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Lemon law in Oregon
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Oregon Lemon Law, Or. Rev. Stat. §§ 646A.400 to 646A.418. A new vehicle is presumed a lemon in Oregon when, during the protection period, the same defect was repaired 3 or more times without a fix, or a defect that could cause death or serious injury was repaired 1 or more times, or it was out of service for repairs 30 or more days in total. The protection period is 24 months or 24,000 miles after delivery, whichever comes first. Leased vehicles are covered. Used vehicles are not covered.
At a glance
| Protection period | 24 months or 24,000 miles |
|---|---|
| Repair attempts, same defect | 3 |
| Attempts, serious safety defect | 1 |
| Days out of service | 30 |
| Used vehicles | Not covered |
| Leased vehicles | Covered |
| State arbitration program | No |
| Time limit to file | 1 year after the 2-year or 24,000-mile period ends, whichever ends first |
Who qualifies
Which vehicles
New passenger vehicles, including motor homes, bought in Oregon or bought elsewhere and registered in Oregon, when bought or leased mainly for personal, family or household use.
“a passenger motor vehicle as defined in ORS 801.360 that is purchased in this state or is purchased outside this state but registered in this state”
oregonlegislature.gov
Repair attempts
The same problem has been repaired three or more times and still is not fixed.
“has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the defect alleged, but the nonconformity continues to exist”
oregonlegislature.gov
Serious safety defects
For a problem likely to cause death or serious injury, one repair attempt plus a final repair attempt by the manufacturer is enough if the problem remains.
“has subjected a nonconformity that is likely to cause death or serious bodily injury to repair or correction at least one time and has made a final attempt to repair or correct the nonconformity”
oregonlegislature.gov
Days out of service
The vehicle is out of service for repairs a total of 30 or more calendar days (60 or more for a motor home).
“The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more calendar days or 60 or more calendar days if the vehicle is a motor home”
oregonlegislature.gov
Used vehicles
No. The law covers new vehicles. A person who receives the vehicle from the owner while the original warranty is still running is also protected.
“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”
oregonlegislature.gov
Leased vehicles
Yes. The law protects lessees of new vehicles as well as buyers.
“The purchaser or lessee, other than for purposes of resale, of a new motor vehicle normally used for personal, family or household purposes”
oregonlegislature.gov
Deadlines
Protection period
Two years from original delivery or 24,000 miles, whichever comes first. Each problem must be reported for repair within that period.
“during the two-year period 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 24,000 miles, whichever period ends first”
oregonlegislature.gov
Time limit to file
A lawsuit must be filed within one year after the 2-year or 24,000-mile period ends, whichever ends first (extended if repairs were unavailable due to war, strike or natural disaster).
“must be commenced within one year after whichever of the following periods ends earlier”
oregonlegislature.gov
Steps
- Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
- Check the dates. Two years from original delivery or 24,000 miles, whichever comes first. Each problem must be reported for repair within that period. A lawsuit must be filed within one year after the 2-year or 24,000-mile period ends, whichever ends first (extended if repairs were unavailable due to war, strike or natural disaster).
- Tell the manufacturer in writing. The law asks for written notice. See written notice below.
- Use the dispute program if one is required. See arbitration below for whether you must go there before court.
- Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.
Written notice
Yes. The manufacturer must receive direct written notice from you or on your behalf and get a chance to fix the defect before the presumption applies.
“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”
oregonlegislature.gov
Arbitration
If the manufacturer has a dispute program that meets federal rules and tells you about it, you must use it first. Its decision binds the manufacturer but not you. Oregon has no state-run arbitration program.
“A decision resulting from arbitration pursuant to the informal dispute settlement procedure is binding on the manufacturer but is not binding on the consumer.”
oregonlegislature.gov
What you get
A new replacement vehicle, or a refund of the full purchase or lease price plus collateral charges such as taxes and fees, minus a mileage-based allowance for your use.
“Accept return of the vehicle from the consumer and refund to the consumer the full purchase or lease price and collateral charges paid”
oregonlegislature.gov
Do it yourself
You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:
- Put your repair orders in date order and count the attempts and the days out of service.
- Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
- If it offers a final repair, let it try within the time the law gives it.
