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Any problem that substantially impairs the use and market value of the product and warrantor is unable to make the product free form defects within a reasonable number of attempts. If you bought a malfunctioning vehicle, you may need a lemon law attorney to recover your losses.
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EVALUATION
OREGON Lemon Law:
Or. Rev. Stat. §§ 646.315 to 646.375
Vehicles covered: Passenger motor vehicles, as defined in Or. Rev.
Stat. § 801.360, sold in-state, including leased vehicles and motorcycles
(§ 646.315(2)).
Persons covered: Purchasers or lessees, transferees during express
warranty period, or any person entitled to enforce the warranty if
vehicle normally used for personal, family, or household purposes
(§ 646.315(1)).
Period covered: Whichever comes earlier: one year from date of
delivery or 12,000 miles (§ 646.325(2)).
Disclosure requirements: Manufacturer must notify the consumer
of the informal settlement procedure for arbitration requirement to
take effect (§ 646.355).
Required consumer notice:Written notice to the manufacturer from
or on behalf of the consumer (§ 646.325(4)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
four or more repairs, or the vehicle is out of service for a cumulative
total of thirty or more business days (§ 646.345(1)). Opportunity
for manufacturer to cure after notice received
(§ 646.345(4)).
Affırmative defenses: The nonconformity does not substantially
impair the use, market value or safety of the vehicle, or is the result
of the consumer’s abuse, neglect, or unauthorized modifications or
alterations (§ 646.335(3)); statute of limitations (§ 646.365).
Replace/refund: The manufacturer shall replace with a new motor
vehicle, or refund the full purchase price less a reasonable use
allowance (§ 646.335(1)).
Other reimbursement: Taxes, fees and collateral charges, excluding
interest; refunds to the consumer and lienholder (§ 646.335(1),
(2)). Attorney fees and costs and treble damages not to exceed
$50,000 over amount of refund due (§ 646.359).
Other remedies: There is no limit on other consumer remedies;
treble damages allowed with cap of $50,000 (§§ 646.359,
646.375). No cause of action created against dealer (§ 646.361).
Informal dispute resolution: For remedies under this section a
consumer must first use an informal dispute settlement procedure
established by the manufacturer, provided the procedure complies
with 16 C.F.R. pt. 703 and provided consumer given notice
(§ 646.355).
Resale of lemon: No applicable provisions.
After submitting your free lemon law case evaluation, one of our attorneys will respond to you within 24 hours.
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