646A.400
Definitions for ORS 646A.400 to 646A.418. As used in ORS 646A.400 to 646A.418:
(1) “Collateral
charge” means a charge, fee or cost to the consumer related to the sale or
lease of a motor vehicle, such as:
(a) A sales,
property or use tax;
(b) A license,
registration or title fee;
(c) A finance
charge;
(d) A prepayment
penalty;
(e) A charge for
undercoating, rust-proofing or factory or dealer installed options; and
(f) The cost of
an aftermarket item purchased within 20 days after delivery of the motor
vehicle.
(2) “Consumer”
means:
(a) The purchaser
or lessee, other than for purposes of resale, of a new motor vehicle normally
used for personal, family or household purposes;
(b) Any person to
whom a new motor vehicle used for personal, family or household purposes is
transferred for the same purposes during the duration of an express warranty
applicable to such motor vehicle; and
(c) Any other
person entitled by the terms of such warranty to enforce the obligations of the
warranty.
(3)(a) “Motor
home” means a motor vehicle that is a new or demonstrator vehicular unit built
on, or permanently attached to, a self-propelled motor vehicle chassis, chassis
cab or van that becomes an integral part of the completed vehicle, and that is
designed to provide temporary living quarters for recreational, camping or
travel use.
(b) “Motor home”
does not include a trailer, camper, van or vehicle manufactured by an entity
that primarily manufactures motor vehicles other than motor homes as defined in
this subsection.
(c) “Motor home”
does not include “living facility components,” which means those items
designed, used or maintained primarily for the living quarters portion of the
motor home, including but not limited to the flooring, plumbing fixtures,
appliances, water heater, fabrics, door and furniture hardware, lighting fixtures,
generators, roof heating and air conditioning units, cabinets, countertops,
furniture and audio-visual equipment.
(4) “Motor
vehicle” means a passenger motor vehicle as defined in ORS 801.360 that is
purchased in this state or is purchased outside this state but registered in
this state. [Formerly 646.315; 2009 c.448 §1]
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2008–2026 · leading case:
Liles v. Damon Corp., 198 P.3d 926 (Or. 2008).
Liles v. Damon Corp., 198 P.3d 926 (Or. 2008).
· cites it 2× “Plaintiffs brought this action under ORS 646A.400 to 646A.418, commonly known as Oregon’s Lemon Law, 1 seeking replacement of a motor home that they had purchased.”
Diemert (D. Or. 2026).
· cites it 5× “DISCUSSION Plaintiff brings his claim under the Oregon Lemon Law (“OLL,”), ORS 646A.400, et seq. In relevant part, the OLL provides: (1) If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the vehicle to an applicable manufacturer’s…”
Roblin v. Newmar Corp. (D. Or. 2019).
· cites it 2× “Plaintiff moves for partial summary judgment on their claim under Oregon’s Lemon Law, Or. Rev. Stat. § 646A.400 et. seq., alleging that all repairs on the RV are attributable to Newmar as the manufacturer.”
Robert Roblin v. Newmar Corp. (9th Cir. 2021).
“The district court granted summary judgment to Roblin on his claim against Newmar under Oregon’s Lemon Law, Or. Rev. Stat. § 646A.400, et. seq.1 We have jurisdiction under 28 U.”
Sarkisian v. Newmar Indus. (D. Or. 2023).
“412(3), a “court may award reasonable attorney fees, fees for expert witnesses and costs to the prevailing party in an appeal or action under ORS 646A.400 to 646A.418 that involves a motor home.”
TruNorth Warranty Plans of North Am. v. DCBS, 536 P.3d 24 (Or. Ct. App. 2023).
“293(3) (so defining “consumer” in the context of automatic renewal and continuous service offers); ORS 646A.400(2) (so defining “consumer” in the context of enforcement of express warran- ties on new motor vehicles).”
— Or. Rev. Stat. § 646A.400(2) — 1 case
TruNorth Warranty Plans of North Am. v. DCBS, 536 P.3d 24 (Or. Ct. App. 2023).
“293(3) (so defining “consumer” in the context of automatic renewal and continuous service offers); ORS 646A.400(2) (so defining “consumer” in the context of enforcement of express warran- ties on new motor vehicles).”
— Or. Rev. Stat. § 646A.400(3)(a) — 1 case
Diemert (D. Or. 2026).
“DISCUSSION Plaintiff brings his claim under the Oregon Lemon Law (“OLL,”), ORS 646A.400, et seq. In relevant part, the OLL provides: (1) If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the vehicle to an applicable manufacturer’s…”
— Or. Rev. Stat. § 646A.400(3)(c) — 1 case
Diemert (D. Or. 2026).
“DISCUSSION Plaintiff brings his claim under the Oregon Lemon Law (“OLL,”), ORS 646A.400, et seq. In relevant part, the OLL provides: (1) If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the vehicle to an applicable manufacturer’s…”
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