What Are My Options For Action Under The Lemon Law?

If manufacturer either fails to make a final attempt to repair the defect, or if the defect still exists after such an attempt, you may seek to receive a replacement vehicle or a refund via the following options:

Manufacturer`s Arbitration Program: If the manufacturer participates in a thirdparty arbitration program and notifies you of the procedure, then you are obligated to try to solve the problem through this program in order to be eligible for a refund or replacement vehicle.

Also known as informal dispute settlement, arbitration is an informal process that consumers may use to obtain speedy resolution of a warranty dispute without having to go to court, and it is legally binding on the manufacturer only. At an arbitration hearing, the seller and buyer testify before an arbitrator about the condition of the vehicle.

You can find out if the manufacturer of your vehicle sponsors an arbitration program that is certified in the state of Oregon by reading the information accompanying your warranties, by asking your local dealer or zone representative, or by contacting the Oregon Office of the Attorney General.

If you use an arbitration program, the decision reached through the program is not binding on you; this means that if you are not satisfied with the decision, you may appeal it in court.

Court Action: If you have met the requirements listed above of this Lemon Law and if you reject the manufacturer`s dispute resolution program`s decision(s), your other option is going to court.

If you do seek court action, you should consult with an attorney; you may find referrals for attorneys who specialize in Lemon Law cases by contacting the Oregon State Bar Association . You must file your lawsuit within the earlier of two years after taking delivery of the vehicle, or one year after your vehicle reached 12,000 miles.

If the court finds in your favor, you should be able to recover attorney`s fees.

Other Oregon Lemon Law FAQs

Q: What Vehicles Are Covered Under The Lemon Law?
A: This law covers passenger motor vehicles that are sold in the state of Oregon, including leased vehicles and motorcycles, and that were purchased primarily for … More
Q: What Is The Lemon Law Term Of Protection?
A: The term of protection is for the first year of ownership from date of delivery or the first 12,000 miles, whichever is reached first. This term of protection may be … More
Q: What Types Of Defects Are Covered?
A: It covers any defect or series of defects that substantially impair the use and value of the vehicle, and that are not the result of your abuse, neglect, or … More
Q: What Do I Need To Do Before I Can Claim That My Car Is A Lemon?
A: The vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable … More
Q: What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?
A: If your vehicle does not meet the term of protection or other specifics of the Lemon Law, it does not mean that your rights stop there. You still may be able to invoke … More
Q: What Are The Possible Outcomes?
A: If the Lemon Law criteria are met, the law presumes that you are entitled to receive a comparable new replacement vehicle, of the same model with the same features, … More
Q: Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?
A: Yes, full disclosure is required.
Q: Does The State Of Oregon Have A Used Car Lemon Law?
A: No.
Q: Where Can I Get More Information About The Lemon Law?
A: Oregon Department of Justice Civil Enforcement Division 1162 Court Street NE Justice Building Salem, OR 97310 5033784732 … More