Lemon Law Demand Letter — Oregon

OREGON AUTOMOBILE WARRANTY ENFORCEMENT LAW

DIRECT WRITTEN NOTICE AND DEMAND

Delivery method: [________________________________]
Tracking or confirmation number: [________________________________]

Date: [__/__/____]

To:

[MANUFACTURER LEGAL NAME]
Attn: [CUSTOMER RELATIONS / WARRANTY DEPARTMENT / REGISTERED AGENT]
[ADDRESS]
[CITY, STATE ZIP]

From:

[CONSUMER OR COUNSEL NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

Re:

Dear [MANUFACTURER REPRESENTATIVE]:

This letter gives [MANUFACTURER] direct written notification of the alleged defects described below and an opportunity to correct them under ORS 646A.402(3). A request for an informal dispute settlement procedure under ORS 646A.408 also qualifies as notification, but this letter independently documents the notice.

Oregon law does not prescribe a particular mailing method or a fixed number of cure days in ORS 646A.402(3). The delivery and response dates requested below are for documentation and scheduling; they are not represented as statutory deadlines.

I. CONSUMER AND VEHICLE ELIGIBILITY

The sender asserts the following facts:

Consumer — ORS 646A.400(2)

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

☐ Qualifying transferee during the duration of an applicable express warranty.

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

Motor vehicle — ORS 646A.400(4)

☐ Passenger motor vehicle as defined in ORS 801.360.

☐ Purchased in Oregon.

☐ Purchased outside Oregon but registered in Oregon.

Vehicle type

☐ Vehicle other than a motorcycle or motor home
☐ Motorcycle
☐ Motor home

For a motor home, confirm that each claimed defect concerns the covered motor vehicle rather than an excluded “living facility component” described in ORS 646A.400(3).

II. EXPRESS WARRANTY AND NONCONFORMITIES

Applicable express warranty: [________________________________]

Warranty term or mileage: [________________________________]

The vehicle does not conform to the applicable express warranty as follows:

The sender asserts that the continuing nonconformity substantially impairs:

☐ Use
☐ Market value
☐ Safety

III. TIMELY REPORTS FOR REPAIR — ORS 646A.402(2)

Each claimed nonconformity must have been reported to the manufacturer, its agent, or its authorized dealer for repair or correction during the earlier of:

• Two years following original delivery; or
• The date the vehicle reached 24,000 miles.

Total repair attempts for the same nonconformity: [____]
Total cumulative calendar days out of service: [____]

IV. PRESUMPTION ROUTE — ORS 646A.406

The sender relies on the following route or routes:

☐ Three-repair route — ORS 646A.406(1)(a): The same nonconformity was subjected to repair or correction three or more times, the manufacturer 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 at least 30 cumulative calendar days, or at least 60 cumulative calendar days for 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.

A repair may count even if it must take place after the earlier reporting period ends. ORS 646A.406(2). The two-year, 24,000-mile, and 30-day periods may be extended only for the circumstances stated in ORS 646A.406(3).

The ORS 646A.406(1) presumption does not apply against the manufacturer unless it received prior direct written notification and had an opportunity to cure. ORS 646A.406(4).

V. OPPORTUNITY TO CORRECT

The vehicle will be made reasonably available for inspection or repair as follows:

Available dates: [________________________________]
Available location: [________________________________]
Contact for scheduling: [________________________________]

Please provide written scheduling instructions by [__/__/____]. This requested response date is not a statutory cure period.

If the serious-safety route is selected above, identify the prior repair and the claimed final attempt:

Prior repair date: [__/__/____]
Final-attempt date: [__/__/____]
Result: [________________________________]

VI. STATUTORY REMEDY — ORS 646A.404

If the manufacturer or its agents or authorized dealers cannot conform the vehicle to the applicable express warranty after a reasonable number of attempts, ORS 646A.404(1) requires the manufacturer to:

• Replace the vehicle with a new motor vehicle; or
• Accept return of the vehicle and refund the full purchase or lease price and collateral charges paid, less the reasonable allowance for use.

