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Frequently Asked Questions

What if I bought a used car “As Is”?
Unfortunately, we cannot help you because we don’t handle claims for cars bought “As Is”.

What should I do if I have car problems?
If the defective part is covered under the manufacturer's warranty, make an appointment to have it repaired at an authorized dealership. If the problem continues, take it back promptly for another repair attempt. In Oregon, the manufacturer is entitled to four repair attempts (or a total of 30 days at the dealer) before you are entitled to a Lemon Law remedy. Be sure to get a detailed documentation of each repair attempt by getting a receipt from the dealer and making sure that your complaint, their diagnosis and repair are clearly listed.

If the vehicle is still defective, contact our firm by emailing us at info@golemonlaw.com, by completing our free case evaluation, or by calling (503) 681-2008. If we accept your case, we will attempt to quickly resolve your claim with the manufacturer, or we will promptly file suit to seek compensation under the Lemon Law or federal Breach of Warranty law. If your case settles or if you win in court, your attorney’s fees will be paid by the car manufacturer in addition to your recovery. You pay only the reasonable costs. If you lose, you owe us nothing for attorney’s fees. So, regardless of the outcome, you are never responsible for paying our attorney’s fees for any case involving vehicles used for personal or household purposes.

What constitutes a "lemon" according to the law?
In a nutshell, a lemon is a vehicle that contains a defect or nonconformity which substantially impairs the use, value, or safety of a new vehicle and is not repaired within a reasonable time. The court decides whether the vehicle meets the criteria on a case by case basis and looks at the totality of the circumstances. A lemon law relief may result in a full refund of the purchase price, less an allowance for use, or a new vehicle.

If my case does not meet the criteria of the "lemon law", do I still have a legal recourse?
You may still have a claim under a "Breach of Warranty" if your car was covered with the basic manufacturer’s warranty when the problem(s) began. The relief is usually a partial refund. Contact us for an assessment of your claim, or complete our free case evaluation.

What is covered by the automobile Lemon Law?
The Oregon Lemon Law protects new passenger motor vehicles, whether purchased or leased, which are primary used for personal or household purposes. It does not cover commercial vehicles.

When the dealer cannot fix my car problem, should I keep taking it back to them?
In general, the more repairs attempts were made, the stronger you case is. Four engine repairs may be a borderline case, but six repairs are unacceptable. As inconvenient as it may be for you, the more visits to the dealer, the better. More importantly, for safety reasons no one should give up trying to get a car fixed. However, if the dealer tells you that there is no fix available at this time, be sure to get that in writing on your invoice and contact us immediately.

What if the dealer refuses or is unable to repair my vehicle?
Your manufacturer's warranty requires that the covered defects be repaired during the warranty period. If the dealer won't or can't repair your vehicle, contact us immediately.

What do I need to prove my case?
The most important documents are the repair orders given to you after your vehicle has been at the dealer for a repair. Make sure that all the information contained on these documents is legible, complete and accurate. Your complaints should be written up the way you told them, all of them should be listed, and the following entries should be reviewed by you: the "dates in" and "dates out", "mileage in" and "mileage out", their diagnosis, and all the details of what they did to the car. It is important to know that dealerships are required to give you a copy of all of your repair orders. Do not leave the dealership without them. Don’t accept “We’ll mail them to you later”, because you then have no control over what they write.

In addition, we will need your purchase and finance documents. You should have a folder where you put all paperwork pertinent to your vehicle. Keep copies of all the routine maintenance such as oil changes, because in an engine claim, for example, it will be necessary to show that you maintained the vehicle properly. In addition, it would be helpful to keep a simple journal describing the history of your problems, with dates, events, conversations with mechanics, phone calls, etc. This may be very helpful in court a few months down the road when details may be forgotten.

What will it cost me?
Only the reasonable costs of litigation. Thanks to the legislature, the Lemon Law contains a "fee-shifting provision", which means that if you win or settle your case, the attorney’s fees "shift" to the manufacturer. The Legislature considered the fact that some car problems do not have a high cash value. If such cases were on a contingency basis, no attorney could afford taking such cases, and as a result, car manufacturers would have less incentive to fix "smaller" defects. This fee-shifting provision ensures your attorney’s fees are paid even for smaller cash value cases. If you lose your case, we lose too and our attorney’s fees don’t get paid. However, Oregon law requires that clients remain responsible for the costs of litigation.

What are my chances of recovery?
If we accept your case, it is because we believe that you have a valid claim. We cannot promise an outcome at the onset, because cases are ultimately decided by an arbitrator or judge. The Court will look at the totality of the circumstances, including your testimony. The value of your case may change during the course of our representation.

Can I handle my own case?
Yes, the court allows pro se representation. However, the car manufacturer will certainly be represented by some of the best attorneys money can get. While you may feel confident about presenting your history of car problems, your opponent will be expert in all the fine points of the law and will object to testimony that is not relevant to the statutes. It costs less for them to fight you than to buy back your vehicle. If you lose, you may have no further legal recourse in a binding arbitration.

Hiring an experienced attorney gives you the advantage of being represented by someone who routinely handles such claims. It adds legitimacy to your case, and increases the chances of an early settlement and satisfying result.

What if I no longer have the defective vehicle?
Then you don't have a case, because the subject matter of a potential lawsuit is gone.

What if I purchased a used vehicle?
If your vehicle was still covered under the manufacturer's basis or extended warranty and you made at least one repair visit before the warranty ended, you may be entitled to compensation for breach of warranty if you continued to experience the same problem(s) after the warranty expired. Contact us for a free evaluation of your claim. But we don’t handle claims for cars bought “As Is”.

What if I had the vehicle repaired at a facility other than the dealership?
The dealership acts as the manufacturer's agent for purposes of repairing the vehicle. Unsuccessful repairs done elsewhere cannot be imputed to the manufacturer. However, you do not have to return to the purchasing dealer. For example, if you purchased a GM product, you may go to any GM dealer for repairs.

My car is old or has a lot of miles on it. Is that a problem?
It could be. The more a vehicle has been used, the harder it is to prove a manufacturer's defect. Please don't let time go buy and contact our firm as soon as possible.

Will I have to go to court?
We try our best to settle your case quickly. If you don’t get an offer that you can accept, we proceed to a court-mandated arbitration. By far most cases settle before or right after arbitration. Very few cases proceed to trial.


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