Washington Lemon Law Guide: Your Rights Under Washington Lemon Law

What Is the Washington Lemon Law?

The Washington Lemon Law, officially known as the Motor Vehicle Warranties Act and codified under Washington Revised Code (RCW) § 19.118, is a consumer protection statute designed to assist buyers and lessees of defective new motor vehicles. When a vehicle suffers from substantial continuing problems with warranty repairs, this law provides a legal pathway for consumers to seek a replacement vehicle or a repurchase (refund) from the manufacturer. The primary goal of the Song-Beverly Act equivalent in Washington is to ensure that manufacturers stand behind their written warranties and provide reliable transportation to consumers.

The Washington State Attorney General's Office plays a significant role in enforcing and administering the Lemon Law. They operate the Lemon Law Administration, which oversees the state-run arbitration program and provides valuable resources to educate consumers about their rights. By establishing clear guidelines for what constitutes a "reasonable number of attempts" to repair a vehicle, the law protects consumers from being stuck with an unreliable and potentially unsafe vehicle, often referred to as a "lemon."

Which Vehicles Qualify Under the Motor Vehicle Warranties Act?

The Washington Lemon Law primarily covers new motor vehicles that are originally purchased or leased at retail in Washington state and are originally registered in the state. This includes passenger cars, small and mid-sized trucks, and most classes of new motor vehicles, including "demonstrators." There is also a specific provision for members of the armed forces stationed or residing in Washington; a new vehicle brought from another state is covered if it was purchased or leased with a manufacturer's written warranty within the last 30 months.

While the law is focused on new vehicles, later owners may also be eligible to request arbitration if the vehicle was purchased within two years of delivery to the original retail consumer and within the first 24,000 miles of operation. However, the request for arbitration must be made within 30 months of the original retail delivery date. The law does not generally cover used vehicles purchased outside of these parameters.

Certain vehicles are explicitly excluded from coverage under the Washington Lemon Law. These include motorcycles with engine displacements of less than 750 cubic centimeters, trucks with a gross weight rating over 19,000 pounds, portions of a motor home used as a dwelling, office, or commercial space, and vehicles purchased or leased by a business as part of a fleet of 10 or more.

What Qualifies as a "Lemon" in Washington?

To qualify as a lemon in Washington, a vehicle must have one or more significant defects that have been subject to a "reasonable number of attempts" to diagnose or repair under the manufacturer's warranty. The defect must "substantially impair" the use, value, or safety of the motor vehicle, making it unreliable, unsafe for ordinary use, or diminished in resale value compared to equivalent vehicles. The law categorizes defects into "nonconformities" and "serious safety defects," each with its own threshold for repair attempts.

For a nonconformity—a defect that substantially impairs the vehicle's use, value, or safety—the presumption is met if the defect has been subject to diagnosis or repair four or more times, with at least one attempt occurring during the warranty period, and the defect continues to exist.

For a serious safety defect—a life-threatening malfunction that impairs the driver's ability to control the vehicle or creates a risk of fire or explosion—the threshold is lower. The presumption is met if the defect has been subject to diagnosis or repair two or more times, with at least one attempt during the warranty period, and the defect continues to exist. Additionally, if a vehicle has two or more different serious safety defects that occur within a 12-month period during the first two years and 24,000 miles, it may also qualify.

Furthermore, a vehicle may qualify as a lemon based on the "days out of service" standard. If the vehicle has been out of service for diagnosis or repair of one or more nonconformities or serious safety defects for a cumulative total of 30 or more calendar days, it meets the threshold. At least 15 of those days must have occurred during the period of the manufacturer's written warranty.

The Washington Lemon Law Claims Process

The claims process under the Washington Lemon Law requires consumers to take specific steps to enforce their rights. The first crucial step is to send a written request to the manufacturer asking for the repurchase or replacement of the vehicle. This letter should include the vehicle's make, model, year, Vehicle Identification Number (VIN), an explanation of the problems, and the names and dates of the dealerships where repair attempts were made. It is highly recommended to send this letter by certified mail with a return receipt requested to verify delivery.

Once the manufacturer receives the written request, they generally have 40 days to respond or reach a resolution with the consumer. If the manufacturer fails to respond or if the response is unsatisfactory, the consumer can submit a Request for Arbitration form to the Lemon Law Administration in the Attorney General's Office. This request must be received within 30 months of the vehicle's original retail delivery date.

