Trade Regulation

ORS 646A.402
Availability of remedy

The remedy under the provisions of ORS 646A.400 (Definitions for ORS 646A) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) is available to a consumer if:

(1)

A new motor vehicle does not conform to applicable manufacturer’s express warranties;

(2)

The consumer reports each nonconformity to the manufacturer, the manufacturer’s agent or the manufacturer’s authorized dealer, for the purpose of repair or correction, during the two-year period following the date of original delivery of the motor vehicle to the consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, whichever period ends first; and

(3)

The manufacturer has received direct written notification from or on behalf of the consumer and has had an opportunity to correct the alleged defect. “Notification” under this subsection includes, but is not limited to, a request by the consumer for an informal dispute settlement procedure under ORS 646A.408 (Use of informal dispute settlement procedure as condition for remedy). [Formerly 646.325; 2009 c.448 §2]

Notes of Decisions

Written notification to manufacturer must precede court determination that remedy is availability, but need not precede filing of action. Liles v. Damon Corp., 345 Or 420, 198 P3d 926 (2008)

Source

Last accessed
May 26, 2023

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