2013 ORS § 646A.405¹
Manufacturer action under ORS 646A.404
  • request to Department of Transportation
  • notice to buyer
  • unlawful practice
  • rules

(1) A manufacturer that takes an action with respect to a motor vehicle under ORS 646A.404 (Consumers remedies) (1)(a) or (b) shall request the Department of Transportation to:

(a) Title the motor vehicle in the manufacturers name; and

(b) Inscribe on the certificate of title for the motor vehicle and in the departments records concerning the motor vehicle the notation Lemon Law Buyback.

(2) A person that acquires a motor vehicle in order to sell, lease or otherwise transfer the motor vehicle and that knows or should have known that the manufacturer took an action with respect to the motor vehicle under ORS 646A.404 (Consumers remedies) (1)(a) or (b) or that the certificate of title for the motor vehicle is inscribed with the notation specified in subsection (1) of this section, before selling, leasing or otherwise transferring the motor vehicle shall:

(a) Provide the buyer, lessee or transferee with a notice that states:

______________________________________________________________________________

This vehicle was repurchased by its manufacturer in accordance with Oregons consumer warranty law because of a defect in the vehicle. The title to this vehicle has been permanently inscribed with the notation Lemon Law Buyback.

______________________________________________________________________________

(b) Obtain the signature of the buyer, lessee or transferee on the notice in a space provided for that purpose under a statement in which the buyer, lessee or transferee acknowledges receiving and understanding the notice.

(3) Failure to comply with the requirements of subsection (1) or (2) of this section is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) and a person that fails to comply with the requirements is subject to the causes of action and remedies provided in ORS 646.632 (Enjoining unlawful trade practices) and 646.638 (Civil action by private party).

(4) The Director of Transportation may adopt rules to prescribe the form and content of the notice required under this section and to require the disclosure of other information the director deems necessary to inform a buyer, lessee or transferee of the condition of a motor vehicle that is subject to the provisions of this section or information that is otherwise material to a sale, lease or transfer of the motor vehicle. [2009 c.448 §10]