S T A T E S
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STANDARDS OF THE WASHINGTON LEMON LAW
The following is an brief explanation of most relevant provisions of the Washington lemon law. The complete text of the lemon law can be found at Rev. Code of Washington §§ 19.118.005 et seq.
VEHICLES COVERED BY THE WASHINGTON LEMON LAW
The Washington lemon law covers a new motor vehicle that:
- Is primarily designed for the transportation of persons or property over the public highways;
- Was originally purchased or leased at retail from a new motor vehicle dealer or leasing company in Washington; and
- Was initially registered or temporarily licensed in Washington.
New motor vehicle includes motorcycles, trucks with a gross vehicle weight rating of less than 19,000 pounds, the self-propelled vehicle and chassis of motor homes, and demonstrators or lease-purchase vehicles sold with a manufacturer‘s warranty. The lemon law does not cover new motor vehicles purchased or leased by a business as part of a fleet of ten or more vehicles at one time or under a single purchase or lease agreement.
CONSUMERS COVERED BY THE WASHINGTON LEMON LAW
The Washington lemon law covers the —consumer“, defined as any person who, during the duration of the warranty period (defined below), has entered into an agreement or contract for the transfer, lease or purchase of a new motor vehicle, other than for purposes of resale or sublease. The lemon law also covers the —subsequent transferee“, defined as a consumer who, within the warranty period, acquires a motor vehicle with an applicable manufacturer‘s written warranty and where the vehicle otherwise met the definition of a new motor vehicle at the time of original retail sale or lease.
WARRANTY PERIOD
The Washington lemon law defines —warranty period“ as two years after the date of original delivery to the consumer of a new motor vehicle or the first 24,000 miles of operation, whichever occurs first.
PROBLEMS COVERED BY THE WASHINGTON LEMON LAW
The Washington lemon law covers any —nonconformity“, defined as a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of the new motor vehicle. This does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.
A —serious safety defect“ is defined as a life-threatening malfunction or nonconformity
that impedes the consumer‘s ability to control or operate the new motor vehicle for
ordinary use or reasonable intended purposes or creates a risk of fire or explosion.
A —condition“ is defined as a general problem that results from a defect or malfunction
of one or more parts, or their improper installation by the manufacturer, its agents, or
the new motor vehicle dealer.
—Substantially impair“ means to render the new motor vehicle unreliable, or unsafe for
ordinary use, or to diminish the resale value of the new motor vehicle below the average
resale value for comparable vehicles.
MANUFACTURER‘S DUTY TO REPAIR
If the new motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent or the new motor vehicle dealer that sold the new motor vehicle, during either the warranty period or the coverage period of the applicable manufacturer‘s written warranty, whichever is less, then the manufacturer, its agent or dealer must make the necessary repairs to conform the new motor vehicle to the warranty, regardless of whether such repairs are made after the expiration of the warranty period.
The manufacturer‘s written warranty must be at least one year after original delivery to the consumer or the first 12,000 miles of operation, whichever comes first.
MANUFACTURER‘S DUTY TO REPURCHASE OR REPLACE A VEHICLE
If the manufacturer, its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, then the manufacturer must, at the option of the consumer, replace or repurchase the new motor vehicle.
REASONABLE NUMBER OF REPAIR ATTEMPTS œ VEHICLES OTHER THAN MOTOR HOMES
A reasonable number of attempts for vehicles other than motor homes acquired after June 30, 1998, is be deemed to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer if, during the warranty period, any of the following occurs:
- The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the coverage period of the applicable manufacturer‘s written warranty, and the serious safety defect continues to exist;
- The same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the coverage period of the applicable manufacturer‘s written warranty, and the nonconformity continues to exist; or
- The new motor vehicle is out-of-service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of 30 calendar days, at least 15 of them during the period of the applicable manufacturer‘s written warranty.
The manufacturer‘s written warranty must be at least one year after original delivery to the consumer or the first 12,000 miles of operation, whichever comes first. The warranty period and the 30-day out of service period are extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood or other natural disaster.
