Oregon Lemon Law Firms:
This is a list of law firms that are registered as specializing in Oregon lemon law cases.

Oregon Revised Statutes, 646.315 to 646.375

646.315 Definitions for ORS 646.315 to 646.375.

As used in ORS 646.315 to 646.375:

(1) "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.

(2) "Motor vehicle" means a passenger motor vehicle as defined in ORS 801.360 that is sold in this state.

646.325 Availability of remedy.

The remedy under the provisions of ORS 646.315 to 646.375 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, its agent or its authorized dealer, for the purpose of repair or correction, during the period of one year 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 12,000 miles, whichever period ends earlier; 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 646.355.

646.335 Consumer's remedies; manufacturer's affirmative defenses.

(1) If the manufacturer or its agents or authorized dealers are unable to conform the motor vehicle to any applicable manufacturer's express warranty by repairing or correcting any 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 paid, including taxes, license and registration fees and any similar collateral charges excluding interest, less a reasonable allowance for the consumer's use of the vehicle.

(2) Refunds shall be made to the consumer and lien holder, if any, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer prior to the first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.

(3) It shall be an affirmative defense to any claim under ORS 646.315 to 646.375:

(a) That an alleged nonconformity does not substantially impair such use, market value or safety; or

(b) That a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle by the consumer.

646.345 Presumption of reasonable attempt to conform.

Extension of time for repairs; notice to manufacturer.

(1) It shall be 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 period of one year 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 12,000 miles, whichever period ends earlier:

(a) The same nonconformity has been subject to repair or correction four or more times by the manufacturer or its agent or authorized dealer, but such nonconformity continues to exist; or

(b) The vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more business days.

(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 12,000 miles, the one-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) In no event shall the presumption described in subsection (1) of this section 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.

646.355 Use of informal dispute settlement procedure.

Condition for remedy; binding effect on manufacturer.

If the manufacturer has established or participates in an informal dispute settlement procedure that substantially complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as from time to time amended, and causes the consumer to be notified of the procedure, ORS 646.335 concerning refunds or replacement shall not apply to any consumer who has not first resorted to the procedure. A decision resulting from arbitration pursuant to the informal dispute settlement procedure shall be binding on the manufacturer.

646.357 Informal dispute settlement procedure.

Record keeping; 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 646.355 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 646.315 to 646.375 in reaching their decisions.

646.359 Judicial review; damages; attorney fees.

(1) If a consumer appeals to a court from a decision resulting from the informal dispute settlement procedure established by ORS 646.355 because the consumer was not granted one of the remedies specified in ORS 646.335 (1), and the consumer is granted one of the specified remedies by the court, the consumer shall also be awarded up to three times the amount of any damages if the court finds that the manufacturer did not act in good faith in the dispute settlement procedure.

(2) If a consumer brings an action under ORS 646.315 to 646.375 against a manufacturer who has not established informal dispute settlement procedures and the consumer is granted one of the remedies specified in ORS 646.335 (1), the consumer shall also be awarded three times the amount of the damages.

(3) The court may award reasonable attorney fees to the prevailing party in an appeal or action under this section.

646.361 Limitations on actions against dealers.

(1) Nothing in ORS 646.315 to 646.375 creates a cause of action by a consumer against a vehicle dealer.

(2) A manufacturer may not join a dealer as a party in any proceeding brought under ORS 646.315 to 646.375, nor may the manufacturer try to collect from a dealer any damages assessed against the manufacturer in a proceeding brought under ORS 646.315 to 646.375.

646.365 Limitation on commencement of action.

Any action brought under ORS 646.315 to 646.375 shall be commenced within one year following whichever period ends earlier:

(1) The period ending on the date on which the mileage on the motor vehicle reaches 12,000 miles; or

(2) The period of one year following the date of the original delivery of the motor vehicle to the consumer.

646.375 Other Remedies

Other Remedies supplementary to existing statutory or common law remedies; election of remedies.

Nothing in ORS 646.315 to 646.375 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 646.315 to 646.375 shall not be available insofar as it would result in recovery in excess of the recovery authorized by ORS 646.335 without proof of fault resulting in damages in excess of such recovery.

