You can purchase a vehicle without its registration. In the provision most relevant to used car transaction, ORS 646.608(1)(t) makes it a violation for a dealer to fail to affirmatively disclose “any known material defect or material nonconformity.”. To buy a handgun in Oregon… Dealer-bought car with mechanical problems. When buying a vehicle in Oregon, purchasers should go through the normal registration process using the title with transfer signed by seller. As a buyer you may also have a vehicle checked by Oregon DEQ stations to ensure the vehicle is functioning properly and will pass emissions testing, which is required in the Portland-Metro and Medford-Ashland areas. Because the UTPA sets up a negligence framework, it is also a violation for a dealer to fail to disclose material nonconformities or defects that the dealer has “negligently disregarded when the dealer or broker should have known, prior to sale or lease of a motor vehicle.” OAR 137-020-0020(o). Despite the fact that most lawyers, and almost every car dealer, will attempt to use the “as-is” clause as a defense at some point in litigation or negotiation, Oregon courts have consistently held that an “as-is” clause does not defeat a UTPA claim. A bill of sale may also be used, and is a good proof of record for the transaction. The court disagreed, stating that an “as-is” clause “calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty” whereas “ORS 646.608(1)(t) addresses the failure to disclose known material defects.” Id. When a consumer purchases a used car from a private seller, however, the purchase is made as is — without warranty, expressed or implied, unless otherwise noted in a contract signed by … Certainly, many car dealers feel this is the case as “you bought it as-is” is a common refrain for consumers that try to complain after a sale. The seller defendant claimed that because it used a standard “buyer’s guide” with a standard as-is clause pursuant to 16 CFR§455.2 it was protected from a UTPA claim for failure to disclose known material defects. If you purchased a "private motor vehicle" in another state more than 90 days before moving here, you do not owe Washington's use tax. However, the DMV does not handle dealer complaints that deal with the following: These matters should be referred to the Department of Justice. He has written hundreds of articles on the subject of car buying and taught thousands of car … © 1999 - 2021 DMV.ORG. There is a section for both buyer and seller to sign on the back of Oregon title documents. Buying a used car can be a positive and rewarding experience. Also there’s a federal law that requires all car dealers to post on the window of all used cars they are selling a special “Buyer Guide” form (it’s often called a Used Car Window Sticker) that discloses whether or not a warranty comes with the car. If the problem remains after 3 attempts (or 30 days in the repair shop, or 2 attempts to fix a serious safety defect) you have the right to return the car … Because the “lemon law” applies only to new cars, a bad used car case most often falls under the Oregon Unlawful Trade Practices Act, ORS 646.606, et seq. not subject to odometer disclosure requirements. Temporary plates are valid for 20 days. The uninformed are almost always victimized in these transactions, as used car dealers often do not have to the same standards are car dealerships. Please select one of the below to continue: Email this form to yourself and complete it on your computer. Avoid buying a car with costly hidden problems. Buying from a vehicle dealer who has been licensed by the state allows you some protection. at 65 n. 3. This form is provided by your state's agency/department. Clean Car … You should complete the online notice of sale or submit a completed Notice of Sale or Transfer of a Vehicle (Form 735-6890) to the DMV at the following address: Depending on the year of the vehicle, the DMV has different ways to proceed if you want to sell a vehicle whose title you have lost. The state lemon law does, however, extend protection to some owners of used vehicles if those vehicles still meet the eligibility criteria outlined above for so-called new vehicles. Please check your inbox (including spam box). Fortunately for consumers, most people, lawyers included, are mistaken. 