REASONABLE NUMBER OF REPAIR ATTEMPTS œ MOTOR HOMES
A reasonable number of attempts for motor homes acquired after June 30, 1998, is deemed to have been undertaken by the motor home manufacturers, their respective agents, or respective new motor vehicle dealers if, during the warranty period, any of the following occurs:
- The same serious safety defect has been subject to diagnosis or repair one or more times during the period of coverage of the applicable motor home manufacturer‘s written warranty, plus a final repair attempt as described below, and the serious safety defect continues to exist.
- The same nonconformity has been subject to repair three or more times, at least one of which is during the period of coverage of the applicable motor home manufacturer‘s written warranty, plus a final repair attempt as described below and the nonconformity continues to exist.
- The motor home is out-of-service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of 60 calendar days, aggregating all motor home manufacturer days out of service, and the motor home manufacturers have had at least one opportunity to coordinate and complete and inspection and any repairs of the vehicle‘s nonconformities after receipt of notification from the consumer as described below.
The manufacturer‘s written warranty must be at least one year after original delivery to the consumer or the first 12,000 miles of operation, whichever comes first. The warranty period and the 60-day out of service period are extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood or other natural disaster.
NOTICE AND OPPORTUNITY TO REPAIR
The consumer must send a written request for replacement or repurchase to the manufacturer‘s corporate, dispute resolution, zone, or regional office.
For motor homes acquired after June 30, 1998:
1. After one attempt to repair a serious safety defect, or after three attempts to repair the same nonconformity, the consumer must give written notification of the need to repair the nonconformity to each of the motor home manufacturers at their respective corporate, zone or regional office addresses to allow the manufacturers to coordinate and complete a final attempt to cure the nonconformity. Upon receipt of this notice, each of the manufacturers has 15 days to respond and inform the consumer of the location of the facility where the vehicle will be repaired. (If a serious safety defect makes the vehicle unsafe to drive, or to the extent the repair facility is more than 100 miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the facility.) After the consumer delivers the motor home to the designated repair facility, the manufacturers have a cumulative total of 30 days to conform the vehicle to the applicable motor home manufacturer‘s written warranty. This 30-day period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform repairs within the prescribed time period, that manufacturer is not entitled to a final attempt to cure the nonconformity.
2. If the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers for a cumulative total of 30 or more days, aggregating all motor home manufacturer days out of service, the consumer must notify each motor home manufacturer in writing at their respective corporate, zone, or regional office addresses to allow the manufacturers, agents or dealers an opportunity to coordinate and complete an inspection and any repairs. Upon receipt of this notice, the manufacturers have 15 days to respond and inform the consumer of the location of the facility where the vehicle will be repaired. (If a serious safety defect makes the vehicle unsafe to drive, or to the extent the repair facility is more than 100 miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the facility.) After the consumer delivers the motor home to the designated repair facility, the manufacturers must complete inspection and repairs either within 10 days or before the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for 60 days, whichever time period is longer. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform repairs within the prescribed time period, that manufacturer is not entitled to at least one opportunity to inspect and repair the vehicle‘s nonconformities after receipt of notification from the consumer.
DISPUTE RESOLUTION
The Washington Attorney General must establish a new motor vehicle arbitration board to settle lemon law disputes between consumers and manufacturers. If a manufacturer has established an informal dispute resolution settlement procedure that complies with 16 C.F.R. Part 703, the consumer may choose to first submit a dispute to that procedure.
Before filing an action in court, the consumer must first exhaust the remedy afforded by the Attorney General‘s new motor vehicle arbitration board or the manufacturer‘s informal dispute settlement procedure.
TIME PERIOD FOR FILING CLAIMS
A claim must be filed within 30 months from the date of the new motor vehicle‘s original delivery to a consumer at retail. If the claim involves a motor home, the 30-month period is extended by the amount of time it takes the motor home manufacturers to complete the final repair attempt at the designated repair facility.
