Oregon Lemon Law
Consumers who have purchased or leased a new
automobile with major defects are protected by Oregon's lemon law.
Passed in 1983, this law gives owners of "lemons" the remedy of a new
vehicle or a refund of the vehicle purchase price, less a reasonable
allowance for the use of the vehicle.
What constitutes a "lemon"? According to the law, four requirements
that must
be met:
- The motor vehicle must have been
purchased in Oregon.
- The purchaser (original owner or subsequent
buyer) must have purchased the vehicle for personal, family or
household purposes during the express warranty period.
- The vehicle must have returned to the dealer
three or more times for the same defect, OR the vehicle was out of
service at the dealer due to the defect for 30 or more days, for a
serious defect that substantially impairs the use and market value of
the vehicle.
- The defect was first reported to the dealer
within the first 24,000 miles or two years from purchase.
If you are entitled to receive a new vehicle or a
refund for the full purchase price, there will be a deduction for the
miles on the vehicle, or what the statute calls "a reasonable allowance
for the use of the vehicle".
It is important to note that the law is designed
to address major defects that substantially impair the use and market
value of the vehicle. It does not cover problems that are the result of
accidents, abuse, neglect or unauthorized modifications or alterations
of your car.
Contact us to see if you have a
valid Oregon Lemon Law claim!
Washington Lemon Law
Consumers in
Washington who have purchased or leased a new automobile with major
defects are protected by Washington's Lemon Law. This law gives
owners of "lemons" the remedy of a new vehicle or a refund of the
vehicle purchase price, less a reasonable allowance for the use of the
vehicle. According to Washington Lemon Law, there are four
requirements that must be met for a car to be a lemon:
- The motor vehicle
must have been purchased
in Washington.
- The vehicle must
be primarily designed for the
transportation of persons or property over the public highways.
- The vehicle must
have returned to the dealer
four or more times for the same defect, OR the vehicle was out of
service at the dealer for 30 or more days, for a serious defect that
substantially impairs the use and market value of the vehicle.
- The defect was
reported to the dealership
within two years or 24,000 miles of the original purchase.
If you are entitled to receive a new vehicle or a
refund for the full purchase price, there will be a deduction for the
miles on the vehicle, or what the statute calls "a reasonable allowance
for the use of the vehicle".
It is important to note that the law is designed
to address major defects that substantially impair the use and market
value of the vehicle. It does not cover problems that are the result of
accidents, abuse, neglect or unauthorized modifications or alterations
of your car.
Contact
Us to find out if you have a Washington Lemon Law claim!
Breach of Warranty
If your case does not qualify for the Lemon Law,
you may still have a Breach of Warranty claim. Your vehicle came with a
basic warranty, which is a promise by the manufacturer that it will
repair certain defects in your car, or that your car will be of a
certain quality, for a specified period of time. If you purchased a
manufacturer’s extended warranty, the promise (and potential basis for
a lawsuit) is extended accordingly. The defect must be covered under
the warranty to qualify for a breach of warranty. Typically, the remedy
is a partial refund.
As in a lemon law case, you must first give the
seller a reasonable opportunity to fix the defect. Not every problem or
defect will qualify as a "breach of warranty." It depends on the terms
of the warranty and the severity of the problem. Also, warranties have
time limits.
Contact us to see if you
have a Breach of Warranty claim!
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