Documentation is critical throughout this process. Consumers must maintain copies of their purchase or lease agreement, title and registration documents, and all repair orders. Each time the vehicle is taken in for warranty service, the consumer has the right to receive a fully itemized and legible repair order that identifies the problem, diagnosis, work done, mileage, and dates the vehicle was in the shop.

Washington offers a state-run arbitration program through the Attorney General's Office, which is free of charge for consumers. At the arbitration hearing, an independent arbitrator will review the evidence and decide whether the consumer's claim meets the requirements of the Lemon Law.

Remedies and Compensation Under Washington Law

If a consumer successfully proves their claim under the Washington Lemon Law, the manufacturer is required to either replace or repurchase the defective vehicle. The choice between a replacement or a repurchase is generally up to the consumer.

If the consumer chooses a replacement, the manufacturer must provide a new motor vehicle that is identical or reasonably equivalent to the vehicle being replaced. The manufacturer must also pay for any incidental costs associated with the replacement, such as sales tax, license, registration, and title fees.

If the consumer opts for a repurchase (refund), the manufacturer must refund the purchase price of the vehicle, including any trade-in allowance, transportation charges, and dealer preparation charges. The refund will also include collateral charges such as sales tax, license, registration, and title fees, as well as finance charges incurred after the first report of the defect.

However, the manufacturer is entitled to deduct a "reasonable offset for use" based on the number of miles the consumer drove the vehicle before the first report of the defect that led to the lemon law claim. The formula for calculating this offset is specific and is based on the purchase price and the mileage at the time of the first repair attempt.

In addition to the vehicle's cost, consumers may also be entitled to recover incidental damages, such as towing charges, rental car costs, and hotel accommodations if the vehicle broke down away from home. The Washington Lemon Law also includes provisions for attorney's fees. If a consumer prevails in court after an arbitration decision, or if the manufacturer appeals an arbitration decision and loses, the court may award reasonable attorney's fees and costs to the consumer. In cases where the manufacturer's violation is found to be willful, civil penalties may also be assessed.

When to Hire a Washington Lemon Law Attorney

While the Washington state-run arbitration program is designed to be accessible to consumers without legal representation, hiring a Washington lemon law attorney can be highly beneficial, especially in complex cases. Manufacturers have extensive legal teams and resources dedicated to defending against lemon law claims, and having an experienced attorney levels the playing field.

Consumers should consider hiring an attorney if their claim involves multiple complex defects, if the manufacturer is resisting the claim or denying that the defects substantially impair the vehicle, or if the consumer is uncomfortable navigating the legal and arbitration processes on their own. An attorney can help gather the necessary documentation, draft the required written notices, and present a compelling case at arbitration or in court.

Most lemon law attorneys work on a contingency fee basis or utilize the fee-shifting provisions of the Lemon Law and the federal Magnuson-Moss Warranty Act. This means that the attorney's fees are typically paid by the manufacturer if the consumer wins the case, and the consumer does not have to pay out-of-pocket for legal representation. When looking for an attorney, consumers should seek out practitioners who specialize in consumer protection and have a proven track record of success in handling Washington lemon law claims.

Frequently Asked Questions About Washington Lemon Law

Does the Washington Lemon Law apply to used cars?

Generally, the Washington Lemon Law applies to new motor vehicles. However, a subsequent owner of a vehicle may be eligible if the vehicle was purchased within two years of its original retail delivery and within the first 24,000 miles of operation, provided the request for arbitration is made within 30 months of the original delivery date. Standard used cars purchased outside these limits are not covered.

How long do I have to file a Lemon Law claim in Washington?

You must submit a Request for Arbitration to the Lemon Law Administration within 30 months of the vehicle's original retail delivery date. It is crucial to act promptly and keep detailed records of all repair attempts to ensure your claim is filed within this timeframe.

What if my vehicle is out of service for an extended period?

If your vehicle has been out of service for diagnosis or repair of one or more nonconformities or serious safety defects for a cumulative total of 30 or more calendar days, it may qualify as a lemon. At least 15 of those days must have occurred during the period of the manufacturer's written warranty.

Can I stop making my car payments while my Lemon Law claim is pending?

No. The Washington Lemon Law does not allow a consumer to stop making loan or lease payments while pursuing a Lemon Law claim. Stopping payments could result in the repossession of your vehicle and negatively impact your credit score.

Are leased vehicles covered under the Washington Lemon Law?

Yes, leased vehicles are covered under the Washington Lemon Law, provided they meet the other eligibility requirements, such as being originally leased at retail in Washington and suffering from substantial defects that have not been repaired after a reasonable number of attempts.