When Is a Car a Lemon in Oregon?

A car is a “lemon” under Oregon law (§ 646A.400) when:

1. The vehicle has a nonconformity that substantially impairs its use, market value, or safety.
2. The defect has not been fixed after a reasonable number of repair attempts.
3. The thresholds are met within the 24-month / 24,000-mile Rights Period.

The three thresholds

Under § 646A.406:

• 3 or more repair attempts for the same nonconformity, OR
• 30 or more cumulative calendar days out of service (60 for motor homes), OR
• 1 attempt on a defect likely to cause death or serious bodily injury, with a final manufacturer repair attempt, where the defect continues (§ 646A.406(1)(c)).

The 3-attempt threshold is more consumer-favorable than the standard 4-attempt presumption in most states.

What “substantially impair” means

Oregon courts interpret “substantially impair” broadly: use, market value, or safety.

Examples that qualify

• Transmission shudders / slips repeatedly (Subaru CVT, Nissan CVT).
• Engine stalls in traffic.
• Brakes fail / pulse violently.
• Electrical warning lights / phantom drain.
• Steering wander or EPS failure (death wobble in pickups).
• Infotainment locks up.
• EV charging won’t work.

Examples that typically DON’T qualify

• Cosmetic issues.
• Wear items (tires, brake pads after normal use).
• Consumer-modified parts.
• Issues outside the 24-month / 24,000-mile Period.
• Damage from wildfires / hail.

Bottom line

If your OR vehicle has a defect that substantially impairs use, market value, or safety AND has been to the manufacturer’s authorized dealer 3+ times OR 30+ calendar days OOS within the 24-month / 24,000-mile Rights Period, you likely have a Lemon Law case.

Related

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Do I Need a Lawyer for an Oregon Lemon Law Claim?

BBB Auto Line is consumer-friendly without counsel; court action with UTPA requires representation. Mandatory fees make either path no-cost.

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How Long Do I Have to File an Oregon Lemon Law Claim?

Oregon's 24-month / 24,000-mile Rights Period + DANGEROUSLY SHORT 1-year UTPA SOL + 4-year Magnuson-Moss / UCC backstop.

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How Much Does an Oregon Lemon Law Claim Cost?

Oregon Lemon Law costs — $0 BBB Auto Line; court action with mandatory triple fee shifting typically zero out-of-pocket.

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The Manufacturer Denied My Oregon Lemon Law Claim — Now What?

What to do when the manufacturer denies your claim — proceed to BBB Auto Line or court action with UTPA + Magnuson-Moss.

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Are Used Vehicles Covered Under Oregon Lemon Law?

No — Oregon's § 646A.400 Lemon Law does not cover used vehicles. Magnuson-Moss, UTPA, and UCC remain available.

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Does It Matter Which Repair Shop I Use in Oregon?

Yes — Oregon Lemon Law requires repairs at a manufacturer-authorized service facility.

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