Oregon Lemon Law (2026): How to Qualify and Get a Refund

Oregon's lemon law (ORS 646A.400 to 646A.418) protects buyers and lessees of new motor vehicles when a warranty defect cannot be fixed after 3 repair attempts, 1 attempt for a safety defect, or 30 cumulative days out of service within the first 2 years or 24,000 miles of delivery. If the vehicle qualifies, the manufacturer must either replace it or issue a full refund minus a mileage-based use allowance.

What Is the Oregon Lemon Law?

Oregon's Lemon Law is found in ORS 646A.400 through 646A.418. It protects consumers who purchase or lease new motor vehicles that turn out to have substantial defects the manufacturer cannot fix.

The law gives consumers the right to demand a remedy when a new car, truck, SUV, van, motorcycle, or motorhome has a warranty defect that substantially reduces its use, market value, or safety. Oregon's Department of Justice oversees consumer complaints related to the statute.

Unlike some states, Oregon's lemon law does not require the consumer to go through arbitration before filing a lawsuit, unless the manufacturer has set up a qualifying informal dispute settlement procedure and properly notified the consumer about it.

What Vehicles Are Covered

Oregon's Lemon Law applies to new motor vehicles purchased or leased in the state for personal, family, or household purposes.

Under ORS 646A.400, a "consumer" is the purchaser or lessee of a new motor vehicle (not for resale purposes), as well as any person to whom the vehicle is transferred during the warranty period for the same personal-use purposes.

Covered Vehicle Types

• New passenger cars, including sedans, coupes, and hatchbacks
• Pickup trucks and light-duty trucks
• Vans, including minivans and passenger vans
• Sport utility vehicles (SUVs)
• Motorcycles (with a separate mileage-offset divisor of 25,000)
• Motorhomes (with extended out-of-service thresholds and a 90,000-mile offset divisor)
• New vehicles acquired through a lease for personal use

Vehicles Not Covered

• Used vehicles (separate protections may apply)
• Commercial vehicles used primarily for business purposes
• Off-road vehicles not designed for highway use
• Vehicles purchased outside Oregon and not registered here

Oregon's Lemon Law Presumption

Under ORS 646A.406, a vehicle is presumed to be a lemon when certain conditions are met within the coverage period. The coverage period runs for two years or 24,000 miles from the date of original delivery, whichever comes first.

Qualifying Conditions

Oregon requires only 3 repair attempts, compared to 4 in many other states. For safety defects likely to cause death or serious bodily injury, only 1 repair attempt is needed. These lower thresholds make it easier for Oregon consumers to qualify for protection.

Extension of Time Periods

The two-year period, 24,000-mile limit, and 30-day out-of-service period are all extended by any time during which repair services are unavailable to the consumer because of war, invasion, strike, fire, flood, or other natural disaster.

What Qualifies as a Substantial Nonconformity?

A nonconformity must substantially impair the vehicle's use, market value, or safety. The problem must be covered by the manufacturer's express warranty and must be significant enough to affect your ability to use the vehicle as intended. Common examples include:

• Engine or transmission failures
• Brake system defects
• Steering malfunctions
• Electrical system failures
• Safety system malfunctions (airbags, stability control)
• Persistent stalling, hesitation, or surging
• Significant fluid leaks
• Heating or cooling system failures

Minor cosmetic issues or problems that do not affect the vehicle's operation, safety, or value typically do not qualify.

Written Notice Requirement

Before a consumer can obtain a remedy under Oregon's Lemon Law, ORS 646A.402 requires two important steps.

First, the consumer must report each nonconformity to the manufacturer, the manufacturer's agent, or an authorized dealer during the coverage period. This gives the manufacturer the opportunity to attempt repairs.

Second, the manufacturer must receive direct written notification from the consumer (or someone acting on the consumer's behalf) and must have had an opportunity to correct the alleged defect. ORS 646A.402(3) makes both of those conditions on the remedy being available at all, and ORS 646A.406(4) applies the same condition to the lemon law presumption: the presumption does not run against a manufacturer that has not received prior direct written notice and had an opportunity to cure. A request for an informal dispute settlement procedure under ORS 646A.408 counts as notification.

Keeping detailed records of all communications with the dealer and manufacturer is essential. Save copies of repair orders, written complaints, emails, and certified mail receipts.

