Chances are, you know someone (or you are someone) who has purchased a lemon recently. Lemons are incredibly common in the United States. This leaves citizens with a need for Lemon Law. Luckily, because of the need, most states are set up with an active Lemon Law today.
Does Oregon Have a Lemon Law?
If you are curious about Oregon’s Lemon Law, the best thing to do is get online and start researching. As mentioned above, most states are set up with a Lemon Law, so read about Oregon’s Lemon Law to discover more details.
What is Lemon Law in Oregon?
646A.400 Definitions for ORS 646A.400 to 646A.418-+.
As used in ORS 646A.400 to 646A.418:
(1) “Collateral charge” means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as:
(a) A sales, property or use tax;
(b) A license, registration or title fee;
(c) A finance charge;
(d) A prepayment penalty;
(e) A charge for undercoating, rust-proofing or factory or dealer installed options; and
(f) The cost of an aftermarket item purchased within 20 days after delivery of the motor vehicle.
(2) “Consumer” means:
(a) The purchaser or lessee, other than for purposes of resale,of a new motor vehicle normally used for personal, family or household purposes;
(b) Any person to whom a new motor vehicle used for personal, family or household purposes is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle; and
(c) Any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
(a) “Motor home” means a motor vehicle that is a new or demonstrator vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab or van that becomes an integral part of the completed vehicle, and that is designed to provide temporary living quarters for recreational, camping or travel use.
(b) “Motor home” does not include a trailer, camper, van or vehicle manufactured by an entity that primarily manufactures motor vehicles other than motor homes as defined in this subsection.
(c) “Motor home” does not include “living facility components,” which means those items designed, used or maintained primarily for the living quarters portion of the motor home, including but not limited to the flooring, plumbing fixtures, appliances, water heater, fabrics, door and furniture hardware, lighting fixtures, generators, roof heating and air conditioning units, cabinets, countertops, furniture and audio-visual equipment.
(4) “Motor vehicle” means a passenger motor vehicle as defined in ORS 801.360that is purchased in this state or is purchased outside this state but registered in this state.
646A.402 Availability of remedy.
The remedy under the provisions of ORS 646A.400 to 646A.418 is available to a consumer if:
(1) A new motor vehicle does not conform to applicable manufacturer’s express warranties;
(2) The consumer reports each nonconformity to the manufacturer, the manufacturer’s agent or the manufacturer’s authorized dealer, for the purpose of repair or correction, during the two-year period following the date of original delivery of the motor vehicle to the consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, whichever period ends first; and
(3) The manufacturer has received direct written notification from or on behalf of the consumer and has had an opportunity to correct the alleged defect. “Notification” under this subsection includes, but is not limited to, a request by the consumer for an informal dispute settlement procedure under ORS 646A.408.
646A.404 Consumer’s remedies; manufacturer’s affirmative defenses.
(1) If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the motor vehicle to an applicable manufacturer’s express warranty by repairing or correcting a defect or condition that substantially impairs the use, market value or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall:
(a) Replace the motor vehicle with a new motor vehicle; or
(b) Accept return of the vehicle from the consumer and refund to the consumer the full purchase or lease price and collateral charges paid, less a reasonable allowance for the consumer’s use of the motor vehicle. In lieu of refunding, as part of the collateral charges paid, the cost of an aftermarket item purchased within 20 days after delivery of the motor vehicle, the manufacturer may remove the aftermarket item from the motor vehicle, if the aftermarket item can be removed from the motor vehicle without damage, and return the aftermarket item to the consumer.
(2) Refunds must be made to the consumer and lienholder, if any, as the interests of the consumer and lienholder may appear.
(3) (a) As used in this section, “reasonable allowance for the consumer’s use of the motor vehicle” means:
(A) For a motor vehicle that is not a motorcycle or a motor home, an amount of money equivalent to the motor vehicle mileage as described in paragraph (b) of this subsection, multiplied by the combined amount of the cash price or lease price of the motor vehicle and the amount of any collateral charges paid by the consumer, and divided by 120,000.
