A Comprehensive Guide to Combat a “Lemon” In Oregon
- By Rock Watson
- Published 01/31/2012
Rock Watson
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America
is all about speed. Our fast lives and faster cars are a manifestation
of our culture. Well, cars have been an important part of this great
nation. It is the best way to explore the world-famous cities of
America. When it comes to the Beaver State, roads are definitely the
most accessible option. Cruising on I-5, you can travel to the state of
California. Several State Highways also allow efficient road travel
within Oregon.
Many
Oregonians have spent their life-savings to get their prefect cars.
But, this dream shatters when your car is more in the garage than on the
road. Your car dream is brutally mortified when you discover that your
car is a lemon.
You
can re-live your dream with the help of Oregon Lemon Law which was
passed in 1983. This law gives you the right to get a new vehicle or a
refund of your car. It has become stronger after the 2009 amendment.
Before you go to the dealer and ask for a refund/replacement, let's understand the State Lemon Law in detail.
In order to claim under "Lemon Law", you must fulfill the following four requirements:
1)
Your car must be purchased on or after January 1, 1984. Initially the
law covered only those vehicles which were purchased in Oregon. However,
things have changed now.
2)
It doesn't matter if you are the original owner or a subsequent one, it
is important that you purchased the car during express warranty period.
3)
Your car must be a "lemon". The Oregon Lemon Law considers it lemon if
your car fulfills any of the below mentioned criteria -
i) The manufacturer, its agents, its authorized dealers were unable to repair the same defect even after three attempts.
ii) The car is being repaired for more than 30 days.
iii) There is a serious non-conformity which can cause death or grave injuries to the passengers.
You
must understand that the law will not cover any problem if it's related
to abuse or neglect of the car. You won't be covered under the law if
you carried out some unauthorized alterations.
It
is also essential that you notify the problem to the manufacturer
within two years or 24,000 miles of purchase (whichever comes first).
Before the 2009 amendment, the limit was one year and 12,000 miles.
4)
You are obligated to participate in a third-party arbitration program
if the manufacturer notifies you about it. The court can award you
thrice the amount of damages (not to exceed $ 50,000). This is possible
only when the court agrees that the manufacturer acted in bad faith
during the arbitration.
If
you meet the criteria, you will get a replacement or refund. It will be
decided by the manufacturer. The refund will cover the full purchase
price including collateral charges such as taxes, registration fees,
loan charges, pre-payment penalties and cost of few dealer-installed
products. However, he will deduct reasonable allowance for using the
car.
How Can You Prove Your Case?
You must have a strong case to fight against the legal team of the manufacturer. Here are few tips to help you with it.
In order to have a fool-proof case, you need to have copies of the following:
i) Repair Invoices and Routine Maintenance Invoices
ii) Purchase Contract
iii) Title
iv) Registration Document
Words
Stay For Ever
It
is essential that you maintain a logbook. Write down every single
detail in it. Along with the repair and maintenance orders, keep a
record of letters that you send to the manufacturer or dealer.
Mention every communication with accurate date, time, name and phone number of the person you spoke with.
Note
every date and time when the car gave you problem. Also, write the
dates when your car wasn't in a working condition or was in the repair
shop. Don't forget to write the "mileage in" and "mileage out" when you
send the car for repair.
The logbook will ensure that you remember everything and will be useful in proving your point to the manufacturer.
Precaution in the Beginning Means a Happy Ending
For New Cars
The
State has enacted a strong law to protect your rights but a court case
is often time-consuming. So, make sure you don't buy a lemon.
Whenever you set out to buy a new car,
do a thorough research. Read articles on web. Car experts give reviews
on all car models. By researching, you will know the pros and cons of
the car.
You must also check the auto recall lists. If the vehicle model was recalled for a defect, there is no point in buying it.
For Used Cars
The Oldest Trick in the Book
Odometer
tampering continues to be a major problem. The National Highway Traffic
Safety Administration website mentions that more than 4,50,000 vehicles
are sold each year with odometer rollbacks. It also stated that the
false readings cost more than $1 billion dollars annually.
You
can avoid the fraud by checking the vehicle's history. It will give you
information about accidents, theft, previous owners, etc.
You
must know that a car tire can run approx for 60,000 miles. So if the
odometer reads 18,000 miles but the tires seem old and worn out, it's
time to say good bye to that car. Also check the engine and car
interiors. Service reminder stickers, warranty cards, etc. will give you
an idea about the actual readings.
What Does The Title Say?
According
to the 2009 amendment (SB 515), the DMV now requires the manufacturer
to add "Lemon Law Buyback" to the title and vehicle record when he
repurchases the car. This means you will know if the dealer is trying to
sell a lemon.
Avoid Flood-Damaged Cars
Inspect
the vehicle for flood damage. Check for dirt and rust in the trunk.
Also, a flooded vehicle mostly has moisture in headlight and tail light
assembly.
"As Is"
In
an "as is" agreement, the dealer doesn't provide any warranty. All that
you have is the manufacturer warranty, only if it hasn't expired.
Buying an "as is" car means the dealer won't take responsibility if it
ceases to work. Avoid such cars.
So,
this is how you can save yourself from a lemon. If you have made a
mistake of buying a lemon, take help of the Oregon State Lemon Law. If
you are going to buy a car, make sure you stay away from the "sour"
experience.
Be alert to truly enjoy the "sweetness" of driving your dream car!
When
you buy a car, you try hard to save yourself from a “sour” experience.
But, it can become “bitter” by highly unaffordable auto loans. Apply
online on RapidCarLoans.Net for auto loans in Oregon and avail the most competitive car financing options. Apply and enjoy a “sweet” car buying experience.
