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Oregon Lemon Law Statutes
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646.320 [Repealed by 1975 c.92 §1 and by 1975 c.255 §17]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646.330 [Repealed by 1975 c.92 §1 and by 1975 c.255 §17]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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