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
- (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
- (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>
646.325 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
(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>
646.335 Consumer's remedies; manufacturer's affirmative
(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
- (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
- (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>
646.345 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
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
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. <1987 c.476 s5; 1995
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>
646.375 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>