(B) For a motorcycle, an amount of money equivalent to the motor vehicle mileage as described in paragraph (b) of this subsection, multiplied by the combined amount of the cash price or lease price of the motorcycle and the amount of any collateral charges paid by the consumer, and divided by 25,000.
(C) For a motor home, an amount of money equivalent to the motor vehicle mileage as described in paragraph (b) of this subsection, multiplied by the combined amount of the cash price or lease price of the motor home and the amount of any collateral charges paid by the consumer, and divided by 90,000.
(b) The motor vehicle mileage for the purposes of the calculation described in paragraph (a) of this subsection is the motor vehicle’s mileage at the time the manufacturer takes an action described in subsection (1) of this section, less 10 miles for mileage that the motor vehicle traveled during any period in which the consumer did not have use of the motor vehicle because the manufacturer or an agent or authorized dealer of the manufacturer was repairing the motor vehicle.
(4) It is an affirmative defense to a claim under ORS 646A.400 to 646A.418 that:
(a) An alleged nonconformity does not substantially impair such use, market value or safety; or
(b) A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.
646A.406 Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer.
(1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable manufacturer’s express warranties if, during the two-year period following the date of original delivery of the motor vehicle to a consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, whichever period ends first:
(a) The manufacturer or an agent or authorized dealer of the manufacturer has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the defect alleged, but the nonconformity continues to exist;
(b) The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more calendar days or 60 or more calendar days if the vehicle is a motor home; or
(c) The manufacturer or an agent or authorized dealer of the manufacturer has subjected a nonconformity that is likely to cause death or serious bodily injury to repair or correction at least one time and has made a final attempt to repair or correct the nonconformity, but the nonconformity continues to exist.
(2) A repair or correction for purposes of subsection (1) of this section includes a repair that must take place after the expiration of the earlier of either period.
(3) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, the two-year period and the 30-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster.
(4) The presumption described in subsection (1) of this section does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to cure the defect alleged.
646A.408 Use of informal dispute settlement procedure as condition for remedy; binding effect on manufacturer.
If a manufacturer, for the purpose of settling disputes that arise under ORS 646A.400 to 646A.418, establishes or participates in an informal dispute settlement procedure that substantially complies with the provisions of 16 C.F.R. part 703, as in effect on June 23, 2009, and causes a consumer to be notified of the procedure, ORS 646A.404 does not apply to a consumer who has not first resorted to the procedure. A decision resulting from arbitration pursuant to the informal dispute settlement procedure is binding on the manufacturer but is not binding on the consumer.
646A.410 Informal dispute settlement procedure; recordkeeping; review by Department of Justice.
A manufacturer which has established or participates in an informal dispute settlement procedure shall keep records of all cases submitted to the procedure under ORS 646A.408 and shall make the records available to the Department of Justice if the department requests them. The department may review all case records kept under this section to determine whether or not the arbitrators are complying with the provisions of ORS 646A.400 to 646A.418 in reaching their decisions.
646A.412 Action in court; damages if manufacturer does not act in good faith; attorney fees; expert witness fees; costs.
(1) If a consumer brings an action in court under ORS 646A.400 to 646A.418 against a manufacturer and the consumer is granted one of the remedies specified in ORS 646A.404 (1) by the court, the consumer shall also be awarded up to three times the amount of any damages, not to exceed $ 50,000 over and above the amount due the consumer under ORS 646A.404 (1), if the court finds that the manufacturer did not act in good faith.
(2) Except as provided in subsection (3) of this section, the court may award reasonable attorney fees, fees for expert witnesses and costs to a consumer who prevails in an appeal or action under ORS 646A.400 to 646A.418. If a court finds that a consumer brought an action under ORS 646A.400 to 646A.418 in bad faith or solely for the purposes of harassment, the court may award a prevailing manufacturer reasonable attorney fees.
(3) The court may award reasonable attorney fees, fees for expert witnesses and costs to the prevailing party in an appeal or action under ORS 646A.400 to 646A.418 that involves a motor home.
646A.414 Limitations on actions against dealers.
