Oregon Lemon Law
ORS 646.315 to 646.375, Trade Practices and Antitrust
Regulation, Enforcement Of Express Warranties On New Motor
Oregon Lemon Law 646.315 Definitions for ORS 646.315 to
As used in ORS 646.315 to 646.375:
(a)The purchaser or lessee, other than for purposes of resale,
of a new motor vehicle normally used for personal, family or
(b)Any person to whom a new motor vehicle used for personal,
family or household purposes is transferred for the same purposes
during the duration of an express warranty applicable to such motor
(c)Any other person entitled by the terms of such warranty to
enforce the obligations of the warranty.
(2)"Motor vehicle" means a passenger motor vehicle as defined in
ORS 801.360 that is sold in this state.
Oregon Lemon Law 646.325 Availability of remedy.
The remedy under the provisions of ORS 646.315 to 646.375 is
available to a consumer if:
(1)A new motor vehicle does not conform to applicable
manufacturer's express warranties;
(2)The consumer 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;
(3)The manufacturer has received direct written notification
from or on behalf of the consumer and has had an opportunity to
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.
Oregon Lemon Law 646.335 Consumer's remedies; manufacturer's
(1)If the manufacturer or its agents or authorized dealers are
unable to conform the motor vehicle to any applicable
manufacturer's express warranty by repairing or correcting any
defect or condition that substantially impairs the use, market
value or safety of the motor vehicle to the consumer after a
reasonable number of attempts, the manufacturer shall:
(a)Replace the motor vehicle with a new motor vehicle; or
(b)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 lien holder, 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:
(a)That an alleged nonconformity does not substantially impair
such use, market value or safety; or
(b)That a nonconformity is the result of abuse, neglect or
unauthorized modifications or alterations of the motor vehicle by
Oregon Lemon Law 646.345 Presumption of reasonable attempt to
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
(a)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;
(b)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
Oregon Lemon Law 646.355 Use of informal dispute settlement
Condition for remedy; binding effect on manufacturer.
If the manufacturer has established or participates in an
informal dispute settlement procedure that substantially complies
with the provisions of Title 16, Code of Federal Regulations, Part
703, as from time to time amended, and causes the consumer to be
notified of the procedure, ORS 646.335 concerning refunds or
replacement shall not apply to any consumer who has not first
resorted to the procedure. A decision resulting from arbitration
pursuant to the informal dispute settlement procedure shall be
binding on the manufacturer.
Oregon Lemon Law 646.357 Informal dispute settlement
Record keeping; review by Department of Justice.
A manufacturer which has established or participates in an
informal dispute settlement procedure shall keep records of all
cases submitted to the procedure under ORS 646.355 and shall make
the records available to the Department of Justice if the
department requests them. The department may review all case
records kept under this section to determine whether or not the
arbitrators are complying with the provisions of ORS 646.315 to
646.375 in reaching their decisions.
Oregon Lemon Law 646.359 Judicial review; damages; attorney
(1)If a consumer appeals to a court from a decision resulting
from the informal dispute settlement procedure established by ORS
646.355 because the consumer was not granted one of the remedies
specified in ORS 646.335 (1), and the consumer is granted one of
the specified remedies by the court, the consumer shall also be
awarded up to three times the amount of any damages if the court
finds that the manufacturer did not act in good faith in the
dispute settlement procedure.
(2)If a consumer brings an action under ORS 646.315 to 646.375
against a manufacturer who has not established informal dispute
settlement procedures and the consumer is granted one of the
remedies specified in ORS 646.335 (1), the consumer shall also be
awarded three times the amount of the damages.
(3)The court may award reasonable attorney fees to the
prevailing party in an appeal or action under this section.
Oregon Lemon Law 646.361 Limitations on actions against
(1)Nothing in ORS 646.315 to 646.375 creates a cause of action
by a consumer against a vehicle dealer.
(2)A manufacturer may not join a dealer as a party in any
proceeding brought under ORS 646.315 to 646.375, nor may the
manufacturer try to collect from a dealer any damages assessed
against the manufacturer in a proceeding brought under ORS 646.315
Oregon Lemon Law 646.365 Limitation on commencement of
Any action brought under ORS 646.315 to 646.375 shall be
commenced within one year following whichever period ends
(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.
Oregon Lemon Law 646.375 Other Remedies
Other Remedies supplementary to existing statutory or common law
remedies; election of remedies.
Nothing in ORS 646.315 to 646.375 is intended in any way to
limit the rights or remedies that are otherwise available to a
consumer under any other law. However, 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
insofar 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.