Although it varies from state to state, the Lemon Laws stipulate that if you purchase (and in various states, lease) a new or used vehicle or other vehicle with a warranty that proves to be defective, and the manufacturer cannot restore it in spite of duplicated tries (in a defined time limit that fluctuates from state to state), or if the automobile is not drivable for a limited period (generally 30 days) because of its problems, you are qualified to a broad range of dismantles, inclusive of:

1. Money damages
2. A compensation of the purchase cost
3. A new car
Furthermore, just about all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee switching mechanism that says that if you win your suit, the original equipment manufacturer or dealership which sold you your lemon is required to compensate you for litigation invoices.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the wording of each state's statute are different, the common state Lemon Law statute offers assistance for buyers with a defective vehicle sold with a warranty if:

1. The car dealership or original equipment manufacturer just can't properly correct a particular deficiency in the product after a sensible number of repair efforts (usually at least three);
2. The automobile can't be used for at least 30 days due to flaws in the automobile; or
3. The dealership or original equipment manufacturer can't fix a fault that is a important safety risk.

Generally, a faulty vehicle is a car with a defect or affliction that frequently degrades its usability, marketability, or safety to the consumer and does not maintain the standard of the written warranty. Typically, the time period in which the Lemon Laws apply are rather short; the shortcomings and ensuing repair efforts (or out-of-service period) usually must take place during the first two-years or 24,000 miles of consumer ownership of the motor vehicle. However, a number of states have even shorter time periods. Also, many states have notice and activation prerequisites, such as asking the consumer to send off registered post notice to the maker of the faults and presenting the car dealership a period to repair the motor vehicle. Moreover, many states require that Lemon Law claims be adjudicated through an arbitration process.

Generally, state Lemon Law regulations also are applicable to leased cars and preowned cars bought while under the producers original warranty. A good number of state Lemon Laws also apply to vehicles other than passenger cars. based upon the purchaser's home state, or the state where the consumer bought the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer products (like electronics)
There are a number of robust remedies available under the Lemon Laws. U.S. States most instances, if the maker cannot repair the automobile, the consumer can either demand the maker to replace the car, or make the maker to take the car and return the original cost along with accompanying costs, such as all expenses, towing fees, repair charges, related transportation costs and other charges incurred by the consumer as a consequence of the shortcomings in the car. Another important relief possible under most Lemon Laws is attorneys' fees. In virtually all states, if you prevail in a Lemon Law lawsuit, you won't have to pay any laywers' expenses-the auto original producer that sold you your lemon is forced to pay litigation invoices.

The defendant auto original equipment manufacturer can apply assorted defenses to a Lemon Law claim. The average statute affords that the manufacturer is not responsible if it can establish that the problems in question came about because of exploitation, neglect, or the tampering or modification of a automobile by somone other than the original equipment manufacturer, its agent, or an authorized dealership. Put differently, if the consumer breaks his or her own motor vehicle, or the defects were caused by changing or adjustments conducted by an unauthorized party, the original equipment manufacturer might not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer product warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and marketers of consumer commodities to provide consumers comprehensive data about warranty coverage benefits. In addition, it shapes both the rights of consumers and the obligations of warrantors under written warranties.

Although the Magnuson Moss Act does not call for an car maker to provide buyers with a warranty, if a warranty is furnished, the Magnuson Moss Act extends some protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by allowing consumers to recuperate litigation costs and fair attorney's fees.

The Magnuson Moss Act is frequently relevant in a lemon situation where, for some reason, a state Lemon Law claim is not applicable or moreover unfit. For example, contrary to the relatively short period of time provided to customers with most Lemon Laws, you may file a claim for breach of warranty after the warranty period has expired as long as the problems happened during the warranty period. Additionally, although some Lemon Laws restrict their coverage to a narrow list of motor vehicles, the Magnuson Moss Act applies to near all consumer products. The Magnuson Moss Act might also be applicable if you purchased or leased a expended automobile without a manufacturer's warranty, or if the automobile is covered by a third party service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all states. It is the main foundation of law governing contracts dealing with the sale of products, including motor vehicles and other items. The UCC provides another legal avenue for consumers with lemon problems.

UCC code says that the buyer of a good is entitled to return product which do not perform in any aspect to the contract. Therefore, if your brand new item does not work as endorsed by the manufacturer (your written warranty is a portion of your warranty), you can have a claim citing the UCC in addition to any additional claims you may have.

