The Lemon Law in Washington
Which vehicles Washington's lemon law covers, how many repair attempts it takes, the remedy, and the rules for used cars.
Short answer: Washington's Motor Vehicle Warranties Act covers new self-propelled vehicles, including motorcycles, originally bought or leased at retail from a Washington dealer or leasing company (fleet purchases are excluded; RCW 19.118.021, 19.118.031, 19.118.041
| New car lemon law | Washington's Motor Vehicle Warranties Act covers new self-propelled vehicles, including motorcycles, originally bought or leased at retail from a Washington dealer or leasing company (fleet purchases are excluded; motor homes have special rules). The eligibility period is two years from delivery or the first 24,000 miles, whichever comes first. If the manufacturer cannot fix a defect, serious safety defect or condition that substantially impairs use, value or safety after a reasonable number of attempts, it must, at the consumer's option, replace or repurchase the vehicle within 40 calendar days of the consumer's written request; a repurchase refunds the purchase price, collateral charges and incidental costs, minus a use offset. A reasonable number of attempts is presumed within the eligibility period if: the same serious safety defect was diagnosed or repaired two or more times; the same nonconformity four or more times; the vehicle was out of service 30 calendar days (at least 15 during the warranty); or two or more different serious safety defects were each subject to repair within 12 months (with at least one attempt for each during the warranty). Disputes can go to a state new motor vehicle arbitration board through the Attorney General; the consumer may accept or reject the decision and appeal to superior court. |
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| How to file a lemon law claim | 1) Report the problem to the manufacturer, its agent or the selling dealer during the eligibility period (two years or 24,000 miles from original delivery, whichever comes first) or the manufacturer's warranty period, whichever is shorter. Keep the itemized repair orders the dealer must provide. 2) Written request: after a reasonable number of repair attempts, the consumer sends a written request for repurchase or replacement to the manufacturer's corporate, dispute resolution, zone or regional office; the manufacturer has 40 calendar days to replace or repurchase the vehicle. (Motor home owners have a separate notice and final-repair-attempt requirement.) 3) Arbitration (required before suing): the consumer must use either the state's new motor vehicle arbitration board or, if offered, the manufacturer's qualifying informal dispute program before filing in superior court. To use the state program, the consumer submits a request for arbitration to the Attorney General, which reviews it within 10 days and assigns accepted disputes to an independent arbitration board. The hearing is held within 45 days of assignment and the decision is due within 60 days. Manufacturers must take part if the request is made within 30 months after original delivery. The statute charges no fee at filing; instead, a $3 arbitration fee is collected from buyers when a new vehicle is sold or leased. 4) After the decision: the consumer has 60 days to accept or reject it. A consumer who rejects it may appeal to superior court for a new trial within 120 calendar days of the rejection. If the board rules for the consumer, it must also award reasonable costs and attorney fees when the manufacturer was represented by counsel (RCW 19.118.090(6)(b)). |
Where to get help in Washington
More Washington consumer protection
- Your Right to Cancel a Purchase in Washington
- Contractors and Repair Shops in Washington
- Filing a Consumer Complaint in Washington
- All Washington consumer protection rules
FAQ
How does the lemon law work in Washington?
Washington's Motor Vehicle Warranties Act covers new self-propelled vehicles, including motorcycles, originally bought or leased at retail from a Washington dealer or leasing company (fleet purchases are excluded; motor homes have special rules). The eligibility period is two years from delivery or the first 24,000 miles, whichever comes first. If the manufacturer cannot fix a defect, serious safety defect or condition that substantially impairs use, value or safety after a reasonable number of attempts, it must, at the consumer's option, replace or repurchase the vehicle within 40 calendar days of the consumer's written request; a repurchase refunds the purchase price, collateral charges and incidental costs, minus a use offset. A reasonable number of attempts is presumed within the eligibility period if: the same serious safety defect was diagnosed or repaired two or more times; the same nonconformity four or more times; the vehicle was out of service 30 calendar days (at least 15 during the warranty); or two or more different serious safety defects were each subject to repair within 12 months (with at least one attempt for each during the warranty). Disputes can go to a state new motor vehicle arbitration board through the Attorney General; the consumer may accept or reject the decision and appeal to superior court.
How do you file a lemon law claim in Washington?
1) Report the problem to the manufacturer, its agent or the selling dealer during the eligibility period (two years or 24,000 miles from original delivery, whichever comes first) or the manufacturer's warranty period, whichever is shorter. Keep the itemized repair orders the dealer must provide. 2) Written request: after a reasonable number of repair attempts, the consumer sends a written request for repurchase or replacement to the manufacturer's corporate, dispute resolution, zone or regional office; the manufacturer has 40 calendar days to replace or repurchase the vehicle. (Motor home owners have a separate notice and final-repair-attempt requirement.) 3) Arbitration (required before suing): the consumer must use either the state's new motor vehicle arbitration board or, if offered, the manufacturer's qualifying informal dispute program before filing in superior court. To use the state program, the consumer submits a request for arbitration to the Attorney General, which reviews it within 10 days and assigns accepted disputes to an independent arbitration board. The hearing is held within 45 days of assignment and the decision is due within 60 days. Manufacturers must take part if the request is made within 30 months after original delivery. The statute charges no fee at filing; instead, a $3 arbitration fee is collected from buyers when a new vehicle is sold or leased. 4) After the decision: the consumer has 60 days to accept or reject it. A consumer who rejects it may appeal to superior court for a new trial within 120 calendar days of the rejection.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.