REMEDIES UNDER THE WASHINGTON LEMON LAW
REPURCHASE OF AN OWNED VEHICLE
The Washington lemon law provides that the manufacturer must pay the following amounts when it repurchases an owned vehicle:
- Purchase Price. This is the cash price of the motor vehicle appearing in the sales agreement or contract, including any allowance for a trade-in-vehicle. Purchase price excludes any manufacturer-to-consumer rebate appearing in the agreement or contract that the consumer received or that was applied to reduce the purchase cost. Where the consumer is a subsequent transferee, —purchase price“ means the consumer‘s subsequent purchase price;
- Collateral Charges. These are any sales related charges including but not limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment penalties, credit disability and credit life insurance costs not otherwise refundable, any other insurance costs prorated for time out of service, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rustproofing, or factory or dealer installed options; and
- Incidental Costs. These are reasonable expenses incurred by the consumer in connection with the repair of the motor vehicle, including any towing charges and the costs of obtaining alternative transportation;
- Less a reasonable offset for use.
The reasonable offset for use is computed by the following formula:
number of miles traveled directly attributable to use by the consumer X purchase price
120,000
Where the consumer is a second or subsequent purchaser or transferee of the motor vehicle, —the number of miles that the vehicle traveled“ shall be calculated from the date of purchase by that consumer, and —purchase price“ means the consumer‘s subsequent purchase price.
If the new motor vehicle is a motorcycle, the denominator is 25,000.
If the new motor vehicle is a motor home, the denominator is 90,000. If the wear and tear on those portions of a motor home designated, used or maintained primarily as a mobile dwelling, office, or commercial space are significantly greater or significantly less than that which could be reasonably expected based on the mileage attributable to the consumer‘s use of the motor home, the reasonable offset for use calculation total may be increased or decreased up to a maximum of one-third of the offset total.
REPURCHASE OF A LEASED VEHICLE
The Washington lemon law provides that the manufacturer must pay the following amounts when it repurchases a leased vehicle:
To the Lessor
Pay-off amount. The manufacturer shall make such payment to the lessor as necessary to obtain clear title to the motor vehicle. The pay-off amount does not include any late payment charges, which are the responsibility of the consumer.
To the Lessee
- Lease Payments. This means all payments made by the consumer under the lease, including but not limited to all lease payments, trade-in value or inception payment, and security deposit;
- Collateral Charges. These are any sales related charges including but not limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment penalties, credit disability and credit life insurance costs not otherwise refundable, any other insurance costs prorated for time out of service, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rustproofing, or factory or dealer installed options; and
- Incidental Costs. These are reasonable expenses incurred by the consumer in connection with the repair of the motor vehicle, including any towing charges and the costs of obtaining alternative transportation;
- Less a reasonable offset for use.
The reasonable offset for use is computed by the following formula:
number of miles traveled directly attributable to use by the consumer X purchase price
120,000
Where the consumer is a second or subsequent lessee of the motor vehicle, —the number of miles that the vehicle traveled“ shall be calculated from the date of lease by that consumer, and —purchase price“ means the consumer‘s subsequent purchase price.
The —purchase price“ for a leased vehicle means the actual written capitalized cost
disclosed to the consumer as contained in the lease agreement. If there is no disclosed
capitalized cost in the lease agreement, the —purchase price“ is the manufacturer‘s
suggested retail price including manufacturer-installed accessories or items of optional
equipment displayed on the manufacturer label. Purchase price excludes any
manufacturer-to-consumer rebate appearing in the agreement or contract that the
consumer received or that was applied to reduce the purchase cost.
If the new motor vehicle is a motorcycle, the denominator is 25,000.
If the new motor vehicle is a motor home, the denominator is 90,000. If the wear and tear on those portions of a motor home designated, used or maintained primarily as a mobile dwelling, office, or commercial space are significantly greater or significantly less than that which could be reasonably expected based on the mileage attributable to the consumer‘s use of the motor home, the reasonable offset for use calculation total may be increased or decreased up to a maximum of one-third of the offset total.
