Free Oregon Lemon Law FAQs | Free Oregon Lemon Law Legal Documents

Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, full disclosure is required.

Does The State Of Oregon Have A Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

No.

What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

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.

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

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, that is accepable to you, or a refund.

In the case of a refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, based on the number of miles driven from date of delivery. After this deduction, you are entitled to receive the full purchase price, taxes, license and registration fees, and all other similar governmental fees, excluding finance interest.

If the following conditions prevail, you are not eligible for legal remedy under the Lemon Law:

The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, they prove that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
If the manufacturer proves that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

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 number of attempts in the following situations:

If you have taken the car in for at least four repair attempts for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 30 or more business days, while being repaired for any number of defects, and the defect continues to exist. This 30day period may be extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.

After step one is exhausted, you must provide preferably by certified mail, return receipt requested written notification to the manufacturer of the defect, giving the manufacturer a final opportunity to repair it. In this notice, be sure to include your name and contact information, a description of the problem and repair history, and the vehicle`s year, make, model, and vehicle ID number. Be sure to keep a copy of this letter for your records.

The manufacturer is then required to make one final attempt to repair the defect.

What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

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 the Lemon Law as long as you can justify that the number of repair attempts or days out of service you encountered were unreasonable.

You may also have other rights under other state and federal laws, such as the following: the federal MagnusonMoss Warranty Act ; the Uniform Commercial Code (UCC); your service contract or extended warranty; secret warranties; implied warranties; express warranties; unfair and deceptive acts and practices (UDAP); and strict liability and negligence.

Consult an attorney, theOregon Department of Justice Civil Enforcement Division, ot the Center for Auto Safety to determine which remedy would be best for your situation.

What Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

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 extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.

What Types Of Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

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 unauthorized modifications or alterations to the vehicle.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

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 personal, family, or household purposes.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

A new motor vehicle normally used for personal, family or household purposes.

4 repair attempts or 30 business days out of service.

1 year or 12,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Oregon Department of Justice
Civil Enforcement Division
1162 Court Street NE
Justice Building
Salem, OR 97310
5033784732
www.doj.state.or.us/FinFraud/welcome3.htm

Oregon State BAR Association
Lawyer Referral Service
8004527636 or 5036843763

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

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Sat, 28 Nov 2009 08:27:59 GMT

Free Lemon Law Attorney FAQs