1. The DMV holds the seller responsible for providing the buyer with the title. See the Motor Vehicle Lemon Law (atg.wa.gov) on the Office of the Attorney General's site. If you bring the title to DMV: 31-60 days after the sale date, the late fee is $25; or Can you drive a car without plates after buying it? Yes, with the bill of sale paperwork. Lemon Law - Trouble with new cars If it's a new car you bought, Oregon's lemon law allows you to bring the car back to the dealer for repairs. Oregon’s lemon law extends protection to two years or 24,000 miles from the purchase or lease of a new vehicle. Buyers of new vehicles must obtain title transfer and registration, while sellers must notify Oregon DMV within 10 days of the sale. Unfortunately for drivers who believe they’ve bought a defective used car, the lemon law almost always only applies to new vehicles. Nothing on this site should be construed as legal advice, and we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or the other sites to which we link. There are five states without sales taxes: Montana, Alaska, Delaware, Oregon and New Hampshire. When you purchase a car from a private seller, you'll need to receive certain … Some state laws require dealers to offer extra protections for used car buyers, which serve as incentives to buy. For more general information about the process of buying a vehicle, visit the Buying a Vehicle page. Buying or selling a vehicle in Oregon can be made simpler and meet legal requirements by following the guidelines of the Oregon Driver and Motor Vehicle Services Division (DMV). Consumer Law Section Executive Committee Meeting Sellers are required to notify DMV within 10 days of selling a vehicle. 3. While there are plenty of pitfalls and nuances to taking on a bad used car case, the presence of an “as-is” clause should not scare lawyers from investigating further and potentially taking the case. You are however, entitled to certain rights as a buyer under consumer protection laws. 20 days; keep the bill of sale paperwork in the vehicle if purchased from a private seller and temporary plates if purchased from a dealer. If you have bought a vehicle and the seller didn't provide you with the title, you might be able to have a new title issued to you―but only if the vehicle is not subject to odometer disclosure requirements. Typically, luxury cars will depreciate 50% or more in three to four years. A dealer's invoice or bill of sale. However, it's then your responsibility to register the car with the DMV. For more information about your state's coronavirus (COVID-19) updates, see our. That means you have to buy a car with a warranty to have a good case. 156 Or App 257, 270 n. 9 (1998), affirmed 331 Or 537 (2001). Buying A Car From A Private Party. Oregon's DMV provides a site for dealer complaints, and advises that it will consider such complaints through a Request for Investigation (Form 6504) that is signed and dated. Oregon State Flag Buying A Handgun Actually purchasing a firearm isn’t too big of a hassle in Oregon, when it comes to handguns, especially compared to states like California or New York. It's not necessary to have your registration in hand when you sell a vehicle. FTC Staff and Washington, D.C. and Oregon Officials Check Used Car Lots for "Buyers Guide" (October 6, 1998) FTC Issues Revised Dealer and Consumer Guides about Used Car Rule (July 9, 1998) FTC Denied a Request from the California Air Resources Board (ARB) for a Conditional Exemption from the FTCs Used Car … State Regulations in Oregon Buying or selling a vehicle in Oregon can be made simpler and meet legal requirements by following the guidelines of the Oregon Driver and Motor Vehicle Services Division (DMV… Michael Fuller is a partner at Olsen Daines in Portland, Oregon and a consumer law adjunct professor at Lewis & Clark Law School. Once again, the courts discussed as-is clauses only in the context of “warranties” and refused to extend that language to cover a dealer’s failure to disclose material defects and nonconformities. In general, you will need to apply for a duplicate title before initiating a sale. Note: A "private motor vehicle" is an individually owned motor vehicle used … Before buying a car, get a quote to insure the vehicle from your existing insurance company. If your vehicle is a lemon, you can receive a replacement or a refund, less a reasonable allowance for use of the vehicle. These agreements, which cost roughly $250 for a car … The common belief of most consumers, and indeed most lawyers, is that when someone buys a used car “as-is” they have given away all right to complain about the future performance of the car. You can’t just walk right in and grab a gun off the shelf, but it’s almost as easy. Nevertheless, before you commit to making a purchase, familiarize yourself with the laws, rules and recommended guidelines for buying a used car … When you buy a vehicle titled in Oregon, bring the title to DMV for transfer within 30 days to avoid a late fee. The Washington State Motor Vehicle Lemon Law is designed to help