REPLACEMENT
The Washington lemon law provides that a replacement motor vehicle must be identical or reasonably equivalent to the vehicle being replaced as the vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options.
The manufacturer is responsible for sales tax, license and registration fees for the replacement vehicle. The manufacturer must also refund any incidental costs, as defined above.
If the consumer accepts a replacement motor vehicle, the consumer must compensate the manufacturer for a reasonable offset for use. The reasonable offset for use is computed by the following formula:
number of miles traveled directly attributable to use by the consumer X purchase price
120,000
Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle, —the number of miles that the vehicle traveled“ shall be calculated from the original purchase, lease, or in-service date, and —purchase price“ means the original purchase price.
If the new motor vehicle is a motorcycle, the denominator is 25,000.
If the new motor vehicle is a motor home, the denominator is 90,000. If the wear and tear on those portions of a motor home designated, used or maintained primarily as a mobile dwelling, office, or commercial space are significantly greater or significantly less than that which could be reasonably expected based on the mileage attributable to the consumer‘s use of the motor home, the reasonable offset for use calculation total may be increased or decreased up to a maximum of one-third of the offset total.
This information is not intended as legal advice. Please direct specific questions to your legal counsel.
WASHINGTON LEMON LAW SUMMARY
| EXECUTIVE SUMMARY |
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| TIME PERIOD FOR FILING CLAIMS |
30 months from original delivery to a consumer. If a motor home, the 30-month period is extended by the time it takes the motor home |
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manufacturers to complete the final repair attempt at the designated repair facility. |
| ELIGIBLE VEHICLE |
New self-propelled vehicle that (1) is primarily designed for the transportation of persons or property over the public highways; (2) was originally purchased or leased at retail from a new motor vehicle dealer or leasing company in Washington; and (3) was initially registered or temporarily licensed in Washington. |
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Includes motorcycles, trucks with a gross vehicle weight rating of less than 19,000 pounds, the self-propelled vehicle and chassis of motor homes, and demonstrators or lease-purchase vehicles sold with a manufacturer‘s warranty. |
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Excludes motor vehicles purchased or leased by a business as part of a fleet of ten or more vehicles at one time or under a single purchase or lease agreement. |
| ELIGIBLE CONSUMER |
Any person who, during the duration of the warranty period (earlier of two years following original delivery to a consumer, or the first 24,000 miles of operation), has entered into an agreement or contract for the transfer, lease or purchase of a new motor vehicle, other than for purposes of resale or sublease. |
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Also covers the subsequent transferee. |
| TIME PERIOD FOR FIRST |
Warranty period (earlier of two years following original delivery to a |
| OCCURRENCE OR NOTICE |
consumer, or the first 24,000 miles of operation). |
| TIME PERIOD FOR REASONABLE |
Not specified. |
| NUMBER OF ATTEMPTS TO REPAIR |
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| PRESUMPTION OR DEFINITION |
Definition: during the warranty period, (1) two or more diagnoses or repair attempts to serious safety defect, at least once during the warranty; (2) four or more diagnoses or repair attempts, at least once during the warranty; or (3) out-of-service for 30 calendar days, at least 15 days during the warranty. Variations for motor homes. |
| NOTICE TO MANUFACTURER |
Written request for replacement or repurchase. Additional requirements |
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for motor homes. |
| FINAL OPPORTUNITY TO REPAIR |
For motor homes only. |
| REASONABLE ALLOWANCE |
Refund and replacement: miles by consumer divided by 120,000, |
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multiplied by purchase price. Variations for leased vehicles, used |
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vehicles, motorcycles and motor homes. |
| DISPUTE RESOLUTION |
Before bringing action, consumer must first use manufacturer‘s informal |
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dispute settlement procedure or Attorney General‘s arbitration board. |
| DISCLOSURE TO SUBSEQUENT |
Yes. |
| PURCHASER |
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| TITLE BRANDING |
Yes. |
WASHINGTON LEMON LAW SUMMARY |
| 1. Citation |
Rev. Code of Washington §§ 19.118.005 through 19.118.904; and Washington Admin. Code §§ 44-10-010 through 44-10-310. |
| 2. Motor vehicle covered |
