Oregon Lemon Law

Oregon’s lemon law — codified at Or. Rev. Stat. § 646A.400 et seq. — pairs a 24-month / 24,000-mile Rights Period with a consumer-favorable 3-attempt or 30-day OOS threshold. Layered on top is the Oregon Unlawful Trade Practices Act (UTPA) under Or. Rev. Stat. § 646.605 et seq., which provides discretionary punitive damages under § 646.638(8) and mandatory attorney fees under § 646.638(3) — but the dangerously short 1-year UTPA SOL under § 646.638(6) is a serious deadline trap, joining Tennessee TCPA and Arizona CFA at the shortest UDAP SOL tier.

Oregon is distinctive in five ways:

1. Consumer-favorable 3-attempt threshold under § 646A.406 — one attempt fewer than the standard 4-attempt presumption in most states. Joins Tennessee, Massachusetts, and Georgia / Virginia at the 3-attempt tier. Oregon also has its own 1-attempt rule for defects likely to cause death or serious bodily injury under § 646A.406(1)(c).
2. UTPA discretionary punitive damages under § 646.638(8) + mandatory § 646.638(3) attorney fees — solid leverage for deceptive practice cases.
3. DANGEROUSLY SHORT 1-year UTPA SOL under § 646.638(6) — among the shortest UDAP SOLs in the country (joins Tennessee TCPA and Arizona CFA at the shortest tier). UTPA claims must be filed within 1 year of discovery.
4. Daimler Trucks North America HQ Portland — home-state defendant for Freightliner heavy-duty trucks (commercial-vehicle cases only; Lemon Law excludes >10K GVWR).
5. Strong Subaru / outdoor / AWD market — similar profile to Colorado and Connecticut — driven by Portland metro and Bend / Hood River outdoor recreation economy. Cold-rainy climate + Cascade mountain driving stress + coastal salt exposure (Oregon Coast).

This page is the hub for our Oregon coverage. Use the topic guides for deeper reading:

• The Law — § 646A.400 Lemon Law, UTPA (§ 646.605 et seq.) punitive damages and 1-year SOL trap, Magnuson-Moss, repair-attempt presumption (3 attempts / 30 days OOS), and statute of limitations.
• The Process — Documented repair attempts, written notice, BBB Auto Line IDS, court action, and UTPA-parallel claims.
• Remedies — Refund, replacement, UTPA damages, mandatory § 646A.404 + § 646.638(3) attorney fees.
• Qualifying Defects — Defect categories that meet Oregon’s “substantially impair” test.
• Vehicle Types — Used vehicles, leases, EVs, motorcycles, RVs, commercial vehicles.
• Manufacturers — Common case patterns by brand (strong Subaru / outdoor brand concentration).
• FAQ — Common questions about Oregon lemon-law claims.

Who’s protected

Oregon’s Lemon Law (Or. Rev. Stat. § 646A.400) covers:

• New motor vehicles purchased or leased in Oregon for personal, family, or household use.
• Demonstrators sold under new-vehicle warranties.
• Motorcycles.
• Subsequent transferees during the Rights Period.

The statute excludes vehicles purchased for commercial use only, motor homes (except chassis), and vehicles weighing more than 10,000 lbs GVWR.

The 24-month / 24,000-mile window

Oregon’s eligibility window under § 646A.402(1) is 24 months from original delivery OR 24,000 miles OR end of express warranty, whichever first. Standard 2-year / 24K combined window matching:

• Georgia, North Carolina, New Jersey, Texas, Washington, Arizona, Connecticut: 24 months / 24,000 miles
• Oregon: 24 months / 24,000 miles
• Maryland: 24 months / 18,000 miles
• Minnesota: 2 years / 18,000 miles
• Indiana: 18 months / 18,000 miles
• Virginia: 18 months (no mileage cap)

Outside the 24/24K window, UTPA (1-year SOL — short!) and Magnuson-Moss (4-year UCC SOL) remain available.

The “reasonable number of attempts” test — 3-attempt threshold

Oregon applies thresholds under § 646A.406:

• Three or more repair attempts for the same nonconformity within the Rights Period; OR
• 30 or more cumulative calendar days out of service (60 for motor homes); OR
• One attempt on a defect likely to cause death or serious bodily injury if the vehicle is driven, where the manufacturer has made a final repair attempt but the nonconformity continues (§ 646A.406(1)(c)).

The 3-attempt threshold is more consumer-favorable than the standard 4-attempt presumption in CT/CA/WA/NC/AZ/CO/WI/MN/IN/MO/MD, and the single-attempt serious-injury rule accelerates the most dangerous cases. See our repair-attempt presumption article.

Manufacturer IDS — BBB Auto Line

Under § 646A.404, if the manufacturer maintains a certified IDS procedure (16 C.F.R. Part 703 compliant), the consumer must first use that procedure. Most major manufacturers’ IDS in Oregon is BBB Auto Line.

After IDS, the consumer may file court action — Oregon does NOT have a separate state-administered Lemon Law arbitration board.

What you can recover

A successful Oregon Lemon Law case typically produces:

• Refund — purchase price, sales tax (Oregon has NO sales tax — N/A), license fees, plus incidental costs, minus reasonable use deduction.
• Replacement — comparable new vehicle.
• MANDATORY § 646A.404 attorney fees.
• UTPA actual damages + discretionary punitive damages + mandatory § 646.638(3) attorney fees for deceptive practices.
• Reimbursement of incidental damages.

Note: Oregon has NO sales tax — refunds therefore do not include a sales tax component (one of only five states without sales tax, joining Alaska, Delaware, Montana, New Hampshire).

What to do next

1. Document everything. See our evidence guide.
2. Stay within the 24-month / 24,000-mile window.
3. Identify the 3rd repair attempt (or 30 cumulative calendar days OOS).
4. Send written notice with the final repair opportunity.
5. Move fast on UTPA claims — the 1-year SOL runs from discovery.
6. Use manufacturer’s IDS (BBB Auto Line) if certified — required first.
7. File court action with parallel UTPA + Magnuson-Moss claims.
8. Get a free case review from an Oregon lemon-law attorney.

Explore Oregon lemon law

Topic

The Law: Oregon Lemon Law, UTPA, and Magnuson-Moss

The statutes behind an Oregon lemon-law claim — § 646A.400 Lemon Law, UTPA (§ 646.605) punitive damages and 1-year SOL trap, Magnuson-Moss, and timing rules.

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The Process: Filing an Oregon Lemon Law Claim

The step-by-step Oregon lemon-law process — repair attempts, written notice, BBB Auto Line IDS, court action, and UTPA-parallel claims.

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Remedies: What You Can Recover Under Oregon Lemon Law

Refund, replacement, UTPA punitive damages, and the mandatory § 646A.404 + § 646.638(3) attorney fees recovery.

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Qualifying Defects: What Counts as a Lemon in Oregon

Defect categories that meet Oregon's 'substantially impair' test under § 646A.402.

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Vehicle Types Covered Under Oregon Lemon Law

How Oregon's Lemon Law applies to used vehicles, leases, EVs, motorcycles, RVs, and commercial vehicles.

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Manufacturer Case Patterns in Oregon

Common Oregon lemon-law case patterns by manufacturer — Subaru (strong stronghold), Toyota (4Runner / Tacoma outdoor), Tesla, plus mainstream brands.

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Oregon Lemon Law FAQ

Common Oregon lemon-law questions — when is a car a lemon, the 1-year UTPA SOL, do I need a lawyer, what about used cars.

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