Oregon Lemon Law
Oregon Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Oregon consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV’s, boats, computers and other consumer appliances and products. To qualify under the Oregon Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer’s factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. If you think you qualify for a Lemon Law, click here for a free Oregon Lemon Law case review or for an immediate evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation.
For other useful Oregon Lemon Law information, click here to visit the Oregon section of our State Lemon Laws summaries page. Or just keep reading below for the entire Oregon Lemon Law, or click here to read the federal lemon law.
Oregon Lemon Law
ORS 646.315 to 646.375
Trade Practices and Antitrust Regulation
Enforcement Of Express Warranties On New Motor Vehicles
646.315 Definitions for ORS 646.315 to 646.375.
As used in ORS 646.315 to 646.375:
(1) "Consumer" means:
(a) The purchaser or lessee, other than for purposes of resale, of a new
motor vehicle normally used for personal, family or household purposes;
(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 vehicle; and
(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.
646.325 Availability of remedy.
The remedy under the provisions of ORS 646.315 to 646.375 is available to a consumer
(1) A new motor vehicle does not conform to applicable manufacturer's express
(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; and
(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.
646.335 Consumer's remedies; manufacturer's affirmative defenses.
(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
(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 the consumer.
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:
(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; or
(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
(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.
646.355 Use of informal dispute settlement procedure.
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
646.357 Informal dispute settlement procedure.
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.
646.359 Judicial review; damages; attorney fees.
(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.
646.361 Limitations on actions against dealers.
(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 to
646.365 Limitation on commencement of action.
Any action brought under ORS 646.315 to 646.375 shall be commenced 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.
646.375 Other Remedies
Other Remedies supplementary to existing statutory or common law remedies; election of
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.
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