The period of time for rejecting a vehicle with the UCC is not unlimited. If you come across a defect in your motor vehicle within a fair review period, you may reject the vehicle. Unfortunately, brand new automobiles are often mechanically complicated and you may not acknowledge whether your product conforms to the contract until after you purchase the product and problems start to arise. Essentially, if After this review time period you fail to refuse the product, you will be alleged to have okayed it and may have no claim through the UCC.

The length of the review time period is not specified in the regulation. Courts decide how long the reasonable review period is based on the consumer's knowledge and experience, the consumer's difficulty in noticing the failing, and the consumer's chance to detect the failing.

In spite of this restriction, the UCC stipulates that in certain cases where a buyer is said to have approved of products (i.e. the reasonable review period has expired), a buyer can still renounce his favorable reception of those product where the non-conformity frequently impares the marketability of the product to him. Those instances include suits where it is arduous to observe the nonconformity or the buyer was guaranteed that the non-conformity would be fixed. Re-stated, the local court will excuse the buyer from not rejecting the product where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively breaks down and you have to keep bringing it back to the dealer for repair under the written warranty, the motor vehicle lemon law may be your next recourse. The deficiency ought to be substantive in which it hampers your driving the motor vehicle or your safety. A motor vehicle stalling frequently would be a substantive deficiency. This is exactly the type of condition that could stymie your driving and your safety. Under the automobile lemon law you are not obliged to establish why the automobile is stalling, you simply have to show that it is stalling. In essence you need to check out the lemon law in these 3 instances: the automobile keeps breaking within the warranty period, the automobile is a safety risk, the dealership is not able to fix the automobile when it is warranted.

If you have a car which is a lemon you can directly write to the maker and ask for another equivalent car. If this requirement is not satisfactory to the maker, you can move into an arbitration arrangement. A few makers have their own arbitration program. Other makers employ outside arbitration program like Autoline by the BBB. The assessment of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the proposal, the owner can take the maker to court.

Virtually all ordinances specify that the customer ought to be returned back to the fiscal status they were in prior to purchasing the car, less the amount that the customer profited from by using the car. To get the restitution sum a number of components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used automobiles might qualify under basic lemon laws. For example, a pre-owned automobile might fall under normal lemon laws if it is less than one year old and has got fewer than 12,000 miles on the odometer. States that do have a used automobile lemon law may be more cooperative with the age and measure of mileage. Still, the automobile needs to be sold by a car dealership that provides a written warranty. Individual sales aren't regulated, nor are vehicles sold under a specific price paid. There could be additional restrictions to a used car lemon law such as the functions in which the car is pre-owned or the classification of car. Older automobiles, are usually excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter time period than new car regulations. They oftentimes range from 30 to 90 days, depending on your used automobile's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee program. Many lemon law attorneys demand a generally humble retainer to cover a lemon law claim, and subsequently, the attorney's bills are sent to the original equipment manufacturer. Therefore, lemon law claims are ordinarily very low-cost to customers. The reimbursement of attorney expenses differs from state to state. About one-half of the states provide for you to recover your Lawyer charges if you win. The attorney's fee is based on actual time logged rather than being tied to any share of the recovery. In a few States, you must pay the manufacturing business* attorney's fees if you lose.

Consumers should put their concerns in writing and retain a copy. In any written communication, always explain how taxing it is to bring the auto to the car dealership for repairs and that the reliableness that the purchaser thought He was acquiring has been non-existent. Any written communication with a dealership or original equipment manufacturer must be sent using certified mail. In almost all lawsuits the makers claim that they haven't had the essential number of efforts to repair the problem. They bet on the reality that the purchaser doesn't keep repair sheets for each instance they have driven the auto into the dealership. They also assume on the fact that the repair sheets have seperate things repaired every instance establishing that they haven't repaired the same defect. Consumers should respond by expecting that authorized dealerships always give them a warranty repair sheet. Consumers ought to also contend that these undocumented trips are efforts.

Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately page through your owner's manual and warranty information entirely, and the data concerning lemon law rights that you ought to get when you buy your car. Don't depend on your dealership to explain what defects are covered by warranty. If your dealership states that a defect is not covered and you think that he or she is purposely misleading you, be composed but confident. Don't be frighted to point out the part of the warranty that is relevant, or to call the manufacturing business for verification applying the contact data included inside your owner's manual. You should not be obliged pay for corrections linked to lemon law complaints. It's also crucial to give notice the manufacturing business of a complaint straightaway. If you think that your car has a condition that just can't be remedied, check out your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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