -403 and 2-404); restriction on balloon payments (U3C § 2-406); restriction on security (U3C § 2-407); restriction on wage assignments (U3C § 2-410); regulation of referral inducements (WC § 2-411); notice of assignment (U3C § 2-412); limitation on collection costs (U3C § 2-413); and rights and remedies including unconscionability, the ability to recover excess charges, a cause of action for disclosure violations, and the complaint procedure of the Administrator (U3C Articles 5 and 6).

(2) the Oklahoma Rental-Purchase Act, 59 Oklahoma Statutes §§ 1950 1957. Applicable provisions of this act include those that preclude a lessor from including in a rental-purchase agreement clauses authorizing the lessor or its agent to commit a breach of the peace in repossessing rental property under § 2A - 525 or waiving any defense, counterclaim, or right the lessee may have against the lessor or its agent in relation to § 2A-407 (see § 1954(C)(2) and (3)), and which confer on the lessee reinstatement rights which are not provided for under §§ 2A-502 and 2A-525 (see § 1954(D)). The reference would not encompass the Oklahoma Consumer Protection Act, 15 Oklahoma Statutes §§ 751-763, as that act does not include leases within the term "consumer transaction." See 15 Oklahoma Statutes § 752(2).