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Oregon

Leased Vehicle Lemon Law in Oregon

Oregon Lemon Law covers leased passenger vehicles, SUVs, vans, trucks, and motorcycles leased in Oregon (prior to January 1, 2008) or are leased by Oregon residents (on or after January 1, 2008). 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 and value of the vehicle
  • Has manufacturer's defects that occurred during the first year from the delivery date or within the first 12,000 miles on the odometer (whichever period ends first)
  • Has been taken in four times for the same problem or has been out of service for a cumulative total of 30 business days
  • The manufacturer has been notified in writing of the defect within one year from the delivery date or the expiration of the warranty (whichever period ends first) and has the opportunity to repair the vehicle one final time
  • You have participated in the manufacturer's informal arbitration program, if one exists
  • The vehicle is used for personal, family, or household purposes

Under Oregon Lemon Law, within one year after the delivery date of the vehicle or the first 12,000 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.

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.

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:

  • Lease payments
  • 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.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, vehicle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.

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