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Oregon (OR) Lemon Law Statutes
646A.400-646A.418
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Monday, September 26, 2016

Oregon's Lemon Law - Oregon Revised Statutes 646A.400-646A.418

646A.400 Definitions for ORS 646A.400 to 646A.418. As used in ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies):

(1) "Collateral charge" means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as:

(2) "Consumer" means:

(3) (a) "Motor home" means a motor vehicle that is a new or demonstrator vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab or van that becomes an integral part of the completed vehicle, and that is designed to provide temporary living quarters for recreational, camping or travel use.

(4) "Motor vehicle" means a passenger motor vehicle as defined in ORS 801.360 ("Motor vehicle") that is purchased in this state or is purchased outside this state but registered in this state. [Formerly 646.315; 2009 c.448 §1]

646A.402 Availability of remedy.
The remedy under the provisions of ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) is available to a consumer if:

646A.404 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 (1) If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the motor vehicle to an applicable manufacturer’s express warranty by repairing or correcting a 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:

(2) Refunds must be made to the consumer and lienholder, if any, as the interests of the consumer and lienholder may appear.

(3)(a) As used in this section, "reasonable allowance for the consumer’s use of the motor vehicle" means:

(4) It is an affirmative defense to a claim under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) that:

646A.405 Manufacturer action under ORS 646A.404

(1) A manufacturer that takes an action with respect to a motor vehicle under ORS 646A.404 (Consumer's remedies) (1)(a) or (b) shall request the Department of Transportation to:

(2) A person that acquires a motor vehicle in order to sell, lease or otherwise transfer the motor vehicle and that knows or should have known that the manufacturer took an action with respect to the motor vehicle under ORS 646A.404 (Consumer's remedies) (1)(a) or (b) or that the certificate of title for the motor vehicle is inscribed with the notation specified in subsection (1) of this section, before selling, leasing or otherwise transferring the motor vehicle shall:

(3) Failure to comply with the requirements of subsection (1) or (2) of this section is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) and a person that fails to comply with the requirements is subject to the causes of action and remedies provided in ORS 646.632 (Enjoining unlawful trade practices) and 646.638 (Civil action by private party).

(4) The Director of Transportation may adopt rules to prescribe the form and content of the notice required under this section and to require the disclosure of other information the director deems necessary to inform a buyer, lessee or transferee of the condition of a motor vehicle that is subject to the provisions of this section or information that is otherwise material to a sale, lease or transfer of the motor vehicle. [2009 c.448 §10]

646A.406 Presumption of reasonable attempt to conform

(1) It is 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 two-year period 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 24,000 miles, whichever period ends first:

(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 24,000 miles, the two-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) The presumption described in subsection (1) of this section does not 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. [Formerly 646.345; 2009 c.448 §4]

646A.408 Use of informal dispute settlement procedure as condition for remedy

If a manufacturer, for the purpose of settling disputes that arise under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies), establishes or participates in an informal dispute settlement procedure that substantially complies with the provisions of 16 C.F.R. part 703, as in effect on June 23, 2009, and causes a consumer to be notified of the procedure, ORS 646A.404 (Consumer's remedies) does not apply to a consumer who has not first resorted to the procedure. A decision resulting from arbitration pursuant to the informal dispute settlement procedure is binding on the manufacturer but is not binding on the consumer. [Formerly 646.355; 2009 c.448 §5]

646A.410 Informal dispute settlement procedure

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 646A.408 (Use of informal dispute settlement procedure as condition for remedy) 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 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) in reaching their decisions. [Formerly 646.357]

646A.412 Action in court

(1) If a consumer brings an action in court under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) against a manufacturer and the consumer is granted one of the remedies specified in ORS 646A.404 (Consumer's remedies) (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 646A.404 (Consumer's remedies) (1), if the court finds that the manufacturer did not act in good faith.

(2) Except as provided in subsection (3) of this section, the court may award reasonable attorney fees, fees for expert witnesses and costs to a consumer who prevails in an appeal or action under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies). If a court finds that a consumer brought an action under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) in bad faith or solely for the purposes of harassment, the court may award a prevailing manufacturer reasonable attorney fees.

(3) The court may award reasonable attorney fees, fees for expert witnesses and costs to the prevailing party in an appeal or action under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) that involves a motor home. [Formerly 646.359; 2009 c.448 §6]

646A.414 Limitations on actions against dealers.

(1) Except as provided in ORS 646A.405 (Manufacturer action under ORS 646A.404), nothing in ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) creates a cause of action by a consumer against a vehicle dealer.

(2) A manufacturer may not join a dealer as a party in a proceeding brought under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies), nor may the manufacturer try to collect from a dealer damages assessed against the manufacturer in a proceeding brought under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies). [Formerly 646.361; 2009 c.448 §7]

646A.416 Limitation on commencement of action.

An action brought under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) must be commenced within one year after whichever of the following periods ends earlier:

(1) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles;

(2) The two-year period following the date of the original delivery of the motor vehicle to the consumer; or

(3) The period that ends after an extension of time provided under ORS 646A.406 (Presumption of reasonable attempt to conform) (3). [Formerly 646.365; 2009 c.448 §8]

646A.418 Remedies supplementary to existing statutory or common law remedies

Nothing in ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) 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 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) shall not be available insofar as it would result in recovery in excess of the recovery authorized by ORS 646A.404 (Consumer's remedies) without proof of fault resulting in damages in excess of such recovery. [Formerly 646.375]