Oregon Lemon Laws

Oregon (OR) Lemon Law Statues

Oregon Lemon Law - Oregon Revised Statutes 646.315-375

646.315

Definitions for ORS 646.315 to 646.375. As used in ORS 646.315 to 646.375:

Consumer shall mean either of the following:

Motor vehicle means any passenger motor vehicle that falls accordingly to the definition as in ORS 801.360 that is sold in this state. [1983 c.469 s1; 1985 c.16 s468; 1987 c.476 s1; 1989 c.171 s 74; 1989 c.202 s1]

646.320

[Repealed by 1975 c.92 §1 and by 1975 c.255 §17]

646.325

Availability of remedy

According to the Oregon lemon law any consumer can avail the remedy that is provided under the provisions of ORS 646.315 to 646.375 if:

  1. A new motor vehicle does not fall in accordance to applicable manufacturer's express warranties;
  2. The consumer does his part of work and 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 was apprised and then notified from or on behalf of the consumer and could repair or 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. <1983 c.469 s2; 1987 c.476 s6>

646.330

[Repealed by 1975 c.92 §1 and by 1975 c.255 §17]

646.335

Consumer's remedies; manufacturer's affirmative defenses

  1. If the manufacturer or its agents or authorized dealers failed to conform the motor vehicle to which the manufacturer's express warranty was applicable by repairing or correcting any defect or condition and as a result of that defect the use, market value or safety of the motor vehicle substantially impairs to the consumer after reasonable attempts despite the fact that consumer has brought in motor vehicle several times, the manufacturer shall:
    • Replace the motor vehicle with a new motor vehicle; or
    • 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 lienholder, 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:
    • That an alleged nonconformity does not substantially impair such use, market value or safety; or
    • That a nonconformity is the result of self abuse, neglect or unauthorized modifications or alterations of the motor vehicle by the consumer. <1983 c.469 s3; 1987 c.476 s2>

646.340

[Repealed by 1975 c.92 §1 and by 1975 c.255 §17]

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:

    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

    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. <1983 c.469 s4>

646.350

[Repealed by 1975 c.92 §1 and by 1975 c.255 §17]

646.355

Use of informal dispute settlement procedure as condition for remedy; binding effect on manufacturer

In case the manufacturer has established or participates in an informal dispute settlement procedure that significantly goes-along with the statutes of Title 16, Code of Federal Regulations, Part 703, as from time to time amended and implies the notification to the consumer of the procedure, ORS 646.335 that is regarding the refunds or replacement shall not apply to any consumer who has not first resorted to the procedure. A decision that is set-forth from arbitration pursuant to the informal dispute settlement procedure shall be obligatory on the manufacturer. <1983 c.469 s5>

646.357

Informal dispute settlement procedure; recordkeeping; review by Department of Justice

According to this section of Oregon lemon law a manufacturer who has established or partakes in an informal dispute settlement procedure is responsible to keep all records of all cases submitted to the procedure under ORS 646.355 and in case required shall make the records available to the Department of Justice. The department may go through all case records kept under this section to conclude whether or not the arbitrators are acting in accordance with with the provisions of ORS 646.315 to 646.375 in reaching their decisions. <1987 c.476 s4>

646.359

Action in court; damages if manufacturer does not act in good faith; attorney fees

  1. This section states that in case a consumer brings an action in court under ORS 646.315 to 646.375 against a manufacturer and the consumer is allowed to avail one of the remedies as specified in ORS 646.335 (1) by the court, the consumer shall also be awarded up to three times the amount of any damages that he has incurred, but the shall also not exceed $50,000 over and above the amount due the consumer under ORS 646.335 (1), if the court finds that the manufacturer did not act in good faith.
  2. The court may award reasonable attorney fees to the prevailing party in an appeal or action under this section. [1987 c.476 §5; 1995 c.618 §96; 1999 c.346 §1]

646.360

[Repealed by 1975 c.92 §1 and by 1975 c.255 §17]

646.361

Limitations on actions against dealers

  1. Under the provision of this section of Oregon lemon law no action commenced by a consumer creates a cause of action against a vehicle dealer.
  2. A manufacturer may not associate the dealer and join his party in any proceeding brought under Oregon lemon law i.e. ORS 646.315 to 646.375, nor the manufacturer is permissible to assemble from a dealer any damages judged so far against the manufacturer in a proceeding brought under ORS 646.315 to 646.375. <1987 c.476 s7>

646.365

Limitation on commencement of action

Any action brought under Oregon lemon law or ORS 646.315 to 646.375 shall be initiated 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. <1983 c.469 s6>

646.370

[Repealed by 1975 c.92 §1 and by 1975 c.255 §17]

646.375

Remedies supplementary to existing statutory or common law remedies; election of remedies

Under Oregon lemon law i.e. ORS 646.315 to 646.375 nothing is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, in a situation 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 to that extent 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. <1983 c.469 s7>