Lemon laws protect consumers’ rights throughout the United States in the event that a vehicle contains irreparable defects. While some fundamental aspects of the lemon law are the same, lemon laws vary depending on the state. In Oregon, for instance, the Oregon Department of Justice notes that certain requirements are necessary in order for a vehicle owner to receive a vehicle replacement or reimbursement. For example, before January 1, 2008, a consumer could only use the lemon law if their vehicle was purchased in Oregon, and this law was amended to include motorcycles in 1989.
According to Oregon law, a vehicle is considered a “lemon” if the manufacturer, its agents, or authorized dealers are unable to fix the same problem after three or more repair attempts, if the vehicle is out of service for repairs for over thirty days, or if there is a nonconformity that may cause significant injury or death that was not repaired after two attempts. Vehicle owners in Oregon are also required to inform the manufacturer of the potential defect in writing within two years or 24,000 miles of purchase, whichever happens first.
Contrary to California, in Oregon, it is the manufacturer’s choice whether the owner of a lemon vehicle receives a refund or a replacement vehicle. Car owners should also be aware that the lemon law in Oregon does not apply to problems that are identified as being caused by abuse, neglect, or unauthorized modifications to the car by the consumer, and manufacturers must re-title a vehicle as a “Lemon Law Buyback” since September 21, 2009 if they cannot repair the vehicle and take it back from a consumer. This law was passed so that potential buyers of the vehicle can be informed in writing that the car was identified as a lemon.
California lemon law attorney Howard D. Silver can help you assess your specific situation if you have been experiencing a reoccurring problem with your car that cannot be repaired. Call 1-866-49-LEMON today for a free consultation.
