Oregon Lemon Law Firms and the Oregon lemon law code.

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.

Basically, the Lemon Laws specify that if you buy (and in various states, lease) a brand new or used vehicle or other vehicle with a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the original maker can't rebuild it in spite of consecutive attempts (within a fixed time that differs from state to state), or if the automobile is not usable for a specified period of time (generally 30 days) due to its flaws, you are eligible to a broad range of dismantles, inclusive of:

1. Money damages
2. A repayment of the original price
3. A new automobile
Furthermore, just about all the Lemon Laws (as well as the Federal Warranty Law) have a fee shifting element which says that if you win your suit, the original equipment manufacturer or car dealership that sold you the lemon is obliged to repay litigation expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the verbiage of each state's statute are different, the average state Lemon Law statute provides compensation for owners with a imperfect auto sold with a warranty if:

1. The car dealership or original equipment manufacturer can't legitimately remedy a specific failing in the car after a sensible number of repair tries (normally at least three);
2. The motor vehicle can't be driven for at least 30 days due to faults in the vehicle; or
3. The dealer or original equipment manufacturer cannot fix a problem that is a pressing safety hazard.

In general, a faulty car is a car with a problem or affliction that considerably impairs its drivability, marketability, or safety to the consumer and doesn't comply with the written warranty. Typically, the period of time during which the Lemon Laws are applicable are rather short; the shortcomings and ensuing repair efforts (or out-of-service time period) generally must happen during the first two-years or 24,000 miles in which the purchaser owns the vehicle. However, a number of states have even shorter time periods. Also, almost all states have notification and initiation prerequisites, such as expecting the consumer to send off registered mail notice to the maker of the problems and giving the dealership an option to correct the car. In addition, most states expect that Lemon Law claims be resolved through an arbitration proceeding.

Generally, state Lemon Law regulation codes also apply to leased automobiles and used vehicles purchased whilst under the manufacturer's factory warranty. A lot of state Lemon Laws also are applicable to vehicles other than passenger vehicles. depending upon the purchaser's home state, or the state in which the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (like electronics)
There are a number of significant resolutions possible under the Lemon Laws. American Statesten times, if the original maker can't repair the automobile, the consumer can either call for the original maker to replace the automobile, or insist the original maker to take back the automobile and refund the price paid including accompanying costs, including all fees, towing costs, repair charges, related travel costs and other damages incurred by the consumer as a result of the shortcomings in the vehicle. Another important resolution available under most Lemon Laws is legal expenses. In almost all states, if you win in a Lemon Law suit, you do not have to pay any litigation fees-the motor vehicle manufacturing business that sold you your lemon is obligated to pay all of your laywers' expenses.

The defendant automobile manufacturer can assert many defenses to a Lemon Law claim. The common statute provides that the original maker is not guilty if it can show clearly that the flaws at issue persisted due to exploitation, disregard, or the modification or tampering of a automobile by anybody other than the manufacturer, an agent, or an authorized repair facility. In other words, if the consumer dismantles his or her own vehicle, or the defects were the fault of tampering or adjustments carried out by an unauthorized party, the manufacturer may not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer products to provide consumers explanatory data about warranty coverage claims. Also, it sets both the rights of public consumers and the responsibilities of warrantors under written warranties.

Even though the Magnuson Moss Act doesn't call for an automobile manufacturer to supply buyers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords some protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by permitting purchasers to recuperate litigation costs and reasonable attorney's charges.

The Magnuson Moss Act is frequently beneficial in a lemon case in which, for some reason, a state Lemon Law claim is not possible or otherwise unsuited. For example, unlike the relatively short time period provided to customers within many Lemon Laws, you could record a claim for breach of warranty after the warranty period has expired if the defects occured during the warranty time period. In addition, although many Lemon Laws limit their coverage to a small group of cars, the Magnuson Moss Act is relevant to near all consumer items. The Magnuson Moss Act might also apply if you purchased or leased a expended car without a manufacturing business warranty, or if the car is covered by a third party agreement or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the primary authority of law regulating product warranties, including cars and other items. The UCC offers an alternative legal course for consumers with lemon troubles.

UCC code says that the consumer of a good is entitled to return merchandise which do not perform in any sense to the consumer agreement. In essence, if your brand new automobile does not operate as pledged by the manufacturer (your manufacturer warranty is a portion of your consumer agreement), you may have a claim citing the UCC in addition to whatever additional claims you may have.