—New motor vehicle“ means any new self-propelled vehicle that: (1) Is primarily designed for the transportation of persons or property over the public highways; (2) Was originally purchased or leased at retail from a new motor vehicle dealer or leasing company in Washington; and (3) Was initially registered or temporarily licensed in Washington. New motor vehicle includes motorcycles, trucks with a gross vehicle weight rating of less than 19,000 pounds, the self-propelled vehicle and chassis of motor homes, and demonstrators or lease-purchase vehicles sold with a manufacturer‘s warranty. Does not cover new motor vehicles purchased or leased by a business as part of a fleet of ten or more vehicles at one time or under a single purchase or lease agreement. |
| 3. Consumer covered |
—Consumer“ defined as any person who, during the duration of the warranty period (defined below), has entered into an agreement or contract for the transfer, lease or purchase of a new motor vehicle, other than for purposes of resale or sublease. Also covers the —subsequent transferee“, defined as a consumer who, within the warranty period, acquires a motor vehicle with an applicable manufacturer‘s written warranty and where the vehicle otherwise met the definition of a new motor vehicle at the time of original retail sale or lease. |
| 4. Nonconformity defined |
A defect, serious safety defect, or condition that substantially impairs the use, value, or safety of the new motor vehicle, but not including a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle. A —serious safety defect“ is defined as a life-threatening malfunction or nonconformity that impedes the consumer‘s ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. A —condition“ is defined as a general problem that results from a defect or malfunction of one or more parts, or their improper installation by the manufacturer, its agents, or the new motor vehicle dealer. —Substantially impair“ means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle below the average resale value for comparable vehicles. |
| 5. Warranty defined |
Any implied warranty, any written warranty of the manufacturer, or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle, that becomes part of the basis of the bargain. —Warranty“ pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a new motor vehicle for ordinary use or reasonably intended purposes throughout the duration of the —warranty period“. |
| 6. Lemon law rights period |
—Warranty period“ is the period ending two years after the date of the new motor vehicle‘s original delivery to a consumer, or the first 24,000 miles of operation, whichever occurs first. |
| 7. Manufacturer‘s obligation to repair |
If the new motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent or the new motor vehicle dealer that sold the new motor vehicle, during either the —warranty period“ or the coverage period of the applicable manufacturer‘s written warranty, whichever is less, then the manufacturer, its agent or dealer must make the necessary repairs to conform the new motor vehicle to the warranty, regardless of whether such repairs are made after the expiration of the —warranty period“. The manufacturer‘s written warranty must be at least one year after original delivery to the consumer or the first 12,000 miles of operation, whichever comes first. |
| 8. Manufacturer‘s obligation to repurchase or replace |
If the manufacturer, its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, then the manufacturer must, at the option of the consumer, replace or repurchase the new motor vehicle. |
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| 9. Criteria for reasonable number of repair attempts |
For vehicles other than motor homes acquired after June 30, 1998, a reasonable number of repair attempts is be deemed to have been undertaken if, during the —warranty period“, any of the following occurs: (1) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the coverage period of the applicable manufacturer‘s written warranty, and the serious safety defect continues to exist; (2) The same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the coverage period of the applicable manufacturer‘s written warranty, and the nonconformity continues to exist; or (3) The new motor vehicle is out-of-service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of 30 calendar days, at least 15 of them during the period of the applicable manufacturer‘s written warranty. For motor homes acquired after June 30, 1998, a reasonable number of repair attempts is deemed to have been undertaken if, during the —warranty period“, any of the following occurs: (1) The same serious safety defect has been subject to diagnosis or repair one or more times during the period of coverage of the applicable motor home manufacturer‘s written warranty, plus a final repair attempt as described below, and the serious safety defect continues to exist. (2) The same nonconformity has been subject to repair three or more times, at least one of which is during the period of coverage of the applicable motor home manufacturer‘s written warranty, plus a final repair attempt as described below and the nonconformity continues to exist. (3) The motor home is out-of-service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of 60 calendar days, aggregating all motor home manufacturer days out of service, and the motor home manufacturers have had at least one opportunity to coordinate and complete and inspection and any repairs of the vehicle‘s nonconformities after receipt of notification from the consumer as described below. |
