Oregon Lemon Law Statute (§ 646A.400)

Or. Rev. Stat. § 646A.400 et seq. — the Oregon Lemon Law — is the core Oregon statute. It provides refund or replacement for vehicles that don’t conform to express manufacturer warranties despite a reasonable number of repair attempts, plus mandatory attorney fees under § 646A.404.

Core eligibility

Under § 646A.400, the statute covers:

• New motor vehicles purchased or leased in Oregon.
• Purpose: personal, family, or household use (not commercial-only).
• GVWR: under 10,000 lbs.
• Vehicle types: passenger cars, light trucks, motorcycles.
• Excluded: motor homes (except chassis), commercial-only vehicles, vehicles above 10,000 lbs.

The 24-month / 24,000-mile Rights Period

§ 646A.402(1) establishes the eligibility window:

• 24 months from original delivery, OR
• 24,000 miles, OR
• End of express written warranty, whichever first.

Standard 2-year / 24K combined window matching CT/GA/NC/NJ/TX/WA/AZ.

Repair-attempt thresholds — 3-attempt consumer-favorable

Under § 646A.406, the “reasonable number of attempts” presumption applies when:

• 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 nonconformity likely to cause death or serious bodily injury, with a final manufacturer repair attempt, where the nonconformity continues (§ 646A.406(1)(c)).

The 3-attempt threshold is more consumer-favorable than the standard 4-attempt thresholds in CT/CA/WA/NC/AZ/CO/WI/MN/IN/MO/MD — Oregon joins Tennessee § 55-24-202(b), Massachusetts, Georgia § 10-1-783(b), and Virginia at the 3-attempt tier.

See our repair-attempt presumption article.

Mandatory § 646A.404 attorney fees

§ 646A.404 provides for attorney fees to the prevailing consumer. Oregon courts treat this as mandatory for prevailing consumers.

Remedies

The statute requires manufacturer to either:

• Refund: full purchase price + registration + finance charges + incidental + minus reasonable use offset (NO Oregon sales tax — Oregon is sales-tax-free), OR
• Replacement: comparable new vehicle.

Who elects: § 646A.404(1) is written so that the manufacturer chooses whether to replace or refund (“the manufacturer shall … replace … or … accept return … and refund”). In practice the choice is negotiated, and Oregon DOJ guidance and BBB Auto Line proceedings often honor the consumer’s preference — but the statutory election right is the manufacturer’s, so a consumer cannot assume an absolute right to compel one remedy.

Oregon’s no-sales-tax wrinkle

Oregon is one of only five states with no sales tax. Refunds therefore do not include a sales tax component — simpler calculation than peer states.

Manufacturer IDS required first

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

Oregon does NOT have a state-administered Lemon Law arbitration board.

Bottom line

Oregon’s § 646A.400 provides a 24-month / 24,000-mile Rights Period with a consumer-favorable 3-attempt threshold and mandatory § 646A.404 fees. Combined with UTPA (with 1-year SOL trap) and Magnuson-Moss, the framework provides solid consumer protection.

Related

Article

Magnuson-Moss Warranty Act in Oregon

How the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301) overlays Oregon's § 646A.400 Lemon Law and provides federal-court access through D. Or.

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Oregon's Repair-Attempt Presumption (3 Attempts / 30 Calendar Days OOS / 1 Safety)

How Or. Rev. Stat. § 646A.406 establishes 'reasonable number of attempts' — 3 attempts, 30 calendar days OOS, or 1 attempt on a serious-injury defect, within the 24-month / 24,000-mile Rights Period.

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Oregon Lemon Law Statute of Limitations

Oregon's timing rules — the 24-month / 24,000-mile Rights Period, dangerously short 1-year UTPA SOL, and 4-year Magnuson-Moss / UCC backstop.

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Oregon Unlawful Trade Practices Act (UTPA)

Or. Rev. Stat. § 646.605 et seq. — UTPA discretionary punitive damages under § 646.638(8), mandatory § 646.638(3) attorney fees, and the DANGEROUSLY SHORT 1-year SOL.

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