Oregon Lemon Law
Hi all. I am just wondering if anyone has any experience with filing a claim using the Oregon's lemon law? I have a 2015 F250 SD which has something wrong with the transfer case. Truck was in the shop 1.5 months ago for a week and they could not repair it. I took the truck home as I needed it for some camping trips, did not need the 4WD, so transfer case was a non-issue.
I took the truck back two weeks ago to see if it could be repaired. Talked to the service department yesterday and they are going to replace the entire transfer case. However...transfer case is on National Backorder. Dealer has no idea when transfer case will be in. Note, I have no issue with dealer, they have been great, given me loaner, kept me updated, etc.
However, if this starts to stretch into months I am going to consider filing a lemon law case.
Here is the quote from the Oregon lemon law document. It looks to me like if the truck has been out of service for more than 30 days in the first two years, for the same issue, that it qualifies. How do you guys read this? Yes, if I actually proceed with this case, I will talk with a lawyer. I just want some other opinions.
Thanks,
Here is the document I was referring too:
For vehicles purchased/leased before September 21, 2009, the Oregon lemon law establishes a presumption that a reasonable number of repair attempts have been undertaken if either of the following events has occurred during the period of one year following the date of the motor vehicle’s original delivery to the consumer or during the period ending when the vehicle mileage reaches 12,000 miles, whichever period ends
first:
1. The same nonconformity has been subject to repair or correction four or more times by the manufacturer or its agent or authorized dealer, but the nonconformity
continues to exist; or
2. The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more business days.
For vehicles purchased/leased on or after September 21, 2009, the presumption is met if either of the following events has occurred during the two-year period following the date of the motor vehicle’s original delivery to the consumer or during the period
ending when the vehicle mileage reaches 24,000 miles, whichever period ends first:
1. The manufacturer, its agent or authorized dealer has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the nonconformity, but the nonconformity continues to exist; or
2. The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more calendar days or 60 or more calendar days for a motor home; or
3. The manufacturer, its agent or authorized dealer has subjected a nonconformity that is likely to cause death or serious bodily injury to repair or correction at least one time and has made a final attempt to repair or correct the nonconformity, but the
nonconformity continues to exist.
The one-year/12,000 miles period, two-year/24,000 miles period, and the 30-day period are extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster.
I took the truck back two weeks ago to see if it could be repaired. Talked to the service department yesterday and they are going to replace the entire transfer case. However...transfer case is on National Backorder. Dealer has no idea when transfer case will be in. Note, I have no issue with dealer, they have been great, given me loaner, kept me updated, etc.
However, if this starts to stretch into months I am going to consider filing a lemon law case.
Here is the quote from the Oregon lemon law document. It looks to me like if the truck has been out of service for more than 30 days in the first two years, for the same issue, that it qualifies. How do you guys read this? Yes, if I actually proceed with this case, I will talk with a lawyer. I just want some other opinions.
Thanks,
Here is the document I was referring too:
For vehicles purchased/leased before September 21, 2009, the Oregon lemon law establishes a presumption that a reasonable number of repair attempts have been undertaken if either of the following events has occurred during the period of one year following the date of the motor vehicle’s original delivery to the consumer or during the period ending when the vehicle mileage reaches 12,000 miles, whichever period ends
first:
1. The same nonconformity has been subject to repair or correction four or more times by the manufacturer or its agent or authorized dealer, but the nonconformity
continues to exist; or
2. The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more business days.
For vehicles purchased/leased on or after September 21, 2009, the presumption is met if either of the following events has occurred during the two-year period following the date of the motor vehicle’s original delivery to the consumer or during the period
ending when the vehicle mileage reaches 24,000 miles, whichever period ends first:
1. The manufacturer, its agent or authorized dealer has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the nonconformity, but the nonconformity continues to exist; or
2. The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more calendar days or 60 or more calendar days for a motor home; or
3. The manufacturer, its agent or authorized dealer has subjected a nonconformity that is likely to cause death or serious bodily injury to repair or correction at least one time and has made a final attempt to repair or correct the nonconformity, but the
nonconformity continues to exist.
The one-year/12,000 miles period, two-year/24,000 miles period, and the 30-day period are extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster.