The period of time for taking back a motor vehicle with the UCC is not unlimited. If you reveal a flaw in your automobile within a sensible inspection period, you may reject the car. Unfortunately, brand new automobiles can be often mechanically complex and you may not recognize whether your car conforms to the consumer warranty until after you acquire the car and defects begin to develop. Fundamentally, if After this inspection period you do not return the car, you will be stated to have approved of it and will have no claim through the UCC.

The duration of the inspection time period is not defined in the statute. Courts decide how long the reasonable inspection period is based on the consumer's familiarity and personal experience, the consumer's difficulty in noticing the problem, and the consumer's chance to observe the defect.

In spite of this restriction, the UCC provides that in certain cases where a buyer is stated to have approved of goods (i.e. the reasonable inspection time has expired), a buyer may still rescind his approval of those products where the non-conformity often impairs the economic value of the products to him. Those instances include cases in which it is toilsome to expose the nonconformity or the buyer was guaranteed that the non-conformity would be remedied. In different words, the court will excuse the buyer from not refusing the products where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively fails and you have to keep taking it back to the dealer for repair under the warranty, the automobile lemon law may be your next course of action. The gremlin ought to be substantial where it impedes your driving the item or your safety. A item stalling for no reason is a substantial gremlin. This is exactly the type of problem that may hamper your driving and your safety. Under the motor vehicle lemon law you are not expected to indicate why the motor vehicle is stalling, you simply have to demonstrate that it is stalling. Thus you need to check up on the lemon law in these three cases: the motor vehicle keeps breaking down inside the warranty time period, the motor vehicle is a safety hazard, the dealership is not able to fix the motor vehicle when it is warranted.

If you own a motor vehicle which is a lemon you can immediately write to the original maker and ask for another equivalent motor vehicle. If this requirement is not satisfactory to the original maker, you may start into an arbitration program. A few manufacturers use their own arbitration program. Other manufacturers have third party arbitration program like Autoline by the Better Business Bureau. The recommendation of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the proposal, the purchaser can take the original maker to court.

Virtually all ordinances provide that the owner needs to be restored back to the fiscal position they were in before they purchased the vehicle, less the amount of money that the owner benefited from by using the vehicle. To get the restitution total 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 nearly new used motor vehicles will qualify under normal lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States that do have a used motor vehicle lemon law may be extra accommodative with the age and amount of mileage. Still, the motor vehicle has to be sold by a dealership that extends a written warranty. Private sales are not included, nor are motor vehicles sold under a specific price paid. There could be other restrictions to a used car lemon law such as the proposes in which the vehicle is used or the categorization of vehicle. Vintage vehicles, are commonly excluded from used motor vehicle lemon laws. Used motor vehicle lemon laws ordinarily cover a much shorter period than brand new motor vehicle ordinances. They oftentimes range from 30 to 90 days, depending on your used vehicle's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that are applicable to your state. Also enquire about the pricing structure. Many lemon law attorneys assume a generally minor retainer to manage a lemon law claim, and subsequently, the attorney's invoices are charged to the original maker. Therefore, lemon law claims are commonly very affordable to customers. The reimbursement of attorney expenses differs from state to state. About half of the states let you to recover your Lawyer expenses if you win. The lawyer's fee is based on actual time used rather than being connected to any share of the recovery. In many States, you have to pay the manufacturing business* attorney's bills if you lose.

Consumers should register their complaints in writing and hold a copy. In every written communication, always delineate how difficult it is to take the automobile to the dealership for corrections and that the reliability that the owner thought He was buying has been non-existent. Any written communication with a dealership or original maker ought to be sent using certified post. In virtually all situations the manufacturers claim that they have not had the requisite number of attempts to remedy the condition. They depend on the fact that the owner doesn't keep repair tickets for each instance they have driven the car into the dealership. They also rely on the fact that the repair tickets have seperate parts fixed each period showing that they have not repaired the same problem. Consumers should reply by demanding that authorized dealerships always send them a warranty repair sheet. Consumers must also reason that these unrecorded trips are attempts.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately page through your owner's binder and warranty info completely, along with the info pertaining lemon law rights that you should obtain when you buy your vehicle. Don't rely on your dealer to show you what defects are covered by warranty. If your dealer states that a problem is not covered and you believe that she is purposely deceiving you, be genteel but confident. Don't be scared to point out the section of the warranty that applies, or to call the original maker for confirmation utilizing the contact information included inside your owner's binder. You shouldn't be obliged pay for corrections pertained to lemon law complaints. It's also crucial to notify the original maker of a complaint promptly. If you are suspicious that your automobile has a problem which cannot be remedied, check into 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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