Oregon Lemon Law Explained
Have you purchased a lemon vehicle?
Under Oregon Lemon Laws, consumers who purchase or lease a new vehicle with significant defects are protected. Since 1983, this law has been on the books to allow Oregon residents to receive a new vehicle or a refund minus a reasonable allowance based on mileage.
According to the Lemon Law Oregon, you must report any issues to the dealer within the initial 24 months of ownership or before you have driven 24,000 miles. If you have done so, you could be eligible to claim. However, you must ensure that you have an experienced Oregon Lemon Law attorney by your side who can enable you to fight for justice.
Unlike other law firms in Oregon and other states, we charge you nothing upfront to evaluate and pursue your case. We only take a percentage from your final settlement, allowing you to receive recompense for your vehicle risk-free.
Presumption: during term of protection (earlier of warranty term or one year following delivery), either (1) 3 or more repair attempts or (2) out of service for 30 or more calendar days.
Passenger motor vehicles that are self-propelled, sold in Oregon, and subject to registration and title in Oregon or any other state. Excludes motorized bicycles; motor homes used as a dwelling place, living abode or sleeping place; garden tractors; recreational vehicles or off-road vehicles; and vehicles over 10,000 pounds gross vehicle weight.
“Substantially impair” is defined to mean to render a vehicle unreliable or unsafe for normal operation or to reduce its resale market value below the average resale value for comparable vehicles.
If the manufacturer, its agent, or an authorized dealer is unable to conform the motor vehicle to any applicable express warranty by correcting a nonconformity after a reasonable number of attempts, then the manufacturer must replace or repurchase the motor vehicle.
If the problems with your vehicle started after the first year or outside the warranty period (whichever is longer), you may still be protected under the magnuson-moss warranty act, which provides for loss in value.
No this is free of charge you will not pay counsel fees.
The Lemon Law is designed so that the owner of a defective vehicle is fully reimbursed and not stuck paying additional expenses or costs. The law includes a fee-shifting provision that requires the vehicle manufacturer to pay all attorneys’ fees and other legal costs if the consumer wins the case IN ADDITION TO reimbursement for all repairs and service visits at the dealer.
All your expenses are paid whether you choose the repurchase remedy, replacement vehicle remedy or a cash and keep settlement.
Yes, we file Lemon Law claims for vehicle owners throughout Oregon no matter where they live in the state. If we need to have an expert inspect your vehicle and write a report, we will send that person to you.
A substantial amount of cases settle in 30 to 90 days. We will work to get our clients cases resolved as quickly as possible for the best result possible with a goal of settling each case within the first 30 to 90 days. If we can’t get your case resolved in that time , we will file suit against the manufacturer if they refuse to give our clients everything they're legally entitled to.
We would be able to help you with other available consumer protection laws if your vehicle has had an unreasonable amount of repairs under the manufacturer’s warranty and is a 2018 model or newer. Call Timothy Abeel & Associates at 888.611.5481 or contact us online to find out if you have a breach of warranty or loss in value claim.
Timothy Abeel & Associates P.C. works to get the owners of defective or malfunctioning vehicles the settlement they deserve as fast as possible. Give our firm a call at 888-611-5481 to find out what you are entitled to as a consumer.
Yes, the Lemon Law in Oregon states that you have 24 months (two years) or 24,000 miles to file your claim, whichever comes first. So, if you pass the 24,000-mile mark after 18 months, this would prevent you from pursuing your claim through the court.
However, these limits only apply to your initial report of the vehicle’s outstanding issues. After that initial report, follow-up repair attempts will extend the coverage period. Under these rules, you can file your case after the 2nd repair attempt in case of severe safety issues or the 4th failed attempt for all other issues.
All claims made via Oregon Lemon Law lawyers through the courts must be filed within 12 months of your coverage period expiring.
