§ 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

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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.

End

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