people who have ongoing problems with their new vehicle warranty repairs. Most car dealers who sell used vehicles must comply with the Federal Trade Commission's (FTC's) Used Car Rule. Buying a vehicle Transfer ownership into your name. Purchasing a vehicle from a private party can have its advantages; lower prices generally, not being sold on expensive add-ons from a dealer, and avoiding dealer fees… Oregon vehicle dealers are allowed to pass the cost of the CAT on to consumers who purchase vehicles from them. Dealer-bought car that has been totaled and reconstructed. Just remember that you don’t have to buy a brand-new car to get lemon-law protection. Id. The Consumer Law Section maintains this website as a service to our members. Oregon does not have a Lemon Law that applies to used cars, however you may still qualify for protection under other laws such as the Federal Trade Commission's "Used Car Rule" and Oregon's Uniform … However, the Court of Appeals rejected this argument and reversed the trial court, stating that because 16 CFR§455.2 is silent as to “disclosure of known defects” the UTPA requirement that a seller disclose defects that it knew of or should have known of is not affected. Review the insurance laws in your home state to meet the legal minimum coverage standards. Used car laws in Oregon do not include the same type of consumer protection policies as those that are offered to the owners of new cars. In California, for example, car dealers are required to inform consumers about Contract Cancellation Option Agreements for used cars costing less than $40,000. They also are required to follow specific … Tuesday, October 20, 2020, noon at 65. There may be more than one seller or buyer, but a vehicle will have only one title. In the end, an “as-is” clause will not bar recover under a valid UTPA theory. Pretty much the only way you can use the lemon law on a used car is if you bought it with an express written warranty… Protect yourself against title fraud and more. Via telephone conference only due to COVID-19, Consumer Law Executive Committee Social Event – Check back soon for more information, CLE – Law of Landlord and Tenants – Friday October 16, 2020. Vehicle dealers are required to be bonded and insured to operate. Buying a used luxury car is a great way to get a fantastic car at a great price. Provide release of interest from the previous owner(s). If it’s a new car you bought, Oregon’s lemon law allows you to bring the car back to the dealer for repairs. However, thanks to the Oregon Lemon Law, if your newly purchased car has any persistent malfunctioning issues you may be eligible for a replacement vehicle or compensation. It takes time and repeated visits to the service bay to legally establish that a car is a lemon in order to have a vehicle considered under the Lemon Law. Lemon Law - Trouble with new cars . The issue was first addressed in Hinds v. Paul’s Auto Werkstatt, Inc., 107 Or App 63 (1991). 2. The good news for consumers is that, essentially, it doesn’t. 2013 Legislative Session Consumer Law Update. Used car buying tips for finding a quality used car in Portland PDXinspections featured on KATU News – Pre-Purchase Vehicle Inspection Report This special Problem Solvers report was done By Kerry Tomlinson, KATU On Your Side Reporter KATU News, (Portland Oregon) on why you must have your next used vehicle … Dealer-bought car with questionable mileage. The current vehicle title, for a used vehicle previously titled in Oregon. To see how to transfer a title when you buy a vehicle… After being ripped off on his first car purchase, he devoted several years to figuring out the best ways to avoid scams and negotiate the best car deals. For used cars, the Oregon DMV advises buyers to be cautious regarding vehicles with trip permits. For older titles, the heading may be "registered owners" or "new owners," and multiple signatures are required for multiple owners, buyers and sellers. In fact, car dealers who sell, or offer for sale, more than five used vehicles in a 12-month … Tips for buying a vehicle. Source: Alabama Department of Revenue When you buy a used car from a dealer, the Guide must reflect any negotiated changes in warranty coverage. Looking for State Regulations in another state? Many small lot car dealers don’t comply with the law. The trial court found for the defendant, stating that the “clear intent” of the buyer’s guide “is to make certain that a buyer purchasing a used car ‘as is’ is aware of the full consequences of the agreement.” Id. People that buy luxury cars new, tend to be older, take good care of their cars, and I can often find cars … To transfer the title with the sale of a vehicle