Legal Question in Business Law in Oregon

Oregon has a new car lemon law. This also applies to used vehicles purchased within one year of the original delivery date or have fewer than 12,000 miles--whichever comes first. If you have purchased a used car that meets these requirements, you can pursue a claim under Oregon's lemon law.

If the car is older than that, you may have an implied warranty from the dealer, which would obligate the dealer to fix the car. The Federal Trade Commission requires used car dealers to post a Buyer's Guide sticker on the car's side window that indicates whether the vehicle is being sold with a warranty, with implied warranties only, or "as is." Unless the sticker says "as is," then you have an implied warranty.

The Oregon unfair trade practices law allows lawsuits for damamges, if your dealer misled you by false advertising (claiming the car had no defects) or by tampering with the odometer. Odometer tampering is a Class C felony in Oregon and the penalty is a $1,500 fine or triple the damage, whichever is greater, along with court costs and attorney's fees.

But, if the dealer refuses to fix the car, then you do have to go to court, probably small claims court (if the amount you seek is less than $7,500).