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.

In simple terms, the Lemon Laws state that if you acquire (and in many states, lease) a new or pre-owned car or other vehicle with a warranty that struggles to consistently run after repair attempts, and the original maker cannot repair it even with consecutive tries (within a stipulated time that fluctuates from state to state), or if the car is not usable for a designated time (generally 30 days) due to its problems, you are eligible to a wide range of maltreats, inclusive of:

1. Money damages
2. A refund of your purchase price
3. A new automobile
Moreover, just about all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee transferring component which states that if you win your lawsuit, the manufacturer or car dealership that sold you your lemon is required to repay you for legal expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the verbiage of each state's statute vary, the average state Lemon Law statute extends remedy for consumers with a imperfect motor vehicle sold with a warranty if:

1. The dealer or manufacturer just can not properly repair a particular defect in the vehicle after a sensible number of repair tries (generally at least three);
2. The car cannot be used for at least 30 days due to faults in the vehicle; or
3. The car dealership or manufacturer cannot fix a gremlin that is a good safety risk.

Usually, a defective motor vehicle is a motor vehicle with a condition or affliction that considerably impares its use, economic value, or safety to the consumer and does not conform to the written warranty. Often times, the period in which the Lemon Laws are applicable are relatively short; the defects and resulting repair attempts (or out-of-service time) often will occur during the first two-years or 24,000 miles that you own the vehicle. However, a number of states have even shorter time periods. In addition, almost all states have notice and trigger requirements, such as requiring the consumer to send registered post notice to the original producer of the faults and establishing the dealership a period to remedy the car. Also, some states necessitate that Lemon Law claims be settled through an arbitration proceeding.

Generally, state Lemon Law regulations also are applicable to leased cars and used automobiles bought whilst under the manufacturer's written warranty. A number of state Lemon Laws also are applicable to vehicles other than passenger cars. depending on the customer's home state, or the state in which the consumer bought the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (such as televisions)
There are a number of robust remedies available under the Lemon Laws. U.S. Statesally, if the original producer can't fix the vehicle, the consumer may either demand the original producer to replace the vehicle, or force the original producer to reposess the vehicle and repay the price paid including incidental damages, such as all expenses, towing charges, repair costs, associated travel charges and other charges incurred by the consumer as a consequence of the problems in the vehicle. Another important solution possible under most Lemon Laws is attorneys' fees. In almost all states, if you prevail in a Lemon Law suit, you will not have to pay any litigation fees-the car original maker that sold you your lemon is forced to pay your attorney's expenses.

The defendant automobile original equipment manufacturer can implement many defenses to a Lemon Law claim. The general regulation extends that the manufacturer is not guilty if it can show clearly that the defects at issue persisted due to maltreatment, negligence, or the alteration or modification of a vehicle by somone other than the manufacturing business, an agent, or an authorized dealership. Put differently, if the consumer damages his or her own motor vehicle, or the problems were the fault of changing or adjustments conducted by an unauthorized dealer, the manufacturing business may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and marketers of consumer goods to provide consumers detailed data about warranty coverage benefits. Also, it regulates both the rights of consumers and the responsibilities of warrantors under manufacturer warranties.

Although the Magnuson Moss Act doesn't require an vehicle manufacturing business to furnish buyers with a warranty, if a warranty is offered, the Magnuson Moss Act affords a number of protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by allowing public consumers to recover legal charges and reasonable attorneys' fees.

The Magnuson Moss Act is frequently valuable in a lemon suit where, for some reason, a state Lemon Law claim is not applicable or otherwise disadvantageous. For example, contrary to the relatively short cycle offered to public consumers with many Lemon Laws, you may register a claim for breach of warranty after the warranty period has passed as long as the defects occurred during the warranty time period. Furthermore, although some Lemon Laws limit their coverage to a very specific number of vehicles, the Magnuson Moss Act applies to nearly all consumer items. The Magnuson Moss Act may also apply if you bought or leased a preowned automobile without a manufacturer's warranty, or if the automobile is covered by a third party service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every U.S. state. It is the prime foundation of law governing product contracts, including automobiles and other items. The UCC offers another legal course for customers with lemon troubles.

UCC code stipulates that the purchaser of a good is entitled to return products that fail in any way to the agreement. Essentially, if your brand new item does not work as guaranteed by the manufacturer (your written warranty is a portion of your consumer warranty), you may have a claim citing the UCC in addition to any additional claims you may have.

