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Oregon Lemon Law: Do You Qualify?

Under the ORS 646A.400 to 646A.418 (Oregon Lemon Law).

Oregon's lemon law covers new motor vehicles, including leased ones, bought in Oregon or bought elsewhere and registered in Oregon. If the manufacturer, its agent or its dealer cannot fix a defect that substantially impairs the use, market value or safety of the vehicle after a reasonable number of attempts, the manufacturer must replace it or take it back and refund your money. Oregon presumes a reasonable number of attempts after three repairs of the same problem, 30 calendar days out of service, or one repair plus a final attempt for a defect likely to cause death or serious injury, but only once the manufacturer has had written notice and a chance to cure. If your vehicle keeps coming back with the same problem, you may qualify; the free checker below applies Oregon's rules to your answers.

Oregon lemon law at a glance

Coverage window
Each defect must be reported during the two years after original delivery or until the odometer reaches 24,000 miles, whichever ends first. The 24,000-mile period, the two-year period and the 30-day period are extended by any time repair services are not available because of war, invasion, strike, fire, flood or other natural disaster (ORS 646A.406(3)); the deadline to sue names the period as extended (ORS 646A.416).
Repair attempts
3 or more repairs of the same nonconformity, with an opportunity to cure, and it continues to exist. For a defect likely to cause death or serious bodily injury: at least 1 repair and a final attempt, and it continues. All within the period above, though a repair that must take place after the period ends still counts.
Days out of service
A cumulative total of 30 or more calendar days, or 60 or more calendar days for a motor home.
Written notice
The manufacturer must have received direct written notification from or for you and had an opportunity to cure. The presumption does not apply without it. A request for the manufacturer's informal dispute procedure counts as notification.
Dispute program
Required first only if the manufacturer has an informal dispute procedure that substantially complies with 16 C.F.R. part 703 (as in effect on June 23, 2009) and has notified you. Its decision binds the manufacturer, not you. The act does not set up a state-run program.
Deadline to sue
Within one year after whichever ends earliest: the 24,000-mile period, the two-year period after original delivery, or the period as extended.
Who is covered
The purchaser or lessee, other than for resale, of a new motor vehicle normally used for personal, family or household purposes; a person to whom such a vehicle is transferred for the same purposes during the duration of an express warranty applicable to it; and any other person entitled by the terms of the warranty to enforce it. The Act does not say whether a buyer's own business use matters.
Used vehicles
The act covers new vehicles. A person to whom a new vehicle is transferred during the duration of an express warranty applicable to it, for personal, family or household use, is also a consumer. The act has no separate used-vehicle section in the provisions we hold.
Vehicles
A "motor vehicle" is a passenger motor vehicle as defined in ORS 801.360 (a vehicle "self-propelled or designed for self-propulsion") purchased in Oregon, or purchased elsewhere and registered in Oregon. Motor homes and motorcycles are priced in the act. A motor home does not include a trailer, camper, van or its "living facility components". The act sets no weight limit and does not say whether a heavy truck is a "passenger" motor vehicle.
Manufacturer defenses
It is an affirmative defense that the nonconformity does not substantially impair the use, market value or safety of the vehicle, or is the result of abuse, neglect or unauthorized modifications or alterations.
Dealers
The act creates no cause of action against a vehicle dealer (except for the notice a later seller of a returned vehicle must give), and a manufacturer may not join a dealer as a party or collect from a dealer damages assessed against the manufacturer.
Returned vehicles
A manufacturer that replaces a vehicle or takes it back must have the title issued in its name marked "Lemon Law Buyback", and a later seller who knows or should have known must give the buyer a signed notice saying so.
Other remedies
The act does not limit other rights and remedies. If you elect another remedy in state or federal court, the act's remedy is not available to the extent it would give more than ORS 646A.404 without proof of fault resulting in greater damages.

Check your Oregon eligibility now

Free, anonymous, and specific to Oregon. Answer a few questions about your vehicle and repair history to see whether you may qualify.

Oregon lemon law: frequently asked questions

How many repair attempts does the Oregon lemon law require?
Oregon presumes a reasonable number of attempts after three or more repairs of the same nonconformity, with an opportunity to cure, if it continues to exist. For a nonconformity likely to cause death or serious bodily injury, one repair plus a final attempt is enough. Thirty or more cumulative calendar days out of service (60 for a motor home) is a separate way to reach the presumption. The nonconformity must continue to exist for the three-attempts and safety cases. The presumption looks at the two years after delivery or 24,000 miles, whichever ends first, but a repair that must take place after that period ends still counts (ORS 646A.406(2)), and the manufacturer must have had prior direct written notice and a chance to cure (ORS 646A.406(4)).
How long do I have to sue under the Oregon lemon law?
An action must be commenced within one year after whichever ends earliest: the period ending at 24,000 miles, the two-year period after original delivery, or the period as extended for war, strike, fire, flood or other natural disaster (ORS 646A.416). The two-year and 24,000-mile limits also govern when you must report each defect.
Do I have to give the manufacturer written notice?
Yes. The remedy requires that the manufacturer has received direct written notification from or on behalf of the consumer and has had an opportunity to correct the defect, and the presumption does not apply without prior written notification (ORS 646A.402(3), 646A.406(4)). The statute names no form or method for the notice and sets no time for the manufacturer to cure.
Do I have to go to arbitration before suing?
Only if the manufacturer has set up or takes part in an informal dispute procedure that substantially complies with the federal rule, 16 C.F.R. part 703, as in effect on June 23, 2009, and has told you about it. Then the lemon-law remedy does not apply to you until you have first used it. The decision binds the manufacturer but not you (ORS 646A.408). The Department of Justice's lemon-law page lists BBB AUTO LINE as a resource and says to contact a private attorney (the Oregon State Bar referral service can help); it does not say whether that program meets ORS 646A.408.
What can I recover if my vehicle qualifies in Oregon?
The manufacturer must replace the vehicle with a new one, or accept return and refund the full purchase or lease price and collateral charges paid, less a reasonable allowance for your use, set by a formula in the statute (ORS 646A.404). The refund is paid to you and the lienholder as your interests appear. In a court action, a prevailing consumer may be awarded attorney fees, expert witness fees and costs, and, if the court finds the manufacturer did not act in good faith, the consumer shall also be awarded up to three times damages, not more than $50,000 over the amount due (ORS 646A.412). The act does not limit other remedies under other law (ORS 646A.418).

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Statutes cited on this page

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Lemon law guides for other states

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