Manufacturer's Remedy Obligation: Replace or Refund

When a vehicle qualifies as a lemon under ORS 646A.404, the manufacturer must do one of two things: replace the vehicle with a new motor vehicle, or accept return of the vehicle and issue a full refund. The statute frames this as the manufacturer's obligation to satisfy the consumer, and in practice consumers can indicate their preference, but the law assigns the ultimate choice of remedy to the manufacturer.

Option 1: Replacement Vehicle

The manufacturer may satisfy its obligation by replacing the vehicle with a new motor vehicle. That is the whole of what ORS 646A.404(1)(a) requires. Unlike several other states' lemon laws, the Oregon section does not spell out a comparability standard, does not require the consumer to accept the replacement, and does not specify the warranty that comes with it, so those terms are a matter of negotiation rather than a statutory right.

Option 2: Full Refund

If the manufacturer opts for a refund, it must pay back the following:

• Full purchase or lease price
• Collateral charges paid by the consumer, which ORS 646A.400(1) defines to include sales, property or use tax, license, registration or title fees, prepayment penalties, charges for undercoating, rust-proofing or factory or dealer installed options, and the cost of an aftermarket item bought within 20 days after delivery
• Finance charges, which the statute lists as a collateral charge with no interest exclusion

Mileage-Based Use Allowance: The manufacturer may deduct a use allowance calculated by a statutory formula. For standard motor vehicles, multiply the mileage driven by the combined cash price (or lease price) plus collateral charges, then divide by 120,000. For motorhomes, divide by 90,000. For motorcycles, divide by 25,000. The mileage figure is the vehicle's mileage at the time the manufacturer replaces the vehicle or accepts its return under ORS 646A.404(3)(b), not the mileage on the date the defect was first reported.

The mileage calculation excludes miles during any period when the consumer did not have use of the vehicle because the manufacturer or dealer was repairing it.

Aftermarket Items: For aftermarket items purchased within 20 days of delivery, the manufacturer may either refund the cost or remove the item without damage and return it to the consumer.

Lemon Law Buyback Title Branding

When a manufacturer repurchases a vehicle under Oregon's Lemon Law, the vehicle receives a permanent title brand. Under ORS 646A.405, the manufacturer must notify the Oregon DMV that the vehicle must be branded "Lemon Law Buyback."

Manufacturers and dealers acting as the manufacturer's agent must note "Lemon Law Buyback" in the remarks section of the title application. Anyone who later sells a lemon law buyback vehicle must provide the buyer with written notice that the vehicle was repurchased by the manufacturer because of a defect. Failing to disclose this information is an unlawful trade practice under Oregon law.

This branding requirement protects future buyers from unknowingly purchasing a vehicle with a history of substantial defects.

How to File a Lemon Law Claim in Oregon

Filing a lemon law claim requires proper documentation and following the correct procedures.

Step 1: Document Everything

• Keep copies of all repair orders, invoices, and service records
• Record the dates the vehicle was dropped off and picked up for each repair
• Document the specific problems reported at each visit
• Track the cumulative calendar days the vehicle was out of service
• Save all correspondence with the dealer and manufacturer

Step 2: Report Each Problem During the Coverage Period

Each nonconformity must be reported to the manufacturer, manufacturer's agent, or authorized dealer. Without proper reporting during the coverage period, you may not meet the statutory requirements.

Step 3: Allow Required Repair Attempts

Give the manufacturer or dealer the opportunity to repair the vehicle:

• At least 3 failed repair attempts for the same nonconformity, OR
• At least 1 failed attempt for a safety defect likely to cause death or serious injury, OR
• 30 or more cumulative calendar days out of service (60 or more for motorhomes)

Step 4: Send Written Notice to the Manufacturer

Send direct written notification to the manufacturer describing the defect and stating that you are seeking a remedy under Oregon's Lemon Law. Use certified mail with return receipt requested so you have proof of delivery.

Step 5: Consult an Attorney

The Oregon Department of Justice recommends contacting a private attorney if you believe you have been sold a lemon. The Oregon State Bar lawyer referral service can help you find legal representation at 503-684-3763 or toll-free in Oregon at 1-800-452-7636.

You can also contact the Oregon DOJ Consumer Protection division at (503) 378-4320 from Salem, (503) 299-5576 from Portland, or (877) 877-9392 elsewhere in Oregon (toll free).

Step 6: Consider Arbitration or Litigation

Depending on the manufacturer, you may need to go through an informal dispute settlement procedure before filing a lawsuit.

Informal Dispute Settlement Procedures

Under ORS 646A.408, if a manufacturer has established or participates in an informal dispute settlement procedure that substantially complies with the federal requirements in 16 C.F.R. Part 703, and the manufacturer has properly notified the consumer about the procedure, the consumer must first use that procedure before seeking remedies in court.

