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Purpose of the Law

The lemon law in Oregon protects residents who purchase or lease new vehicles that turn out to be defective. By offering legal remedies for those stuck with persistently malfunctioning vehicles, the law ensures that consumers aren’t left bearing the financial burden of a faulty new car. Lemon law, for Oregonians, addresses one of the largest investments many will make, providing peace of mind and a clear path to resolution when substantial vehicle defects arise.
Scope in Oregon
In Oregon, the new car lemon law is designed to protect consumers from defects that substantially impair a vehicle’s use, value, or safety. The law holds manufacturers accountable for delivering reliable products. There are a number of criteria a car must satisfy to be classified as a lemon in Oregon, and timelines that must be followed to pursue a lemon law claim.
Oregon’s Criteria for a Lemon Vehicle
- What Qualifies as a Lemon
Under Oregon’s lemon law, a vehicle qualifies as a “lemon” if it meets certain conditions tied to repair attempts or time out of service. The lemon law in Oregon protects consumers if the same defect has required at least three unsuccessful repair attempts, or if the vehicle has been unfit for use for 30 or more calendar days (60 or more calendar days for a motorhome) due to warranty repairs. These days are combined totals; they don’t have to be consecutive. Defects posing a serious safety risk require only a single failed repair. This flexibility ensures that dangerous issues are addressed swiftly. - Eligible Vehicles
To reiterate, Oregon’s lemon law covers new vehicles. New cars, motorcycles, and motor homes (the drivable portion, not the living section) are covered. Vehicles can be bought or leased within the state (or elsewhere, as long as they are registered in Oregon) for personal, family, or household use. Also included as covered by the Oregon lemon law are demonstrator vehicles.
For more information on arbitration and other frequently asked lemon law questions, click here
- What About the Used Car Lemon Law in Oregon?
Please note: Used cars are not covered under Oregon’s lemon law. See our discussion on potential coverage for certified pre-owned cars in our FAQ section. - Time and Mileage Restrictions
Defects have to be reported within two years of the vehicle’s delivery date, or before the odometer reaches 24,000 miles, whichever comes first. These limits set a focus on problems that can occur early on with a new car.
For issues that don’t fall within these criteria, a lemon law attorney in Oregon may be able to use the federal Magnuson-Moss Warranty Act to pursue compensation on clients’ behalf.
Think you have a lemon, click here to fill out a 30 second form.
Filing a Lemon Law Claim in Oregon
- Process Overview
The claim process under Oregon’s lemon law starts with notifying the manufacturer or dealer about the defect, in writing. They are allowed a fair chance to fix it. After that point, consumers can move forward with a lemon law claim if the issue persists beyond the required repair attempts or days out of service. Sometimes, manufacturers may require an informal dispute resolution step, like arbitration, before legal action can proceed. - Key Deadlines
As previously stated, in Oregon, defects must be reported within two years of delivery or before 24,000 miles. If arbitration is involved, additional deadlines may apply, set by the manufacturer’s process. Missing these time limits could derail a claim. It’s important to know the deadlines, and that is one of the functions of a lemon law attorney. Lemon law lawyers in Oregon will keep the case on track and follow all required timelines, plus review all documentation that backs up the claim (we discuss that further, below).
Compensation Under Oregon’s Lemon Law
- Consumer Options
When a vehicle is classified as a lemon in Oregon, consumers can choose as compensation a full refund, a replacement vehicle, or sometimes a cash settlement. The lemon law in Oregon prioritizes consumer needs over the manufacturer’s preferences. - Remedy Details
For a refund, manufacturers must repay the purchase price, minus a reasonable deduction for mileage accrued before the defect was reported. In replacement cases, a comparable new vehicle must be provided, subject to the consumer’s approval. Additional compensation, like reimbursement for taxes, fees, or legal costs, may also apply. - Manufacturer Responsibilities
Once a vehicle is deemed a lemon, manufacturers must honor the consumer’s chosen remedy, whether that’s a refund or replacement. Beyond that, they must cover incidental expenses, such as towing or rental car fees, stemming from the defect. Check with a lemon law attorney in Oregon regarding suing for these expenses.
Unique Aspects of Oregon’s Lemon Law
- Special Coverage
While used car lemon law doesn’t apply in Oregon, the state’s lemon law includes some special features. Leased vehicles and motorcycles are covered, extending its reach compared to some other states. In fact, many “street-legal” (registered and titled for use on public roads) new vehicles are covered under Oregon lemon law. Some are not, such as vehicles over 10,000 pounds, motorized bicycles, garden tractors and others. Check with a Oregon lemon law lawyer for specifics. - Dispute Resolution
Oregon encourages, but doesn’t require, informal dispute resolution before court action. Many manufacturers offer arbitration programs, which consumers might need to try first. Dissatisfied with the result? Legal recourse remains an option, preserving flexibility for claimants. - Extra Protections
Among the state law’s standout provisions is the recovery of attorney fees for lemon law lawyers’ services in Oregon. Consumers who win their case will have their legal costs covered by the manufacturer. This feature makes it easier on consumers who have likely already been frustrated with the costs of dealing with their faulty vehicles.
