Key takeaways
- Protection period: defects must be reported within two years after original delivery or 24,000 miles, whichever comes first.
- Repair attempts: same nonconformity subject to repair three or more times within the protection period, with an opportunity to cure, and it continues to exist.
- Days out of service: cumulative total of 30 or more calendar days (60 or more calendar days for a motor home) within the protection period.
- Deadline: within one year after the earlier of 24,000 miles, two years after original delivery, or the end of any extension for unavailable repair services.
- The law is Or. Rev. Stat. §§ 646A.400 to 646A.418. Read it with your repair orders and your warranty in front of you.
On this page
Oregon's lemon law is Or. Rev. Stat. §§ 646A.400 to 646A.418, the Enforcement of Express Warranties on New Motor Vehicles (Oregon lemon law). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Oregon lemon law at a glance
| Statute | Or. Rev. Stat. §§ 646A.400 to 646A.418 |
|---|---|
| Official name | Enforcement of Express Warranties on New Motor Vehicles (Oregon lemon law) |
| Vehicles covered | New motor vehicles (self-propelled vehicles) purchased in Oregon, or purchased elsewhere and registered in Oregon, normally used for personal, family or household purposes. Motorcycles and motor homes are covered, but motor home living facility components (plumbing, appliances, furniture, generators and similar items) are excluded. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Defects must be reported within two years after original delivery or 24,000 miles, whichever comes first. |
| Repair attempts | Same nonconformity subject to repair three or more times within the protection period, with an opportunity to cure, and it continues to exist. |
| Serious safety defects | A nonconformity likely to cause death or serious bodily injury subject to repair at least one time plus a final repair attempt, and it continues to exist. |
| Days out of service | Cumulative total of 30 or more calendar days (60 or more calendar days for a motor home) within the protection period. |
| Notice to the manufacturer | The manufacturer must receive direct written notification from or on behalf of the consumer and have an opportunity to correct the defect. A request for the manufacturer's informal dispute procedure counts as notification. |
| Dispute programs | If the manufacturer has an informal dispute settlement procedure that substantially complies with 16 C.F.R. part 703 and notifies the consumer of it, the consumer must use it first. The decision binds the manufacturer but not the consumer. No state-run arbitration program in the statute. |
| Deadline to bring a claim | Within one year after the earlier of 24,000 miles, two years after original delivery, or the end of any extension for unavailable repair services. |
| Remedies | Replacement with a new motor vehicle, or refund of the full purchase or lease price and collateral charges, less a reasonable use allowance: mileage times price plus collateral charges divided by 120,000 (25,000 for motorcycles, 90,000 for motor homes). Up to three times damages (capped at $50,000 over the amount due) if the manufacturer did not act in good faith. |
| Attorney's fees | Yes. The court may award reasonable attorney fees, expert witness fees and costs to a prevailing consumer. For motor homes, fees may go to the prevailing party. |
| Used vehicles | No separate used-car lemon law. A person to whom a new vehicle is transferred for personal, family or household purposes during the express warranty term is a covered consumer. |
Does your vehicle qualify in Oregon?
The law covers new motor vehicles (self-propelled vehicles) purchased in Oregon, or purchased elsewhere and registered in Oregon, normally used for personal, family or household purposes. Motorcycles and motor homes are covered, but motor home living facility components (plumbing, appliances, furniture, generators and similar items) are excluded. The protection period is defects must be reported within two years after original delivery or 24,000 miles, whichever comes first. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair three or more times within the protection period, with an opportunity to cure, and it continues to exist.
- Serious safety defect: A nonconformity likely to cause death or serious bodily injury subject to repair at least one time plus a final repair attempt, and it continues to exist.
- Days out of service: Cumulative total of 30 or more calendar days (60 or more calendar days for a motor home) within the protection period.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
The manufacturer must receive direct written notification from or on behalf of the consumer and have an opportunity to correct the defect. A request for the manufacturer's informal dispute procedure counts as notification.
If the manufacturer has an informal dispute settlement procedure that substantially complies with 16 C.F.R. part 703 and notifies the consumer of it, the consumer must use it first. The decision binds the manufacturer but not the consumer. No state-run arbitration program in the statute.
Deadline: Within one year after the earlier of 24,000 miles, two years after original delivery, or the end of any extension for unavailable repair services.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Replacement with a new motor vehicle, or refund of the full purchase or lease price and collateral charges, less a reasonable use allowance: mileage times price plus collateral charges divided by 120,000 (25,000 for motorcycles, 90,000 for motor homes). Up to three times damages (capped at $50,000 over the amount due) if the manufacturer did not act in good faith. Yes. The court may award reasonable attorney fees, expert witness fees and costs to a prevailing consumer. For motor homes, fees may go to the prevailing party. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Oregon's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Oregon vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Oregon?
Under Or. Rev. Stat. §§ 646A.400 to 646A.418, the presumption is met when same nonconformity subject to repair three or more times within the protection period, with an opportunity to cure, and it continues to exist. A defect likely to cause death or serious injury has its own test: A nonconformity likely to cause death or serious bodily injury subject to repair at least one time plus a final repair attempt, and it continues to exist. The law also counts time in the shop: cumulative total of 30 or more calendar days (60 or more calendar days for a motor home) within the protection period.
How long do I have to file a lemon law claim in Oregon?
Within one year after the earlier of 24,000 miles, two years after original delivery, or the end of any extension for unavailable repair services. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Oregon lemon law cover used cars?
No separate used-car lemon law. A person to whom a new vehicle is transferred for personal, family or household purposes during the express warranty term is a covered consumer. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Oregon lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Oregon?
The manufacturer must receive direct written notification from or on behalf of the consumer and have an opportunity to correct the defect. A request for the manufacturer's informal dispute procedure counts as notification. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Oregon?
If the manufacturer has an informal dispute settlement procedure that substantially complies with 16 C.F.R. part 703 and notifies the consumer of it, the consumer must use it first. The decision binds the manufacturer but not the consumer. No state-run arbitration program in the statute.
Can I recover attorney's fees under the Oregon lemon law?
Yes. The court may award reasonable attorney fees, expert witness fees and costs to a prevailing consumer. For motor homes, fees may go to the prevailing party. We explain exactly how fees work in your case before you sign anything.