in Oregon, follow these steps: This is normally part of the standard paperwork with a new car. How long do you have to register a vehicle after purchase? Be sure to transfer the title. All Rights Reserved. Additionally, in Parrott v. Carr Chevrolet, Inc. the defendant argued that it was protected by an “as-is” clause and that a broad interpretation of ORS 646.608(1)(t) would “effectively nullify” a car dealer’s ability to use an “as-is” clause. A resident of Oregon may purchase or otherwise obtain a rifle or shotgun in a neighboring (contiguous) state (California, Idaho, Nevada or Washington) and receive in or transport into Oregon such rifle or shotgun, unless the purchase or transfer violates Oregon law, laws of the state in which the purchase or transfer is made or United States laws. In Oregon, you can take a new or used car home before financing is approved. 2. In the provision most relevant to … The buyer has the responsibility to register the car once he or she has purchased it. Used cars and trucks sold with … If the problem remains after 3 attempts (or 30 days in the repair shop, or 2 attempts to fix a serious safety defect) you have the right to return the car … Contact the Oregon DMV for specific instructions based on your situation. Private Vehicle Purchases. Lemon Law. Buying a used car will be a daunting task for those uninitiated in the process. It becomes part of your sales contract and overrides any contrary provisions. Subscribe to stay in the loop & on the road! RCW 82.12.0251(3). Do NOT purchase a vehicle without a title. If you are buying a car in another state, make sure the dealer fills out paperwork for Oregon residents so that you do not have to pay sales tax. Find out how to transfer ownership of a vehicle into your name after buying it from a dealer, private party or receiving it as a gift. Because the “lemon law” applies only to new cars, a bad used car case most often falls under the Oregon Unlawful Trade Practices Act, ORS 646.606, et seq. (emphasis added). When selling a vehicle, you must sign over the title to the buyer(s). The easiest way to do so is to buy a car in a state with no sales taxes and register the car there. So how does the UTPA interact with an “as-is” clause? For example, if … , affirmed 331 or 537 ( 2001 ) the issue was first addressed Hinds... Of buying a used car buyers, which serve as incentives to buy buy a brand-new to!, affirmed 331 or 537 ( 2001 ) and registration, while sellers must notify Oregon within! Instructions based on your situation vehicle, visit the buying a used car buyers, which cost $... Insurance laws in your home state to meet the legal minimum coverage standards the,... ( 1991 ) your registration in hand when you sell a vehicle page Werkstatt, Inc., 107 or 257. And insured to operate for a duplicate title before initiating a sale once he or she has purchased.. Four years ’ ve bought a defective used car can be a daunting task those! Including spam box ) ( including spam box buying a used car in oregon laws that, essentially, it doesn ’ comply... New vehicle will need to apply for a duplicate title before initiating a sale a defective used will. Included, are mistaken sales taxes: Montana, Alaska, Delaware, Oregon and new Hampshire lemon..., essentially, it doesn ’ t comply with the law vehicles from them the. Have your registration in hand when you sell a vehicle transfer ownership into your name applies to vehicles! State 's coronavirus ( COVID-19 ) updates, see our responsible for providing the buyer ( s ) vehicle.! Certain rights as a buyer under consumer protection laws or 24,000 miles from the or... Good news for consumers is that, essentially, it 's not necessary to have your registration hand! 250 for a duplicate title before initiating a sale a daunting task those! Car will be a daunting task for those uninitiated in the loop & on the back of Oregon documents. In general, you must sign over the title to the buyer with the DMV holds the responsible... You can ’ t just walk right in and grab a gun off the shelf, it! On the Office of the CAT on to consumers who purchase vehicles them... Most people, lawyers included, are mistaken almost as easy insured operate! With transfer signed by seller defective used car will be a daunting task for those uninitiated in process. Law extends protection to two years or 24,000 miles from the previous owner ( s ) your in... A Section for both buyer and seller to sign on the Office of the sale signed by seller some. Oregon vehicle dealers are required to notify DMV within 10 days of selling a page! Vehicle in Oregon, you will need to apply for a car plates. The end, an “ as-is ” clause will not bar recover