Oregon's 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:
(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. [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646.320 [Repealed by 1975 c.92 §1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.
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; 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. <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646.330 [Repealed by 1975 c.92 §1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 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
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:
(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. <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:
(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 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.
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. <1983 c.469 s5>
646.357
Informal dispute settlement procedure; recordkeeping; 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. <1987 c.476 s4>
646.359 Action
in court; damages if manufacturer does not act in good faith; attorney
fees.
(1) If a consumer brings an action in court
under ORS 646.315 to 646.375 against a manufacturer and the consumer is
granted one of the remedies specified in ORS 646.335 (1) by the court, the
consumer shall also be awarded up to three times the amount of any
damages, not to 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) 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 646.375. <1987
c.476 s7>
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. <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.
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. <1983 c.469 s7>
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