- If it refuses or does not answer, file with the manufacturer's dispute program or the state program (Oregon Department of Justice, Consumer Protection), then court if you need to.
- Do not sell or trade in the vehicle while the claim is open.
Letter template for Oregon
[Your name] [Your address] [Date] [Manufacturer name] [Address from your owner's manual or warranty booklet] Re: Lemon law claim, [year make model], VIN [VIN] I bought (or leased) this vehicle on [date] from [dealer], in Oregon. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences]. It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed. Under Oregon Lemon Law (Or. Rev. Stat. §§ 646A.400 to 646A.418), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one. [Your name] [Phone and email]
What a buyback pays in Oregon
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Questions people ask about Oregon's lemon law
How many repair attempts make a car a lemon in Oregon?
The same problem has been repaired three or more times and still is not fixed.
What if the defect could cause a crash or an injury?
For a problem likely to cause death or serious injury, one repair attempt plus a final repair attempt by the manufacturer is enough if the problem remains.
How many days in the shop make a car a lemon in Oregon?
The vehicle is out of service for repairs a total of 30 or more calendar days (60 or more for a motor home).
How long does Oregon's lemon law cover a car?
Two years from original delivery or 24,000 miles, whichever comes first. Each problem must be reported for repair within that period.
Which vehicles does Oregon's lemon law cover?
New passenger vehicles, including motor homes, bought in Oregon or bought elsewhere and registered in Oregon, when bought or leased mainly for personal, family or household use.
Does Oregon's lemon law cover used cars?
No. The law covers new vehicles. A person who receives the vehicle from the owner while the original warranty is still running is also protected.
Does Oregon's lemon law cover leased cars?
Yes. The law protects lessees of new vehicles as well as buyers.
Do I have to tell the manufacturer in writing?
Yes. The manufacturer must receive direct written notice from you or on your behalf and get a chance to fix the defect before the presumption applies.
Do I have to go to arbitration before court?
If the manufacturer has a dispute program that meets federal rules and tells you about it, you must use it first. Its decision binds the manufacturer but not you. Oregon has no state-run arbitration program.
How long do I have to file a lemon law claim in Oregon?
A lawsuit must be filed within one year after the 2-year or 24,000-mile period ends, whichever ends first (extended if repairs were unavailable due to war, strike or natural disaster).
What do I get if my car is a lemon in Oregon?
A new replacement vehicle, or a refund of the full purchase or lease price plus collateral charges such as taxes and fees, minus a mileage-based allowance for your use.
How much is taken off a buyback for the miles I drove?
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Who pays the lawyer in a Oregon lemon law case?
Yes. The court may award attorney fees, expert witness fees and costs to an owner who wins. If the manufacturer acted in bad faith, the court can add up to three times damages, capped at $50,000. In Oregon, an owner who wins can make the maker pay the lawyer.
Can I keep driving my car during a lemon law claim?
Usually, yes. Keep it maintained and insured, and do not sell or trade it in while the claim is open: a buyback needs the car. If the defect makes it unsafe, stop driving it and tell the dealer and the maker in writing.
Do I need a lawyer for a lemon law claim?
No. You can bring a claim yourself. The steps and a letter template are on this page. A lawyer knows what makers offer in cases like yours and what the use deduction should be. In Oregon, an owner who wins can make the maker pay the lawyer.
Find a Oregon lemon law lawyer
Yes. The court may award attorney fees, expert witness fees and costs to an owner who wins. If the manufacturer acted in bad faith, the court can add up to three times damages, capped at $50,000.
“the court may award reasonable attorney fees, fees for expert witnesses and costs to a consumer who prevails in an appeal or action under ORS 646A.400 to 646A.418”
oregonlegislature.gov
Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.
Send the free case check below and we find a lemon law firm that takes Oregon cases like yours. The firm contacts you, and you decide whether to hire them.
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Who pays the lawyer? In Oregon, an owner who wins can make the maker pay the lawyer.* * So most lemon law lawyers ask nothing up front. Some charge costs, or a share of a settlement: ask before you sign. You never pay us. More
Sources
- Or. Rev. Stat. §§ 646A.400 to 646A.418, Oregon Lemon Law
- Oregon Department of Justice, Consumer Protection
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.
Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.