Oregon Lemon Law
It’s heart-wrenching to realize that your new car is defective. Thankfully, state consumer protection laws can help. Here’s a summary of Oregon’s lemon law:
New cars: Yes
Used cars: No
Business vehicles: No
Leased vehicles: Yes
Lemon law period: 2 years/24,000 miles
What is a Lemon Car Under Oregon Law?
Oregon lemon law covers new passenger vehicles, SUVs, vans, trucks, and motorcycles that are owned or leased by Oregon residents. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, value, or safety of the vehicle
- Has manufacturer’s defects that occurred during the two years from the delivery date or within the first 24,000 miles on the odometer (whichever period ends first)
- Has been taken in three times for the same problem, has been taken in one time if the problem is likely to cause injury or death, or has been out of service for a cumulative total of 30 business days
- The manufacturer has been notified in writing of the defect and has been given the opportunity to repair the vehicle one final time
- The vehicle is used for personal, family, or household purposes
- You have participated in the manufacturer’s informal arbitration program, if one exists
Oregon Revised Statutes, Sections 646.315 through 646.375 is the state’s lemon law.
Getting Lemon Justice: Oregon Lemon Law Relief
Oregon lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- License fees
- Registration fees
- Collateral charges
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle. If you go to court and it is determined that the manufacturer acted in bad faith, the monetary award can be tripled, but cannot exceed $50,000.
Pursuing an OR Lemon Law Claim
Under Oregon lemon law, within two years after the delivery date of the vehicle or the first 24,000 on the odometer (whichever comes first), you must notify the manufacturer in writing of the problem and give them a final opportunity to repair your vehicle. Send your letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
You must also participate in the manufacturer’s informal dispute resolution process (if one exists) before you are eligible to file a lemon law claim in court. The manufacturer is bound by the arbitrator’s decision, but you are not.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 12,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have an Oregon lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.