The period of time for taking back a motor vehicle with the UCC is not limitless. If you expose a defect in your motor vehicle inside a sensible inspection time period, you may take back the automobile. Unfortunately, new motor vehicles are often technically complex and you may not understand if your automobile conforms to the consumer agreement until long after you purchase the automobile and troubles begin to develop. So, if Following this inspection period you don't return the automobile, you will be deemed to have approved of it and may have no claim through the UCC.

The duration of the inspection time period is not specified in the statute. Courts decide how long the sensible review period is based on the consumer's familiarity and experience, the consumer's difficulty in discovering the problem, and the consumer's chance to come across the defect.

In spite of this limit, the UCC provides that in certain examples where a consumer is alleged to have approved of goods (i.e. the sensible review time period has elapsed), a consumer may still renounce his approval of those goods where the non-conformity frequently impairs the economic value of the goods to him. Those examples include cases where it is burdensome to find the nonconformity or the consumer was ensured that the non-conformity would be repaired. Put differently, the local court will exempt the consumer from not refusing the goods where the consumer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively breaks down and you have to keep taking it back to the car dealership for repair under the warranty, the auto lemon law might be your next course. The problem should be significant where it hinders your driving the motor vehicle or your safety. A motor vehicle stalling perpetually is a significant problem. This is precisely the type of condition that could hinder your driving and your safety. Under the car lemon law you are not expected to establish why the car is stalling, you merely have to show clearly that it is stalling. Thus you need to look into the lemon law in these three situations: the car keeps breaking down within the warranty time period, the car is a safety risk, the dealer is not able to fix the car when it is guaranteed.

If you own a product which is a lemon you can immediately write to the original equipment manufacturer and ask for another equivalent product. If this request is not acceptable to the original equipment manufacturer, you could enter into an arbitration program. A few manufacturing business* have their own arbitration process. Other manufacturing business* utilize outside arbitration program such as Autoline by the BBB. The judgment of the arbitrators is binding on the original equipment manufacturer but not on the purchaser. If unsatisfied with the assessment, the purchaser can take the original equipment manufacturer to court.

Virtually all laws provide that the customer ought to be returned back to the financial situation they were in prior to purchasing the car, less the amount that the customer benefited from by using the car. To get the payback sum many factors 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 regular lemon laws. For example, a pre-owned car may 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 pre-owned car lemon law may be additionally generous with the age and measure of mileage. Still, the car must be sold by a dealer that supplies a warranty. Private party sales aren't governed, nor are cars sold under a specific original cost. There might be other restrictions to a used car lemon law such as the proposes for which the car is utilized or the categorization of car. Classic vehicles, are normally excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter period than brand new car laws. They usually range from 30 to 90 days, depending on your pre-owned car's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the fee structure. Many lemon law lawyers take a rather small retainer to address a lemon law claim, and afterward, the attorney's fees are sent to the original equipment manufacturer. Fundamentally, lemon law claims are normally very affordable to customers. The reimbursement of lawyer charges varies from state to state. About half of the states permit you to recuperate your Lawyer invoices if you win. The lawyer's fee is based upon actual time used rather than being attached to any share of the recuperation. In some States, you must pay the manufacturing business* lawyer's fees if you lose.

Consumers should register their complaints in writing and retain a copy. In any written correspondence, always outline how burdensome it is to bring the motor vehicle to the dealership for repairs and that the reliability that the owner believed She was acquiring has been non-existent. Any written correspondence with a car dealership or original equipment manufacturer must be sent using certified mail. In almost all cases the manufacturing business* claim that they haven't had the requisite number of tries to remedy the defect. They bet on the fact that the owner doesn't keep repair receipts for each time they have driven the vehicle into the shop. They also depend on the possibility that the repair receipts have different items fixed every occurance showing that they have not repaired the same problem. Consumers ought to reply by expecting that authorized dealerships always grant them a warranty repair order. Consumers should also argue that these undocumented visits are tries.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately page through your owner's binder and warranty information thoroughly, along with the facts concerning lemon law rights that you should receive when you choose your automobile. Don't depend on your car dealership to describe what defects are covered by warranty. If your car dealership states that a problem isn't covered and you believe that he or she is decieving you, be polite but assertive. Don't be afraid to go over the part of the warranty that is relevant, or to call the manufacturer for verification using the contact references included within your owner's binder. You should not be obliged pay for repairs connected to lemon law complaints. It's also crucial to notify the manufacturer of a complaint promptly. If you think that your car has a condition what cannot be fixed, look into your lemon law rights to see when you are able to file 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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