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Q: What protections do I have if I buy a car that I suspect to be a lemon?

A: A lemon is a car you buy that turns out to have major defects. In other words, a rip-off.

Oregon tries to protect consumers against these bad deals with a “lemon law,” which passed the state Legislature in 1983, according to the Oregon Department of Justice.

This law protects consumers who are buying a brand-new car, as opposed to a used car, giving them the right to receive a new vehicle or refund of the purchase price if the car is deemed substantially impaired.

However, if you bought a used car from a private seller, finding legal protection is more difficult. You would have to go to court over the matter, says DOJ consumer information coordinator Jan Margosian, because the issue would be a “private right of action.”

Buying from an authorized dealership, however, gives you more protection, Margosian says, because they often have warranties and contracts that guarantee the shape the car is in.

Although the lemon law doesn’t apply to used cars (see the definitions below), the dealership can’t lie to you about what condition the car is in.

“That would violate the unlawful trade uses act,” Margosian said, “and you would file a complaint with us.”

She said the department receives thousands of such complaints per year.

If you suspect that you bought a lemon and think you qualify for a refund, the state requires that you meet standards that include:

• The car must have been purchased on or after Jan. 1, 1984.

• The buyer must have purchased the car for personal, family or household purposes during its warranty period.

• The vehicle must be a lemon, which means the manufacturer, its agents or authorized dealers were unable to repair the same defect after at least four attempts or the vehicle has been broken down for at least 30 days. You must notify the manufacturer of the problem, in writing, so they have an opportunity to fix it.

• The serious defect substantially impaired the use and market value of the vehicle within the first 12,000 miles or one year of the car’s life, whichever comes first.

If you meet the state’s requirements, you are entitled to a new vehicle or refund of the full price, including taxes and license and registration fees, but less a “reasonable” allowance for the vehicle’s use. The manufacturer chooses whether you get a new car or a refund.

The law is meant to deal with major defects in the car, according to the DOJ, not problems that are caused by consumer abuse or neglect.

If you are planning to buy a used car, do your research. Pay to have a vehicle history report done on your car, which shows the history of the car’s title and where it has been. It’s also worth your money to have an independent third-party mechanic look at the car.

Online resources also can help you be a better buyer.

Carfax.com shows you:

• If the car has had title problems — if it’s a lemon, has been in a flood or a severe accident, or has odometer problems.

• The car’s ownership history — has it been a rental or fleet car? If so, it will have high mileage.

• The car’s history of accidents and service, including frame damage, if the air bags have been deployed and if the car has been declared a total loss by the insurance company.

When you buy a car, the Oregon Department of Justice suggests you keep copies of all repair bills in case your car ends up a lemon in a couple of months.

— Anna Sowa, The Bulletin

Learn more

For more information on the Oregon “lemon law,” visit www.doj.state.or.us/finfraud/lemonlaw.shtml.

For a car history report, get the car’s vehicle identification number, or VIN, and plug it into www.carfax.com.

To file a claim with the Oregon Department of Justice, call its hot line at 877-877-9392 or file a complaint online at www.doj.state.or.us.