The Lemon Law in Oregon
Which vehicles Oregon's lemon law covers, how many repair attempts it takes, the remedy, and the rules for used cars.
Short answer: Oregon's lemon law covers new passenger motor vehicles bought or leased in Oregon (or bought elsewhere and registered in Oregon) for personal, family or household use, including motorcycles and motor homes (but not their living-quarters components). Or. Rev. Stat. §§ 646A.400 to 646A.412
| New car lemon law | Oregon's lemon law covers new passenger motor vehicles bought or leased in Oregon (or bought elsewhere and registered in Oregon) for personal, family or household use, including motorcycles and motor homes (but not their living-quarters components). The consumer must report each defect during the first two years or 24,000 miles, whichever comes first, and the manufacturer must receive direct written notice and a chance to fix it. If a defect that substantially impairs the vehicle's use, market value or safety is not fixed after a reasonable number of attempts, the manufacturer must replace the vehicle or take it back and refund the full purchase or lease price and collateral charges, minus a use allowance. A reasonable number of attempts is presumed, within the two-year/24,000-mile period, if the same defect was repaired three or more times and continues, the vehicle was out of service 30 or more calendar days (60 for a motor home), or a defect likely to cause death or serious injury was subject to repair at least once plus a final attempt. If the manufacturer has a qualifying informal dispute program, the consumer must use it first; its decision binds the manufacturer but not the consumer. A court may award attorney fees and, if the manufacturer did not act in good faith, up to three times damages (capped at $50,000 above the refund or replacement). |
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| How to file a lemon law claim | 1) Report each defect to the manufacturer, its agent or an authorized dealer for repair within two years after original delivery or before the odometer reaches 24,000 miles, whichever comes first. 2) Written notice: the remedy is available only if the manufacturer has received direct written notice from or on behalf of the consumer and had an opportunity to correct the defect. A request for the manufacturer's informal dispute procedure counts as notice. For a defect likely to cause death or serious injury, the repair presumption can apply after one repair plus a final repair attempt by the manufacturer. 3) Arbitration: if the manufacturer has or takes part in an informal dispute settlement procedure that substantially complies with federal rules (16 C.F.R. part 703) and has the consumer notified of it, the consumer must use it first before the refund-or-replacement remedy applies. A decision from that procedure binds the manufacturer but not the consumer. The Oregon Department of Justice may review the manufacturer's case records. The law does not create a state-run arbitration program or set a consumer fee. 4) Deadline to sue: a lawsuit must be filed within one year after the earliest of: the date the mileage reaches 24,000 miles, the end of the two-year period after original delivery, or the end of any extension for war, strike or natural disaster. The court may award attorney fees, expert fees and costs to a consumer who wins (ORS 646A.412). |
Where to get help in Oregon
More Oregon consumer protection
- Your Right to Cancel a Purchase in Oregon
- Contractors and Repair Shops in Oregon
- Filing a Consumer Complaint in Oregon
- All Oregon consumer protection rules
FAQ
How does the lemon law work in Oregon?
Oregon's lemon law covers new passenger motor vehicles bought or leased in Oregon (or bought elsewhere and registered in Oregon) for personal, family or household use, including motorcycles and motor homes (but not their living-quarters components). The consumer must report each defect during the first two years or 24,000 miles, whichever comes first, and the manufacturer must receive direct written notice and a chance to fix it. If a defect that substantially impairs the vehicle's use, market value or safety is not fixed after a reasonable number of attempts, the manufacturer must replace the vehicle or take it back and refund the full purchase or lease price and collateral charges, minus a use allowance. A reasonable number of attempts is presumed, within the two-year/24,000-mile period, if the same defect was repaired three or more times and continues, the vehicle was out of service 30 or more calendar days (60 for a motor home), or a defect likely to cause death or serious injury was subject to repair at least once plus a final attempt. If the manufacturer has a qualifying informal dispute program, the consumer must use it first; its decision binds the manufacturer but not the consumer. A court may award attorney fees and, if the manufacturer did not act in good faith, up to three times damages (capped at $50,000 above the refund or replacement).
How do you file a lemon law claim in Oregon?
1) Report each defect to the manufacturer, its agent or an authorized dealer for repair within two years after original delivery or before the odometer reaches 24,000 miles, whichever comes first. 2) Written notice: the remedy is available only if the manufacturer has received direct written notice from or on behalf of the consumer and had an opportunity to correct the defect. A request for the manufacturer's informal dispute procedure counts as notice. For a defect likely to cause death or serious injury, the repair presumption can apply after one repair plus a final repair attempt by the manufacturer. 3) Arbitration: if the manufacturer has or takes part in an informal dispute settlement procedure that substantially complies with federal rules (16 C.F.R. part 703) and has the consumer notified of it, the consumer must use it first before the refund-or-replacement remedy applies. A decision from that procedure binds the manufacturer but not the consumer. The Oregon Department of Justice may review the manufacturer's case records. The law does not create a state-run arbitration program or set a consumer fee. 4) Deadline to sue: a lawsuit must be filed within one year after the earliest of: the date the mileage reaches 24,000 miles, the end of the two-year period after original delivery, or the end of any extension for war, strike or natural disaster.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.