LEMON LAW DEMAND LETTER

STATE OF OREGON

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: OREGON LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Oregon Motor Vehicle Warranties Law, ORS 646A.400 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. OREGON LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Oregon Motor Vehicle Warranties Law, ORS 646A.400 et seq., commonly known as Oregon's Lemon Law, which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under ORS 646A.400, a "motor vehicle" means:
- A new passenger motor vehicle that is purchased or leased in Oregon
- A vehicle that is registered by the consumer in Oregon
- Excludes: Motorcycles, motor homes, and vehicles with a gross vehicle weight rating over 10,000 pounds

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Oregon's Lemon Law.

C. Coverage Period

Oregon's Lemon Law applies during:
- The Lemon Law Rights Period: Two years from the date of original delivery OR 24,000 miles, whichever comes first. ORS 646A.402(1).

D. Presumption of Nonconformity

Under ORS 646A.406, there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times without success; OR

2. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more business days (need not be consecutive); OR

3. Safety Defect: One (1) repair attempt for a defect that creates a serious risk of injury or death has been unsuccessful.

E. Manufacturer Notice Requirement

Under ORS 646A.408, the consumer must provide written notification by certified mail to the manufacturer of the need for repair. The manufacturer has ten (10) business days from receipt of the notice to make a final attempt to cure the nonconformity.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use, market value, or safety as required under ORS 646A.402:

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Oregon Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Oregon law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 4-repair threshold under ORS 646A.406(1)(a).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, exceeding the 30-day threshold under ORS 646A.406(1)(b).

[ ] Safety Defect Threshold Met:
A defect that creates a serious risk of injury or death exists after [NUMBER] repair attempt(s), meeting the threshold under ORS 646A.406(1)(c).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under ORS 646A.410, if [MANUFACTURER] sponsors an informal dispute settlement procedure that is certified by the Oregon Department of Justice as complying with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has a state-certified arbitration program. Our Client will participate in the process. The arbitration decision is binding on the manufacturer if accepted by the consumer; the consumer may reject the decision and proceed to court.

[ ] [MANUFACTURER] does not have a state-certified informal dispute settlement procedure in Oregon, and therefore the consumer may proceed directly to court.

VIII. DEMAND FOR RELIEF

Pursuant to ORS 646A.402 and 646A.404, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under ORS 646A.404(1), the manufacturer must refund:

The reasonable allowance for use is calculated by multiplying the full contract price by a fraction having as its denominator 100,000 and the number of miles attributable to use by the consumer prior to the consumer's first report of nonconformity as its numerator. ORS 646A.404(1)(a).

[ ] REPLACEMENT

Under ORS 646A.404(2), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees and Costs: Under ORS 646A.412, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Civil Penalty: Under ORS 646A.412, a manufacturer who unreasonably refuses to provide relief may be liable for a civil penalty of $25 per day for each day of unreasonable refusal, up to a maximum of $5,000.

3. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

4. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under ORS 646A.408. The manufacturer has ten (10) business days from receipt of this notice to cure the nonconformity.

Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured within the 10-business-day period, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within ten (10) business days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] File suit in the appropriate Oregon court
[ ] Report this matter to the Oregon Department of Justice

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Oregon law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Oregon Department of Justice - Consumer Protection Section

OREGON LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR OREGON

1. Business Days Calculation: Oregon uses business days (not calendar days) for both the out-of-service calculation and the final repair opportunity period.

2. Safety Defect Exception: For defects creating a serious risk of injury or death, only 1 repair attempt is required.

3. Certified Mail Required: The statute specifically requires written notice by certified mail. Maintain proof of delivery.

4. Daily Civil Penalty: Oregon uniquely provides for a $25/day civil penalty for unreasonable refusal to comply, up to $5,000. This provides significant leverage.

5. State-Certified Arbitration: The arbitration program must be certified by the Oregon Department of Justice, not just FTC-compliant.

6. Registration Requirement: The vehicle must be registered by the consumer in Oregon to be covered.

7. Two-Year Statute of Limitations: Claims must be brought within 2 years of the first report of nonconformity.

8. Arbitration Decision: The decision is binding on the manufacturer only if accepted by the consumer; the consumer may reject it and proceed to court.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Oregon attorney before use.