Lemon Law Complaint - Oregon

COMPLAINT

Oregon Automobile Warranty Enforcement Law

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

COMPLAINT UNDER ORS 646A.400–646A.418

Plaintiff alleges:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [NAME] is a consumer within ORS 646A.400(2) because Plaintiff is:

☐ The purchaser or lessee, other than for resale, of a new motor vehicle normally used for personal, family, or household purposes.

☐ A qualifying transferee during the duration of an applicable express warranty.

☐ Another person entitled by the warranty's terms to enforce the warranty.

2. Defendant [MANUFACTURER LEGAL NAME] manufactured and issued the applicable express warranty for the vehicle identified below.

3. This Court has subject-matter jurisdiction because [INSERT VERIFIED BASIS].

4. Venue is proper in this county because [INSERT VERIFIED FACTUAL AND LEGAL BASIS].

II. VEHICLE AND WARRANTY

5. The vehicle is:

6. The vehicle is a “motor vehicle” within ORS 646A.400(4) because it is a passenger motor vehicle as defined in ORS 801.360 and was purchased in Oregon or purchased outside Oregon and registered in Oregon.

7. Defendant provided an express warranty covering [DESCRIBE COVERAGE] for [TERM/MILEAGE].

III. NONCONFORMITIES AND REPORTS FOR REPAIR

8. The vehicle did not conform to Defendant's applicable express warranty in the following respects:

9. Plaintiff reported each claimed nonconformity to Defendant, Defendant's agent, or Defendant's authorized dealer for repair or correction within the earlier of two years after original delivery or the date the vehicle reached 24,000 miles, as required by ORS 646A.402(2).

10. The claimed nonconformity substantially impairs the vehicle's:

☐ Use
☐ Market value
☐ Safety

11. Despite the repair or correction attempts described above, [IDENTIFY NONCONFORMITY] continues to exist.

IV. DIRECT WRITTEN NOTICE AND OPPORTUNITY TO CORRECT

12. ORS 646A.402(3) requires the manufacturer to receive direct written notification from or on behalf of the consumer and to have an opportunity to correct the alleged defect.

13. On [__/__/____], Plaintiff sent Defendant direct written notification describing [DEFECTS] and offering an opportunity to correct them. Defendant received the notification on [__/__/____]. A copy is attached as Exhibit [____].

14. After receiving that notification, Defendant had the following opportunity to correct the alleged defect: [DESCRIBE SCHEDULING, ACCESS, INSPECTION, OR REPAIR OPPORTUNITY].

15. Defendant [FAILED TO CORRECT / DECLINED / DID NOT RESPOND / OTHER].

V. REASONABLE-NUMBER-OF-ATTEMPTS PRESUMPTION

16. Plaintiff relies on one or more of the following ORS 646A.406(1) routes:

☐ Three-repair route — ORS 646A.406(1)(a): Defendant or its agent or authorized dealer subjected the same nonconformity to repair or correction three or more times, Defendant had an opportunity to cure, and the nonconformity continues.

☐ Out-of-service route — ORS 646A.406(1)(b): The vehicle was out of service by reason of repair or correction for a cumulative total of at least 30 calendar days, or at least 60 calendar days if the vehicle is a motor home.

☐ Serious-safety route — ORS 646A.406(1)(c): A nonconformity likely to cause death or serious bodily injury was subjected to repair or correction at least once, a final attempt was made, and the nonconformity continues.

17. The applicable totals are [____] repair attempts and [____] cumulative calendar days out of service.

18. Defendant received the prior direct written notification and opportunity to cure required for the ORS 646A.406(1) presumption by ORS 646A.406(4).

19. Any claimed extension under ORS 646A.406(3) is based on [WAR / INVASION / STRIKE / FIRE / FLOOD / OTHER NATURAL DISASTER] and lasted from [__/__/____] through [__/__/____].

VI. INFORMAL DISPUTE SETTLEMENT PROCEDURE

20. ☐ Defendant had no ORS 646A.408-qualifying procedure of which Plaintiff was notified.

21. ☐ Defendant had a qualifying procedure, Plaintiff first resorted to it on [__/__/____], and the procedure concluded on [__/__/____] with [RESULT]. The decision is binding on Defendant but not Plaintiff under ORS 646A.408.

22. ☐ Plaintiff disputes that the identified procedure satisfies ORS 646A.408 because [FACTUAL AND LEGAL BASIS].

VII. TIMELINESS

23. ORS 646A.416 requires an action under ORS 646A.400 to 646A.418 to be commenced within one year after whichever of its listed periods ends earlier: the period ending when the vehicle reaches 24,000 miles, the two-year period after original delivery, or a period ending after an ORS 646A.406(3) extension.

24. The applicable listed period ended on [__/__/____] because [SHOW CALCULATION]. Plaintiff commenced this action on [__/__/____], within one year.

VIII. CLAIM FOR RELIEF

Violation of ORS 646A.400–646A.418

25. Plaintiff realleges paragraphs 1 through 24.

26. Defendant and its agents or authorized dealers were unable, after a reasonable number of attempts, to conform the vehicle to the applicable express warranty by repairing or correcting a defect or condition that substantially impairs the vehicle's use, market value, or safety to Plaintiff.

27. Under ORS 646A.404(1), Defendant must replace the vehicle with a new motor vehicle or accept its return and refund the full purchase or lease price and collateral charges paid, less the statutory reasonable allowance for use.

28. If Defendant provides a refund, ORS 646A.404(2) requires the refund to be made to Plaintiff and any lienholder as their interests appear.

29. The reasonable-use allowance under ORS 646A.404(3) is calculated from the applicable mileage, the cash or lease price, and collateral charges, using a divisor of:

☐ 120,000 for a vehicle that is not a motorcycle or motor home
☐ 25,000 for a motorcycle
☐ 90,000 for a motor home

30. The mileage component is the vehicle's mileage when Defendant takes the ORS 646A.404(1) action, subject to the exact “less 10 miles” repair-period language in ORS 646A.404(3)(b).

31. Plaintiff seeks enhanced damages only if the court grants an ORS 646A.404(1) remedy and finds that Defendant did not act in good faith, as provided in ORS 646A.412(1).

32. Plaintiff seeks attorney fees, expert-witness fees, and costs only as the court may award them under the applicable provisions of ORS 646A.412(2) or (3).

IX. PRAYER FOR RELIEF

Plaintiff requests judgment:

A. Declaring Plaintiff entitled to relief under ORS 646A.404(1);

B. Requiring Defendant to replace the vehicle with a new motor vehicle or accept return of the vehicle and provide the statutory refund;

C. If refund is provided, including the full purchase or lease price and collateral charges paid, less the lawful use allowance, allocated between Plaintiff and any lienholder as their interests appear;

D. Awarding the additional damages allowed by ORS 646A.412(1) only upon the required findings;

E. Awarding attorney fees, expert-witness fees, and costs only to the extent permitted by ORS 646A.412; and

F. Granting other relief supported by the pleaded claim and applicable law.

X. JURY DEMAND

Plaintiff demands a jury trial on all issues for which a jury right exists.

DATED: [__/__/____]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME]
OSB No. [________________________________]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]
Attorney for Plaintiff / Self-Represented Plaintiff

SOURCES AND REFERENCES

• Oregon Revised Statutes, Chapter 646A, ORS 646A.400–646A.418: https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html