Lemon Law

If you are having excessive problems with a motor vehicle you purchased, you may have remedies under warranty law or Oregon's Lemon Law.

Warranty Claims

You may have a breach of warranty claim. New vehicles come with express and implied warranties. Used vehicles, purchased from a dealer may have either express (written or spoken) warranties, or them may come what are called “implied warranties”.

A warranty is a promise by vehicle dealer or manufacturer that it will repair certain defects in your vehicle, or that your vehicle will be of a certain good quality.

Used Vehicles:

Even if your used vehicle (car, truck or RV) was purchased “as-is” the dealer may have given you express warranties, such as statements about the car's origin, whether it was ever in an accident, whether it is new, or whether it was used as a rental or demonstration vehicle. Parts of the sales contract, such as the make, model, odometer reading and other written representations about the vehicle are express warranties. If you purchased an extended warranty, the dealer's “as-is” disclaimer may not be effective, meaning that you may be covered by the the legal implied warranties (called warranties of “merchantability” and “fitness for a particular purpose”). Breach of these warranties can be the basis for a lawsuit and recovery of money by you. The problem with your vehicle must be one that is covered under the warranty before you will have a claim.

If you purchased a service contract as part of the purchase of a used car, truck or RV, the dealer may not have the right to eliminate warranties by including an “as-is” clause.

You must first give the seller a reasonable opportunity to fix the problem, except in the case of outright fraud – such as a blatant misrepresentation of the quality of the vehicle.

Not every problem or defect will qualify as a "breach of warranty." It depends on the terms of the warranty and the severity of the problem. Time limits apply to most warranty claims, so if you have a problem, don't delay in contacting the seller to get the problem fixed, or if you have no luck getting the seller to fix the problem, call me.

Oregon Lemon Law

Consumers who have purchased or leased a new automobile with major defects are protected by Oregon's lemon law. Passed in 1983, this law gives owners of "lemons" the remedy of a new vehicle or a refund of the vehicle purchase price, less a reasonable allowance for the use of the vehicle.

What constitutes a "lemon"? According to the law, four requirements that must be met:

1. The motor vehicle must have been purchased in Oregon.

2. The purchaser (original owner or subsequent buyer) must have purchased the vehicle for personal, family or household purposes during the express warranty period.

3. The vehicle must have returned to the dealer four or more times for the same defect, OR the vehicle was out of service at the dealer due to the defect for 30 or more days, for a serious defect that substantially impairs the use and market value of the vehicle.

4. The defect was first reported to the dealer within the first 12,000 miles or one year from purchase.

If you are entitled to receive a new vehicle or a refund for the full purchase price, there will be a deduction for the miles on the vehicle, or what the statute calls "a reasonable allowance for the use of the vehicle".

It is important to note that the law is designed to address major defects that substantially impair the use and market value of the vehicle. It does not cover problems that are the result of accidents, abuse, neglect or unauthorized modifications or alterations of your car.