In any civil action brought to recover damages for breach of an express warranty or to enforce the terms of an express warranty made under Section 2-313 of Title 12A of the Oklahoma Statutes, against the seller, retailer, manufacturer, manufacturer's representative or distributor, the prevailing party shall be allowed a reasonable attorney fee to be set by the court, which shall be taxed and collected as costs.
§ 939.Attorney Fees Taxed As Costs In Actions For Breach of an Express Warranty
Chapter 14: Costs · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 939 gives the prevailing party a reasonable attorney fee, taxed and collected as costs, in a civil action to recover damages for breach of an express warranty made under Title 12A's Uniform Commercial Code sales article, or to enforce that warranty's terms.
Full Text of § 939
Amendment History
Laws 1975, HB 1524, c. 168, § 1.
Plain-English Summary
Where a seller, retailer, manufacturer, manufacturer's representative, or distributor makes an express warranty under Section 2-313 of Title 12A -- the Uniform Commercial Code's sales article -- this section lets the prevailing party in a suit over that warranty recover a reasonable attorney fee, set by the court and taxed as costs.
Frequently Asked Questions
Can I recover attorney fees in a breach-of-warranty lawsuit in Oklahoma?
Yes, if the express warranty was made under Section 2-313 of Title 12A, the prevailing party recovers a reasonable attorney fee taxed as costs.
Who can be sued under this section's warranty rule?
A seller, retailer, manufacturer, manufacturer's representative, or distributor who made the express warranty.
Does this cover implied warranties too?
No. The text is limited to an express warranty made under Section 2-313 of Title 12A.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: attorney fees breach of express warranty oklahoma12 O.S. § 939UCC 2-313 warranty lawsuit oklahoma attorney fee