Keith Mack
Oregon's Lemon Law is a consumer protection law that covers new automobile purchases for up to two years or 24,000 miles, whichever comes first. This law allows consumers who have purchased or leased a new vehicle with major defects or persistent malfunctions to receive a replacement vehicle, a refund, or compensation. To qualify for protection under Oregon's Lemon Law, the vehicle must meet certain criteria, including having a substantial defect that reduces its use, value, or safety, and the consumer must have given the manufacturer or dealer at least three attempts to fix the problem. It is important to note that Oregon's Lemon Law only applies to vehicles purchased within the state, and it does not cover used cars. However, consumers of used vehicles may still be protected under other laws such as the Federal Trade Commission's Used Car Rule and Oregon's Uniform Commercial Code.
Oregon Lemon Law
| Characteristics | Values |
|---|---|
| Protection Period | 2 years or 24,000 miles from the purchase or lease of a new vehicle |
| Remedy | Refund or replacement vehicle |
| Additional Compensation | Cash settlement, lease payments, taxes, fees, and attorney's fees |
| Qualifying Criteria | Part or system under warranty must not be working, problem must be significant, each malfunction must be reported, and at least three failed attempts to fix the issue or vehicle in the shop for a combined total of 30 or more calendar days |
| Vehicle Type | Cars, motorcycles, other "street legal" motor vehicles, and motor homes |
| Purchase Location | Vehicle must be purchased in Oregon |
| Purchase Purpose | Vehicle must be purchased for personal, family, or household purposes during the express warranty period |
| Reporting | Each malfunction must be reported to the manufacturer or dealer |
| Repair Attempts | At least three attempts must be made to fix the problem, or the vehicle must be in the shop for a combined total of 30 or more calendar days |
| Legal Assistance | Oregon State Bar referral service, private attorneys, BBB AUTO LINE dispute resolution program |
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What You'll Learn
- Oregon Lemon Law covers new vehicles for up to two years or 24,000 miles
- To qualify, a part under warranty must not be working, reducing the vehicle's use, value, or safety
- The problem must be reported to the manufacturer or dealer, who must be given a chance to fix it
- At least three attempts must be made to fix the issue, or the vehicle must be in the shop for 30+ days
- If you believe you have a claim, contact a private attorney to discuss your options
Oregon Lemon Law covers new vehicles for up to two years or 24,000 miles
The Oregon Lemon Law is quite extensive and offers protection to consumers for up to two years or 24,000 miles from the purchase or lease of a new vehicle. This law is unique as most states limit lemon law protections to just one year. It is important to note that this law only applies to new vehicles and certain conditions must be met to qualify for protection under the Oregon Lemon Law.
Firstly, the law defines a "consumer" as "the purchaser or lessee, other than for purposes of resale, of a new motor vehicle used for personal, family or household purposes". This means that the Oregon Lemon Law covers people who buy and lease vehicles, but only if the vehicle is brand new.
Secondly, to qualify for protection, there must be a defect or non-conformity with the manufacturer's express warranties. This could be a part or system under warranty not working, or the vehicle not complying with the manufacturer's express warranties. The problem must be significant enough to substantially reduce the vehicle's use, value, or safety.
Thirdly, each malfunction or defect must be reported to the manufacturer or dealer, and they must be given a reasonable number of attempts to fix the problem. Specifically, there must be at least three failed attempts to fix the problem, or the vehicle must be in the shop for a combined total of 30 or more calendar days (60 or more calendar days for a motor home).
If these conditions are met, then consumers may be entitled to a refund (minus a reasonable usage fee) or a comparable new replacement vehicle under the Oregon Lemon Law. Additionally, consumers can recover attorneys' fees as part of all settlements, as the law specifically entitles consumers to have their attorneys' fees paid by the other side.
It is worth noting that the Oregon Lemon Law does not have a provision for an automatic return or cancellation of the vehicle purchase. There is no specified period, such as three days, during which a person can unwind the deal without a legal reason.
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To qualify, a part under warranty must not be working, reducing the vehicle's use, value, or safety
Oregon's lemon law is unique in that it covers new automobile purchases for up to two years or 24,000 miles, whichever comes first. Most states limit lemon law protections to just one year. To qualify for protection under Oregon's lemon law, a part or subsystem of the vehicle under warranty must not be working. The problem must be significant enough to reduce the vehicle's use, value, or safety. This is a legal presumption to help consumers prove lemon law claims, and it is not a barrier to a valid claim.
The issue must be reported to the manufacturer or dealer, who will have the opportunity to fix it. At least three attempts must be made to fix the problem, or the vehicle must be in the shop for a combined total of 30 or more calendar days (60 or more calendar days for a motorhome). If the problem is likely to cause injury or death, at least one attempt must be made.
If you believe you are entitled to protection under Oregon's lemon law, you should contact a private attorney to determine your options. The Oregon State Bar referral service can help you find an appropriate legal representative. You can also check out the Better Business Bureau's Oregon Lemon Law Information page to learn more.
It's important to note that Oregon's lemon law provides for the recovery of attorneys' fees by consumers who prevail in their actions. This means that you can obtain recovery and legal representation without paying out of pocket, as attorneys' fees are requested from the manufacturer as part of all settlements.