The Federal Magnuson-Moss Warranty Act applies to various products that come with warranties. However, the Act also has several points that apply to vehicle warranties, including:
- No product is required to possess a warranty
- The content of your warranty must be written in simple, understandable language
- Ambiguities within the warranty’s language will be held against the warranty provider
- Dealers and manufacturers cannot require that branded parts be used for your warranty to remain valid
- Service contracts also follow the same rules
If you have received a full warranty, the dealer or manufacturer must repair any defect without charge within a reasonable period and a reasonable number of attempts. Failure to do so makes the dealer or manufacturer liable for an exact-match vehicle replacement or a full refund.
Even if the claimant cannot file via Oregon’s Lemon Law because the claims period has expired, they may still have a case through the Magnuson-Moss Warranty Act. And your Lemon Law attorney in Oregon can help you make that claim.
Unfortunately, there is no Oregon used car Lemon Law. In fact, no Oregon Lemon Law on used cars has come into force regardless of warranty status.
However, you still may receive protection under other laws. For example, the Uniform Commercial Code of Oregon could protect you in certain circumstances, such as if the dealer failed to mention that the vehicle would be sold as-is.
The Federal Trade Commission (FTC) also has a special Used Car Rule that could apply to you.
Claiming via the Oregon Lemon Law on a new car requires you to follow several steps to lodge your report. It is vital that you follow these steps to avoid compromising your claim in the future.
Firstly, you must notify the manufacturer or dealer about the defect in question. This requires you to submit a certified letter to the address in your owner’s manual or warranty paperwork.
You must supply several pieces of information as part of your certified letter, including:
- Your name and contact details
- Vehicle make
- Vehicle model
- Vehicle year
- Dealership where the vehicle was purchased
- Date of purchase
- Vehicle issue(s)
- List of repair attempts with copies of receipts/work orders
- Statement that you are providing the dealer/manufacturer a final chance to repair
The manufacturer must legally respond with the name of a repair facility you can reasonably access. If you still need a resolution, now is the time to contact an Oregon Lemon Law attorney to take over your case.
Note that you must provide the dealer or manufacturer with one final attempt to rectify the problem before pursuing a replacement car or refund.
Leased vehicles fall under their own category because even though the original purchaser is not driving the vehicle, you can still claim via an Oregon Lemon Law attorney.
In order to become eligible, your leased vehicle must have a manufacturer’s warranty provided by the business leasing you the car.
Drivers who find that they cannot claim under state Lemon Law often consider if they can claim under federal law. Sadly, there is no Federal Lemon Law, so if you do not qualify, you must explore other avenues.
Since practically every new car comes with a warranty, the Magnuson-Moss Warranty Act is considered sufficient to cover car buyers. This act became the model for state-specific laws relating to lemon vehicles.
No, because Oregon’s Lemon Law explicitly applies to cars purchased from registered Oregon dealers. Like in nearby states, such as neighboring California, the Oregon state government specifically exempts vehicles purchased across state lines.
Moreover, you must be a resident of Oregon at the time of purchase. The only exception to this rule is if the vehicle was registered in Oregon at the time of purchase. Your new car cannot be registered in any other state first.
Whatever you do, never abandon your vehicle at the dealership or anywhere else. Even though long waiting times in the shop can be frustrating, abandonment can be construed as voluntary repossession.
If you have abandoned your vehicle, this could impact both your credit and Lemon Law claim.
Driving cars with persistent problems is frustrating and a potential risk to your life. Never abandon your car or waste your time negotiating with a dealer. Instead, consult an Oregon Lemon Law attorney and let them handle your business on your behalf.
At Timothy Abeel & Associates, we never take no for an answer. With the experience and knowledge needed to win Lemon Law cases and secure the maximum settlement, you can sit back and relax, knowing this fight is in the hands of the experts.
With no upfront fees or ongoing charges, fighting your case is 100% risk-free. Launch your case by contacting Timothy Abeel & Associates or learn how it works now.