If manufacturer either fails to make a final attempt to repair the defect, or if the defect still exists after such an attempt, you may seek to receive a replacement vehicle or a refund via the following options:
Manufacturer`s Arbitration Program: If the manufacturer participates in a thirdparty arbitration program and notifies you of the procedure, then you are obligated to try to solve the problem through this program in order to be eligible for a refund or replacement vehicle.
Also known as informal dispute settlement, arbitration is an informal process that consumers may use to obtain speedy resolution of a warranty dispute without having to go to court, and it is legally binding on the manufacturer only. At an arbitration hearing, the seller and buyer testify before an arbitrator about the condition of the vehicle.
You can find out if the manufacturer of your vehicle sponsors an arbitration program that is certified in the state of Oregon by reading the information accompanying your warranties, by asking your local dealer or zone representative, or by contacting the Oregon Office of the Attorney General.
If you use an arbitration program, the decision reached through the program is not binding on you; this means that if you are not satisfied with the decision, you may appeal it in court.
Court Action: If you have met the requirements listed above of this Lemon Law and if you reject the manufacturer`s dispute resolution program`s decision(s), your other option is going to court.
If you do seek court action, you should consult with an attorney; you may find referrals for attorneys who specialize in Lemon Law cases by contacting the Oregon State Bar Association . You must file your lawsuit within the earlier of two years after taking delivery of the vehicle, or one year after your vehicle reached 12,000 miles.
If the court finds in your favor, you should be able to recover attorney`s fees.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified lemon lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local lemon attorney to discuss your specific legal situation.