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The problem must be reported to the manufacturer or dealer, who must be given a chance to fix it
If you believe you have a lemon vehicle in Oregon, the first step is to notice a defect and bring it to the attention of the manufacturer or an authorized dealer. This is a critical step in the process, as it gives them an opportunity to fix the problem.
The Oregon Lemon Law requires that each malfunction or defect be reported to the manufacturer or dealer, who will then have a chance to remedy the issue. This step is essential, as it demonstrates that you have given the manufacturer or dealer a reasonable opportunity to address the problem before seeking legal recourse. It is important to document and report each problem, as this will help support your case if you need to take legal action.
It is worth noting that Oregon's Lemon Law only applies to new vehicles. Within two years or 24,000 miles from the purchase or lease of a new vehicle, the owner may be eligible for compensation if specific conditions are met. These conditions include the presence of a defect or malfunction that significantly affects the vehicle's use, value, or safety, and this problem must be reported to give the manufacturer or dealer a chance to fix it.
If the manufacturer or dealer fails to repair the defect after a reasonable number of attempts or within a reasonable amount of time, you may have a valid Lemon Law claim. It is important to consult with an attorney to discuss your specific situation and determine your best course of action. Additionally, it is essential to keep detailed records of all repair attempts, receipts, and communications with the manufacturer or dealer to support your claim.
In summary, reporting the problem and giving the manufacturer or dealer a chance to fix it is a crucial step in the Oregon Lemon Law process. It demonstrates your willingness to resolve the issue without legal action and provides them with an opportunity to rectify any defects or malfunctions. By following this process, you can protect your rights as a consumer and seek appropriate remedies under the law.
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At least three attempts must be made to fix the issue, or the vehicle must be in the shop for 30+ days
In Oregon, a vehicle is deemed a "lemon" if it has a defect that significantly impairs its use, value, or safety. The defect must be reported to the manufacturer or dealer, and they must be given a reasonable opportunity to fix the problem.
Oregon's lemon law requires that at least three attempts be made to fix the issue, unless the problem is likely to cause injury or death. In such cases, a single attempt may be sufficient. If the vehicle's issue is not resolved after three attempts, it may qualify as a lemon. Alternatively, if the vehicle has been in the shop for a combined total of 30 or more calendar days (or 60 or more days for a motorhome), it may also be considered a lemon. This is in contrast to most other states, where a single repair attempt may be sufficient to deem a car a lemon if the defect affects the safety of the vehicle.
It is important to note that the 30 days (or 60 days for a motorhome) does not need to be consecutive and can be accumulated over multiple visits. However, these multiple visits must take place within a set time frame, typically the first 12, 18, or 24 months after the original purchase date.
If your vehicle meets the criteria of a lemon, you may be entitled to a refund (minus a reasonable usage fee) or a comparable new replacement vehicle under Oregon's Lemon Law. Additionally, you may be able to negotiate a cash compensation settlement, including full payment of attorneys' fees, if you prefer to keep your vehicle.
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If you believe you have a claim, contact a private attorney to discuss your options
If you believe you have a valid claim under Oregon's Lemon Law, the next step is to contact a private attorney to discuss your options. Oregon's Lemon Law can be complex, and an experienced attorney can help you navigate the specific requirements and protections it offers.
Oregon's Lemon Law provides protections for consumers who have purchased or leased a new vehicle with major defects. It is important to note that the law only applies to new vehicles and not to used cars. To qualify for protection, the vehicle must meet certain criteria. Firstly, a part or subsystem of the vehicle under warranty must not be functioning properly, to the extent that it significantly reduces the vehicle's use, value, or safety. This could include issues with the transmission, engine, or other essential components.
Secondly, each problem must be reported to the manufacturer or dealer, giving them the opportunity to remedy the issue. At least three attempts must be made to fix the problem, or the vehicle must have been in the shop for a combined total of 30 or more calendar days. It is important to keep detailed records of all repair attempts and communications with the manufacturer or dealer, as this documentation will be crucial when filing a claim.
By consulting a private attorney, you can gain a better understanding of your rights and the specific remedies available to you under Oregon's Lemon Law. The attorney can review your case, including the repair history and the impact on your vehicle's use, value, or safety. They can also advise you on the potential outcomes, which may include a replacement vehicle, a refund (minus a reasonable usage fee), or cash compensation.
Additionally, Oregon's Lemon Law provides for the recovery of attorney's fees by consumers who prevail in their actions. This means that if you successfully resolve your claim, you may be able to recover your legal costs from the manufacturer. This provision ensures that you can obtain legal representation without incurring out-of-pocket expenses.
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Frequently asked questions
The Oregon Lemon Law allows consumers whose vehicles are persistently malfunctioning to receive a replacement vehicle or some form of compensation if they meet certain criteria.
To qualify for protection under Oregon’s Lemon Law, the following conditions must be met:
- A part or subsystem of the vehicle under warranty must not be working to the extent that it substantially reduces the vehicle's use, value, or safety.
- Each problem has been reported to the manufacturer or dealer, giving them a chance to remedy the issue.
- At least three attempts have been made to fix the problem or the vehicle has been in the shop for more than 30 days.
No, the motor vehicle must have been purchased in Oregon to be covered by the state's Lemon Law. However, you may still qualify for protection under other laws such as the Federal Trade Commission’s “Used Car Rule” and Oregon’s Uniform Commercial Code.
