Motor vehicle sales

WARM SPRINGS TRIBAL CODE
CHAPTER 742
MOTOR VEHICLE SALES

Table of Contents

742.001 Legislative History
742.005 Jurisdiction
742.010 Scope
742.020 Definitions
742.030 Enforcement of Express Warranties on New Vehicle Sales
742.040 Availability of Remedy
742.050 Presumption of Reasonable Attempt to Conform
742.060 Additional Damages if Manufacturer Does Not Act in Good Faith
742.070 Limitations on Actions Against Dealers
742.080 Statute of Limitation
742.090 Other Remedies Not Affected.

WARM SPRINGS TRIBAL CODE
CHAPTER 742
NEW MOTOR VEHICLE SALES

742.001 Legislative History.

This Chapter is adopted as part of a larger effort by the Confederated Tribes of the Warm Springs Reservation to establish a Warm Springs Commercial Code for the purpose of supporting and encouraging economic development activities on the Reservation, promoting the development of tribal member-owned businesses, and facilitating tribal member access to essential services such as housing and banking. The purpose of this Chapter is to provide added protection and a legal remedy to purchasers of new motor vehicles that have extensive mechanical defects.

742.005 Jurisdiction. The Warm Springs Tribal Court has jurisdiction over cases arising under this Chapter. The Warm Springs Tribal Court shall have jurisdiction over any Motor Vehicle manufacturer who sales or delivers a Motor Vehicle on the Reservation. The Warm Springs Tribal Court shall also have jurisdiction over the authorized agents and authorized dealers of any such Motor Vehicle manufacturer.

742.10 Scope. The provisions of this Chapter apply to any new motor vehicle sold on the Warm Springs Reservation of Oregon (“Reservation”). A motor vehicle is sold on the Reservation if: (a) the contract, agreement or other writing evidencing the sale or financing of the motor vehicle is negotiated, entered or signed by one of the parties on the Reservation; or(b) the motor vehicle is delivered by an authorized dealer or its agent to the consumer on the Reservation.

742.20 Definitions. As used in this Chapter:

1. “Consumer” means: (a) The purchaser or lessee, other than for purposes of resale, of a new motor vehicle used primarily 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.
2. “Motor vehicle” means a new passenger motor vehicle, and includes motorcycles.

742.30 Enforcement of Express Warranties on New Vehicle Sales.

1. If the manufacturer or its agents or authorized dealers are unable to conform the motor vehicle to any applicable manufacturer’s express warranty by repairing or correcting any defect or condition that substantially impairs the use, market value or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall, at the election of the consumer: (a) Replace the motor vehicle with a new motor vehicle; or (b) Accept return of the vehicle from the consumer and refund to the consumer the full purchase or lease price paid, including taxes, license and registration fees and any similar collateral charges excluding interest, less a reasonable allowance for the consumer’s use of the vehicle.
2. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer prior to the first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.
3. If the manufacturer fails or refuses to comply with the requirement of subsection (1) of this section after reasonable notice of its obligation under this Chapter, the consumer may bring an action in tribal court to compel the manufacturer to comply.
4. It shall be an affirmative defense to any claim or action under this Chapter: (a) That an alleged nonconformity does not substantially impair such use, market value or safety; or (b) That a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle by the consumer.

742.40 Availability of Remedy. The remedy provided under this Chapter is available to a consumer if:

1. A new motor vehicle does not conform to applicable manufacturer’s express warranties;
2. The consumer reports each nonconformity to the manufacturer, its agent or its authorized dealer, for the purpose of repair or correction, during the period of one year following the date of original delivery of the motor vehicle to the consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 20,000 miles, whichever period ends earlier; and
3. The manufacturer has received direct written notification from or on behalf of the consumer and has had an opportunity to correct the alleged defect.

742.50 Presumption of Reasonable Attempt to Conform

1. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable manufacturer’s express warranties if, during the period of one year following the date of original delivery of the motor vehicle to a consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 20,000 miles, whichever period ends earlier: (a) The same nonconformity has been subject to repair or correction four or more times by the manufacturer or its agent or authorized dealer, but such nonconformity continues to exist; or (b) The vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more business days.
2. A repair or correction for purposes of subsection (1) of this section includes a repair that must take place after the expiration of the earlier of either period.
3. The period ending on the date on which the mileage on the motor vehicle reaches 20,000 miles, the one-year period and the 30-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster.
4. In no event shall the presumption described in subsection (1) of this section apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to cure the defect alleged.

742.060 Additional Damages if Manufacturer Does Not Act in Good Faith. If a consumer brings an action in court under this Chapter against a manufacturer and the court awards the consumer one of the remedies provided by this Chapter, the court may also award the consumer up to three times the amount of any damages, not to exceed $50,000 over and above the amount due the consumer under this Chapter, if the court finds that the manufacturer did not act in good faith.

742.70 Limitations on Actions Against Dealers.

Nothing in this Chapter creates a cause of action by a consumer against a vehicle dealer.

A manufacturer may not join a vehicle dealer as a party in any proceeding brought under this Chapter, nor may the manufacturer try to collect from a vehicle dealer any damages assessed against the manufacturer in a proceeding brought under this Chapter.

742.80 Statute of Limitation. Any action brought under this Chapter shall be commenced within one year following whichever period ends earlier:

1. The period ending on the date on which the mileage on the motor vehicle reaches 12,000 miles; or
2. The period of one year following the date of the original delivery of the motor vehicle to the consumer.

742.090 Other Remedies Not Affected. Nothing in this Chapter is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law.