The consumer's preference is:

☐ Replacement
☐ Refund
☐ Either statutory remedy

Please state which ORS 646A.404(1) remedy the manufacturer will provide. This preference does not assume that the consumer controls the statute's selection between the two alternatives.

Refund worksheet

ORS 646A.400(1) defines collateral charges. For a qualifying removable aftermarket item, ORS 646A.404(1)(b) permits the manufacturer to remove and return the item instead of refunding its cost if removal will not damage the vehicle.

Reasonable-use allowance — ORS 646A.404(3)

Applicable mileage × (cash or lease price + collateral charges paid) ÷ divisor

The mileage is the vehicle's mileage when the manufacturer takes an action under ORS 646A.404(1), subject to ORS 646A.404(3)(b)'s exact rule: “less 10 miles for mileage that the motor vehicle traveled during any period” when the consumer lacked use because the manufacturer, its agent, or its authorized dealer was repairing the vehicle. Do not replace this wording with “mileage at first repair” or with a subtraction of all repair-downtime miles.

Mileage when manufacturer acts: [____]
ORS 646A.404(3)(b) adjustment: [____]
Applicable mileage used in formula: [____]
Selected divisor: [____]
Calculated allowance: $[____]

ORS 646A.404(2) requires a refund to be made to the consumer and any lienholder as their interests appear. This letter does not assume that the statutory refund necessarily equals every outstanding loan or lease obligation.

VII. INFORMAL DISPUTE SETTLEMENT — ORS 646A.408

Select one:

☐ The manufacturer has not identified a procedure that substantially complies with 16 C.F.R. part 703 as in effect June 23, 2009 and of which it caused the consumer to be notified.

☐ The manufacturer identified the following procedure: [________________________________]. The consumer requests or has first resorted to it on [__/__/____].

☐ The consumer disputes that the identified procedure satisfies ORS 646A.408 because [________________________________].

If ORS 646A.408 applies, the consumer must first resort to the qualifying procedure before the ORS 646A.404 remedy applies. A resulting arbitration decision is binding on the manufacturer but not on the consumer.

VIII. COURT REMEDIES AND FILING PERIOD

If a court grants an ORS 646A.404(1) remedy and finds that the manufacturer did not act in good faith, ORS 646A.412(1) provides an additional award of up to three times the amount of damages, capped at $50,000 over and above the amount due under ORS 646A.404(1).

Attorney fees, expert-witness fees, and costs are not stated here as automatic. They may be awarded only under the applicable terms of ORS 646A.412(2) or (3).

ORS 646A.416 requires an action to be commenced within one year after whichever listed period ends earlier:

Counsel must independently confirm the filing calculation and any other claim-specific deadline.

IX. REQUESTED RESPONSE

Please respond in writing by [__/__/____] and:

1. Confirm receipt of this direct written notification;
2. Provide reasonable inspection or repair scheduling instructions;
3. Identify any ORS 646A.408 procedure the manufacturer contends applies and provide its governing materials; and
4. State whether the manufacturer will replace the vehicle or accept its return and provide the statutory refund if the claim is accepted.

The requested response date is a settlement and scheduling request, not a representation that Oregon law creates a fixed response or cure deadline.

Sincerely,

[NAME]
[LAW FIRM, IF ANY]
[OSB NUMBER, IF ANY]
[ADDRESS]
[PHONE]
[EMAIL]

ENCLOSURES

☐ Purchase or lease agreement
☐ Warranty booklet
☐ Registration and title records
☐ Repair orders and invoices
☐ Prior written notices and delivery confirmation
☐ Informal dispute settlement submissions and decisions
☐ Photographs, videos, or diagnostic records
☐ Other: [________________________________]

SOURCES AND REFERENCES

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