A key consumer protection: arbitration decisions are binding on the manufacturer but not on the consumer. If you are unsatisfied with the arbitration outcome, you retain the right to reject the decision and file a lawsuit.

The BBB AUTO LINE program is one of the largest dispute resolution programs for vehicle warranty complaints in the United States. It provides mediation and, if necessary, arbitration hearings as a free option for consumers.

Under ORS 646A.410, manufacturers that participate in informal dispute settlement procedures must keep records of all cases submitted. The Oregon Department of Justice may review these records to verify that arbitrators are complying with the law.

Manufacturer Defenses

Manufacturers may raise several defenses to avoid lemon law liability.

Common Manufacturer Defenses

Court Actions and Penalties

Under ORS 646A.412, consumers who prevail in court may recover several categories of damages.

Attorney Fees and Costs

Under ORS 646A.412(2), the court may award reasonable attorney fees, expert witness fees, and costs to a consumer who prevails in an action or appeal. This provision makes it more practical for consumers to pursue lemon law claims, since attorney fees do not come out of the consumer's recovery.

Motor homes are the exception. ORS 646A.412(3) provides that in an action or appeal that involves a motor home, the court may award reasonable attorney fees, expert witness fees, and costs to the prevailing party. In a motor home case the fee exposure runs both ways, and a manufacturer that wins does not have to show the owner sued in bad faith in order to ask for fees.

Treble Damages for Bad Faith

If a court finds that the manufacturer did not act in good faith, the consumer may be awarded up to three times the amount of damages. This penalty is capped at $50,000 over and above the amount already owed to the consumer under ORS 646A.404.

For the purpose of calculating treble damages, "damages" includes the refunded purchase price of the vehicle. This provision discourages manufacturers from stonewalling legitimate claims.

Manufacturer's Right to Attorney Fees

Outside of motor home cases, a manufacturer can recover attorney fees only if the court finds that the consumer brought the lemon law action in bad faith or solely for the purposes of harassment. In an action involving a motor home, ORS 646A.412(3) lets the prevailing party recover fees without any such finding.

Federal Overlay: Magnuson-Moss Warranty Act

Oregon's state lemon law works alongside the federal Magnuson-Moss Warranty Act (15 U.S.C. 2301 et seq.), which governs written warranties on consumer products including vehicles. Under Magnuson-Moss, a manufacturer that provides a written warranty cannot disclaim implied warranties, and consumers may sue for breach of warranty in federal court. Magnuson-Moss allows recovery of attorney fees, which makes it a useful companion to state lemon law claims especially when a vehicle is no longer within the state coverage period but a warranty defect remains unresolved.

Used Vehicle Protections

Oregon's Lemon Law applies only to new vehicles. However, used vehicle buyers have other legal protections available.

Alternative Protections for Used Vehicle Buyers

• Remaining manufacturer warranty: If the original warranty has not expired, the new owner may have coverage
• Oregon Unlawful Trade Practices Act (ORS 646.605-646.656): Prohibits deceptive and unfair business practices in vehicle sales
• Dealer warranties: Written warranties provided by the selling dealer
• Federal Magnuson-Moss Warranty Act (15 U.S.C. 2301-2312): Federal warranty protections that may apply to used vehicles with remaining warranties

Oregon Used Vehicle Disclosure Requirements

Oregon law requires dealers to disclose certain information about used vehicles:

• Known material defects affecting the vehicle's safety or operability
• Salvage or rebuilt title status
• Flood damage history
• Odometer discrepancies
• Lemon Law Buyback title branding

Failure to make required disclosures may constitute an unlawful trade practice, giving the buyer grounds for a separate legal claim.

Key Deadlines and Statute of Limitations

Understanding the timing requirements for Oregon lemon law claims is essential.

The filing deadline is the one most likely to catch an Oregon owner out. ORS 646A.416 requires an action under ORS 646A.400 to 646A.418 to be commenced within one year after the earlier of the 24,000-mile mark or the two-year anniversary of delivery. That is much shorter than Oregon's general contract deadline, so a lemon law claim can be time-barred while other warranty theories are still open. If the vehicle reached 24,000 miles at 14 months, the lemon law clock ran out at 26 months from delivery.

Oregon does not have a 3-day right to cancel vehicle purchases. You cannot return a vehicle simply because you changed your mind, unless that right is specifically written into your sales contract.

More Oregon Laws

• Oregon Car Accident Laws