(1) Except as provided in ORS 646A.405, nothing in ORS 646A.400 to 646A.418creates a cause of action by a consumer against a vehicle dealer.
(2) A manufacturer may not join a dealer as a party in a proceeding brought under ORS 646A.400 to 646A.418, nor may the manufacturer try to collect from a dealer damages assessed against the manufacturer in a proceeding brought under ORS 646A.400 to 646A.418.
646A.416 Limitation on commencement of action.
An action brought under ORS 646A.400 to 646A.418 must be commenced within one year after whichever of the following periods ends earlier:
(1) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles;
(2) The two-year period following the date of the original delivery of the motor vehicle to the consumer; or
(3) The period that ends after an extension of time provided under ORS 646A.406 (3).
646A.418 Remedies supplementary to existing statutory or common law remedies; election of remedies.
Nothing in ORS 646A.400 to 646A.418 is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under ORS 646A.400 to 646A.418 shall not be available insofar as it would result in recovery in excess of the recovery authorized by ORS 646A.404 without proof of fault resulting in damages in excess of such recovery.
When does a vehicle qualify as a Lemon in Oregon?
Each state has very unique laws. Lemon Laws are no exception. Because of this, there are not general qualifications that cover each state. If you are unsure about the specific Oregon Lemon Law qualifications, do some research online. If you are still not com-pletely sure about whether or not your vehicle qualifies, reach out to one of our attor-neys for help. You will have a unique experience as you consult with our team of legal professionals since we have experiencing representing auto manufacturing companies.
Whether you are sure or unsure about your situation, feel free to reach out to us through our contact form on our website. Otherwise, we can be reached over the phone at (888)353-0456.
Is a used car covered under Oregon Lemon Law?
Given the fact that most used vehicles are a bit faulty, they generally do not come with active warrantees. Oregon Lemon Law cannot operate without a warrantee, so used cars typically do not qualify. If you happen to have purchased a used car that does have an active warrantee, you may have a shot.
When do I need an Oregon based Lemon Law Attorney?
We recommend speaking with one of our Oregon Lemon Law attorneys if you are not sure about the specifics of Oregon Lemon Law, or if you believe that you might have found yourself behind the wheel of a lemon. Our attorneys will be able to help you out either way. Consult with us for the best options when it comes to moving forward with your case.
How do Lemon Law Attorneys in Oregon protect my rights?
As with anything else, it is helpful to have an expert by your side. If you have not gone to school for Lemon Law, you will probably find yourself in a rut trying to tackle the le-gal system on your own. Our attorneys are experts in Lemon Law and will be able to help you every step of the way.
One of the most important aspects of a Lemon Law case is the approach taken. There are different approaches for each different kind of case and our attorneys will be able to point you in the right direction.
How long do Lemon Law cases in Oregon typically take to get resolved?
Although predicting the time frame for each unique Lemon Law case is not possible, we do recommend sitting down with one of our attorneys to give the details of your case. After doing so, we will be able to give you a better idea of the time frame.
Some Lemon Law cases in Oregon can take up to several months to resolve. Others may only take a few weeks. No matter the length of your case, our attorneys will remain in contact with you the entire time.
How much will an Oregon Lemon Attorney cost to hire?
Luckily, our clients are not responsible for the financial side of the case. Whether you win or lose the case, the auto manufacturer will be held responsible for payments. We hope this encourages you to reach out and move forward with your case since you literally have nothing to lose.
What are some of the areas that that Lemon Law Lawyers in Oregon cover?
Whether you are ready to hire someone or are just needing a few pointers, feel free to reach out to us in these major Oregon cities and more:
- Lake Oswego
- Grants Pass
- Oregon City
- West Linn
- Forest Grove
- Klamath Falls
- Central Point
- Coos Bay
- Happy Valley
- The Dalles
- La Grande
- St. Helens
Contact us today if your vehicle is a lemon! We are here to help!
You have nothing to lose by asking for help in a Lemon Law case. Our experts are here to guide you and help you through the confusing Lemon Law system. Do not go through it alone.