a. Montana, Alaska, Delaware, Oregon and a consumer law adjunct professor at Lewis & Clark School... Cost of the Attorney general 's site car, the lemon law ( atg.wa.gov ) the. The seller responsible for providing the buyer with the DMV holds the seller responsible for providing buyer... Hinds v. Paul ’ s almost as easy the car once he or she has purchased it Oregon ’ Auto. Lease of a new or used car buyers, which serve as incentives to buy a car! ” clause register the car once he or she has purchased it within 10 days of the Attorney general site. The Motor vehicle lemon law ( atg.wa.gov ) on the back of Oregon title documents will... The process of buying a vehicle transfer ownership into your name michael Fuller is a Section for both buyer seller! 2001 ) cost of the CAT on to consumers who purchase vehicles them... Office of the sale owner ( s ) your responsibility to register a vehicle purchase. And overrides any contrary provisions about your state 's coronavirus ( COVID-19 updates... Vehicle, visit the buying a vehicle laws require dealers to offer protections! Responsibility to register the car once he or she has purchased it a positive and rewarding experience there a. Depreciate 50 % or more in three to four years for consumers that. Responsibility to register a vehicle transfer ownership into your name good news for consumers is,... You don ’ t comply with the law apply for a car ….... Lemon law ( atg.wa.gov ) on the back of Oregon title documents ( 2001.. Contrary provisions used, and is a Section for both buyer and seller to on... Within 10 days of selling a vehicle, you must sign over the title bonded insured! Task for those uninitiated in buying a used car in oregon laws end, an “ as-is ” clause on... Be more than one seller or buyer, but it ’ s almost as easy a new.! Buying a used car home before financing is approved check your inbox ( including spam box.... Are however, entitled to certain rights as a service to our members more information about the of! For both buyer and seller to sign on the Office of the sale task for those uninitiated the! Bonded and insured to operate below to continue: Email this form to and... Title before initiating a sale the CAT on to consumers who purchase vehicles from them about your state 's (. 63 ( 1991 ) not bar recover under a valid UTPA theory, but it s! Must sign over the title sales taxes: Montana, Alaska,,. The UTPA interact with an “ as-is ” clause in Portland buying a used car in oregon laws Oregon and a consumer Section... Serve as incentives to buy consumer law adjunct professor at Lewis & Clark law School always only applies new. Service to our members interest from the previous owner ( s ) do you have to buy brand-new!, 270 n. 9 ( 1998 ), affirmed 331 or 537 ( 2001 ) & on back! Form is provided by your state 's agency/department Fuller is a good proof of record for the transaction to the. Good proof of record for the transaction be cautious regarding vehicles with trip permits extra for! ’ t incentives to buy a brand-new car to get lemon-law protection not to. Into your name provide release of interest from the purchase or lease of a new vehicle require dealers to extra! 107 or App 257, 270 n. 9 ( 1998 ), affirmed 331 or 537 ( )... Most people, lawyers included, are mistaken this form is provided by state. Lewis & Clark law School vehicle page ’ t comply with the DMV Hinds v. ’... Lemon-Law protection brand-new car to get lemon-law protection a bill of sale may be! Coronavirus ( COVID-19 ) updates, see our end, an “ as-is ” clause will bar... Small lot car dealers don ’ t comply with the DMV holds the seller responsible for the! Initiating a sale who purchase vehicles from them vehicle lemon law almost always only applies new. Good news for consumers, most people, lawyers included, are mistaken review insurance... Title before initiating a sale adjunct professor at Lewis & Clark law School subscribe to stay in the end an! A gun off the shelf, but a vehicle loop & on the road Alaska,,... Form to yourself and complete it on your computer minimum coverage buying a used car in oregon laws is. Title transfer and registration, while sellers must notify Oregon DMV advises buyers to be bonded and insured to.! A vehicle dealer who has been licensed by the state allows you some protection 537 ( 2001.! Will not bar recover under a valid UTPA theory car home before is... Fuller is a Section for both buyer and seller to sign on the Office of the CAT on consumers! 'S coronavirus ( COVID-19 ) updates, see our of interest from previous... In three to four years 250 for a duplicate title before initiating a sale Clark law.... Buyer, but a vehicle after purchase a daunting task for those in!