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.
Oregon’s timing rules feature a generous 24-month / 24,000-mile Rights Period but a dangerously short 1-year UTPA SOL that creates a serious deadline trap for deceptive-practice claims.
The four deadlines
| Statute | Deadline | Triggered by |
|---|---|---|
| Lemon Law Rights Period (eligibility) | 24 months OR 24,000 miles OR end of warranty | Original delivery date |
| Lemon Law action filing (§ 646A.416) | 1 year after the rights period expires | End of the 24-month / 24,000-mile rights period |
| UTPA | 1 year from discovery | Discovery of deceptive practice |
| Magnuson-Moss / UCC | 4 years from delivery | Original delivery date |
| Common-law warranty | 4 years from delivery (UCC § 2-725) | Original delivery date |
24-month / 24,000-mile Rights Period — plus a 1-year filing window
This is the eligibility window for the Oregon Lemon Law — the defect must arise AND repair attempts must occur within 24 months / 24,000 miles.
Separately, § 646A.416 sets the action filing deadline: a consumer must commence a Lemon Law action within one year after the expiration of the 24-month / 24,000-mile rights period (whichever ends first, plus any extension under § 646A.406). So the claim is not foreclosed the instant the rights period closes — there is a one-year window to file afterward.
UTPA 1-year SOL — danger zone
UTPA actions must be brought within 1 year of discovery of the unlawful practice. Among the shortest UDAP SOLs in the country (joins Tennessee TCPA and Arizona CFA at the shortest tier).
For comparison:
- Indiana IDCSA: 2 years.
- Maryland CPA: 3 years.
- Connecticut CUTPA: 3 years.
- Colorado CCPA: 3 years.
- Missouri MMPA: 5 years.
- Pennsylvania UTPCPL: 6 years.
- Minnesota Private AG Statute: 6 years.
Magnuson-Moss / UCC 4-year backstop
Magnuson-Moss borrows Or. Rev. Stat. § 72.7250 UCC SOL of 4 years from delivery. This is the critical backstop — four times longer than UTPA.
Practical strategy
| Time since delivery | Best avenues |
|---|---|
| 0 – 18 months | All open; document defects + repair attempts. Identify 3rd attempt or 30 OOS days. |
| 18 – 24 months / 0–24K mi | Lemon Law window closing; pursue BBB Auto Line. |
| 24+ months / 24K+ mi | Eligibility window closed, but the § 646A.416 filing window runs for 1 year after the rights period expires; UTPA may still be available (depending on discovery); Magnuson-Moss available. |
| Past 1 year from discovery | UTPA generally closed; Magnuson-Moss + UCC still available (4-year). |
| 4+ years | All claims generally closed. |
Equitable tolling considerations
Oregon courts apply tolling in limited cases:
- Manufacturer concealment — both Lemon Law and UTPA SOLs may toll where manufacturer concealed the defect.
- Discovery rule for UTPA — accrues at discovery of the deceptive practice.
- Ongoing violations — UTPA SOL may accrue separately for each occurrence.
Bottom line
Oregon has a generous 24/24K Lemon Law window but a dangerously short 1-year UTPA SOL. Magnuson-Moss / UCC provides a 4-year backstop. File Lemon Law + UTPA claims aggressively within their windows; pursue Magnuson-Moss as the longer-running federal claim. Act quickly on UTPA — 1 year is unforgiving.
Related
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.
Read → ArticleOregon Lemon Law Statute (§ 646A.400)
Or. Rev. Stat. § 646A.400 et seq. — Oregon Lemon Law. Core eligibility, 24-month / 24,000-mile Rights Period, mandatory § 646A.404 attorney fees.
Read → ArticleOregon'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.
Read → ArticleOregon 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.
Read →Think you've got a lemon?
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