Navigating Oregon’s Lemon Law
- State-Specific Resources
For Oregonians, help is available through state channels. The Oregon Department of Justice’s Consumer Protection Division provides guidance and mediation support. Meanwhile, the Oregon State Bar can connect consumers with a lemon law attorney in Oregon. - Legal Support in Oregon
Although hiring a lawyer isn’t mandatory, consulting one familiar with Oregon’s lemon laws can boost success rates. With free consultations common, no upfront fees and potential associated fees and court fee recovery, professional help is easily available. - Practical Tips
Document everything: repair visits, dates, and outcomes. Write to dealers and manufacturers, and document phone calls to ensure there is a definitive paper trail of communication. If safety is at stake, act fast; the law prioritizes such defects. - It’s important to be proactive to get the remedies consumers are entitled to. It’s recommended to consult an experienced lemon law attorney in Oregon to maximize chances of winning full compensation for a defective vehicle.
Allen Stewart, P.C. Provides Expert Lemon Law Representation in Oregon
When you need an experienced lemon law attorney in Oregon who aggressively fights for your rights, call Allen Stewart, P.C. (866-440-2460). We expertly represent clients in every type of lemon law case in Oregon. We’ve handled complex cases, plus cases where the manufacturer tried to avoid or dismiss its obligations. As federal law experts, we also bring the Magnuson-Moss Warranty Act to bear when we need an additional avenue to ensure our clients’ rights are protected.
Call Allen Stewart, P.C. now (866-440-2460) for your free consultation, or contact us online. Thanks to federal law, our clients pay nothing out of pocket, so contact us for a free consultation.
Oregon Lemon Law FAQs
Does Oregon’s Lemon Law apply to used vehicles or only new ones? -
Only new cars are covered under the Oregon lemon law.
What compensation can a consumer receive under Oregon’s Lemon Law? +
Under Oregon’s lemon law, if your car is deemed a lemon, you can choose between a refund (a reasonable fee will be deducted for miles you have driven the car) or a comparable replacement vehicle as compensation.
What should I look for when choosing a Lemon Law lawyer in Oregon? +
Check the lawyer’s track record for success, especially handling cases like yours. Read reviews about the lawyer’s effectiveness and responsiveness, and ensure the lawyer has handled cases in your state.
How long does a Lemon Law case typically take in Oregon? +
Lemon law cases usually take around 3 months to resolve, but can be settled in a shorter timeframe when lemon law lawyers in Oregon negotiate a settlement with the manufacturer.
Can a lawyer negotiate a settlement with the manufacturer before going to court? +
Yes, a lemon law attorney in Oregon can at any time negotiate a settlement with the manufacturer before going to court.
Are there specialized Lemon Law attorneys in Oregon for different vehicle types? +
Most lemon law lawyers in Oregon handle all cases involving multiple vehicle types, such as cars, trucks, motorcycles and the self-propelled portions of motorhomes. Boats are not covered under Oregon lemon law.
What legal strategies do attorneys use to win Lemon Law cases? +
Attorneys examine evidence and bring all their knowledge of state and federal laws to bear to negotiate with manufacturers and represent clients in arbitration and in court. The crux of every case is proving that a substantial defect negatively impacts a vehicle’s use, value, or safety.
Are there any recent changes to Oregon’s Lemon Law that attorneys should be aware of? +
No, there are no recent changes to Oregon’s lemon law.
Does Oregon Lemon Law apply to used or certified pre-owned vehicles? +
Used car lemon law isn’t applicable in Oregon. Certified pre-owned vehicles could potentially be covered if the defect occurs within the warranty period and meets the other criteria. Consult an attorney who will review your particular situation.
How many repair attempts are required before a car is considered a lemon in Oregon? +
Three attempts are the minimum for most defects, but one attempt is often the standard if the issue is safety-related.
What if the dealer refuses to honor Oregon Lemon Law obligations? +
Your lemon law attorney can aggressively pursue your interests by contacting the manufacturer to ensure they alert the dealer that you have won your lemon law claim and the dealer must adhere to the manufacturer’s wishes regarding its obligations under the law.
What happens if the manufacturer offers a warranty extension instead of a buyback? +
It is recommended that you consult your attorney to see if a warranty extension is in your best interests and if it violates your rights in any way.
Can I pursue a Lemon Law claim in Oregon for electric or hybrid vehicles? +
Yes, since Oregon’s lemon law covers new vehicles, electric and hybrid new vehicles are included as covered under the law, as long as they meet all of Oregon’s lemon law criteria.
What if I bought my car in another state but registered it in Oregon—can I still file under Oregon Lemon Law? +
Yes, if you purchased the car in another state and registered it in Oregon, you can file under Oregon lemon law.
What are common mistakes to avoid when filing a Lemon Law claim in Oregon? +
A top mistake that can put a claim at risk is not following the required timelines for a lemon law claim. The attorney will communicate with the manufacturer, and ensure timely notifications regarding repairs and necessary negotiations. Your attorney will update you on your case’s progress and manage filing deadlines.
Can I sue the car manufacturer directly in Oregon under the Lemon Law? +
That is the purpose of a lemon law claim: to hold the manufacturer accountable and provide remedies such as a replacement vehicle or a refund. Your attorney will pursue this in court (unless the case is settled instead). The attorney will follow the lemon law claim process, which includes notifying the manufacturer as a prerequisite.
How does arbitration work for Lemon Law disputes in Oregon? +
Arbitration is not mandatory under Oregon lemon law. But, if the manufacturer has established or participates in an informal dispute resolution procedure (often arbitration), the consumer is required to use this before suing in court. This is usually a more informal process than going to court. The decision is binding on the manufacturer, but not the consumer. If the consumer is not satisfied, they can have their attorney sue the manufacturer.