71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3342
 
                         House Bill 3008
 
Sponsored by COMMITTEE ON SMART GROWTH AND COMMERCE (at the
  request of Oregon Independent Automobile Dealers Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Creates implied warranty by seller of motor vehicle.
Establishes cause of action for damages arising out of breach of
warranty.
 
                        A BILL FOR AN ACT
Relating to warranties.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A seller of a motor vehicle makes an
implied warranty that, except as otherwise provided in a written
disclosure made at the time of sale:
  (a) The certificate of title for the vehicle does not, and is
not required to, contain a notation that the vehicle is
reconstructed or has been damaged or totaled;
  (b) The mileage displayed on the odometer of the vehicle is
true and correct;
  (c) The vehicle has not been replaced or returned under the
laws of any state that are substantially equivalent to ORS
646.335; and
  (d) No required emissions or safety equipment has been removed
from the vehicle or disabled.
  (2) A notation on the certificate of title is prima facie
evidence of a breach of the implied warranty created by this
section. A person damaged by a breach of the warranty created by
this section may recover actual damages, including expenses
incurred in defending against breach of warranty claims by
subsequent purchasers of the vehicle, costs and attorney
fees. + }
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