Oregon Statutes 646A.405 – 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 (1)(a) or (b) shall request the Department of Transportation to:
Terms Used In Oregon Statutes 646A.405
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Title the motor vehicle in the manufacturer’s name; and
(b) Inscribe on the certificate of title for the motor vehicle and in the department’s 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 (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:
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This vehicle was repurchased by its manufacturer in accordance with Oregon’s 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.’
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(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 and a person that fails to comply with the requirements is subject to the causes of action and remedies provided in ORS § 646.632 and 646.638.
(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]