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Oregon Lemon Law
Oregon
Revised Statutes, 646.315 to 646.375
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 purposes;
(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 vehicle; and
(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.
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 express warranties;
(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.
646.335
Consumer's remedies; manufacturer's
affirmative defenses.
(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 manufacturer shall:
(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
lien holder, 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 to 646.375:
(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.
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.
646.355
Use of informal dispute settlement procedure.
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.
646.357
Informal dispute settlement procedure.
Record
keeping; 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.
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.
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.
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.
646.375
Other Remedies
Other
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.
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