| 10. Notice of nonconformity and final opportunity to repair |
For motor homes acquired after June 30, 1998: (1) After one attempt to repair a serious safety defect, or after three attempts to repair the same nonconformity, the consumer must give written notification of the need to repair the nonconformity to each of the motor home manufacturers at their respective corporate, zone or regional office addresses to allow the manufacturers to coordinate and complete a final attempt to cure the nonconformity. Upon receipt of this notice, each of the manufacturers has 15 days to respond and inform the consumer of the location of the facility where the vehicle will be repaired. (If a serious safety defect makes the vehicle unsafe to drive, or to the extent the repair facility is more than 100 miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the facility.) After the consumer delivers the motor home to the designated repair facility, the manufacturers have a cumulative total of 30 days to conform the vehicle to the applicable motor home manufacturer‘s written warranty. This 30-day period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform repairs within the prescribed time period, that manufacturer is not entitled to a final attempt to cure the nonconformity. (2) If the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers for a cumulative total of 30 or more days, aggregating all motor home manufacturer days out of service, the consumer must notify each motor home manufacturer in writing at their respective corporate, zone, or regional office addresses to allow the manufacturers, agents or dealers an opportunity to coordinate and complete an inspection and any repairs. Upon receipt of this notice, the manufacturers have 15 days to respond and inform the consumer of the location of the facility where the vehicle will be repaired. (If a serious safety defect makes the vehicle unsafe to drive, or to the extent the repair facility is more than 100 miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the facility.) After the consumer delivers the motor home to the designated repair facility, the manufacturers must complete inspection and repairs either within 10 days or before the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for 60 days, whichever time period is longer. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform repairs within the prescribed time period, that manufacturer is not entitled to at least one opportunity to inspect and repair the vehicle‘s nonconformities after receipt of notification from the consumer. |
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| 11. Affirmative defenses |
Not specified. —Nonconformity“ is defined to exclude a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle. |
| 12. Refund |
Purchased vehicle Refund consists of: (1) Purchase price, meaning the cash price of the motor vehicle appearing in the sales agreement or contract, including any allowance for a trade-in-vehicle. Purchase price excludes any manufacturer-to-consumer rebate appearing in the agreement or contract that the consumer received or that was applied to reduce the purchase cost. Where the consumer is a subsequent transferee, —purchase price“ means the consumer‘s subsequent purchase price; (2) Collateral charges, meaning any sales related charges including but not limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment penalties, credit disability and credit life insurance costs not otherwise refundable, any other insurance costs prorated for time out of service, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rustproofing, or factory or dealer installed options; and (3) Incidental costs, meaning reasonable expenses incurred by the consumer in connection with the repair of the motor vehicle, including any towing charges and the costs of obtaining alternative transportation; (4) Less a reasonable offset for use. Leased vehicle Refund consists of: To the Lessor Pay-off amount œ the manufacturer shall make such payment to the lessor as necessary to obtain clear title to the motor vehicle. The pay-off amount does not include any late payment charges, which are the responsibility of the consumer. To the Lessee (1) Lease payments, meaning all payments made by the consumer under the lease, including but not limited to all lease payments, trade-in value or inception payment, and security deposit; (2) Collateral charges, meaning any sales related charges including but not limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment penalties, credit disability and credit life insurance costs not otherwise refundable, any other insurance costs prorated for time out of service, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rustproofing, or factory or dealer installed options; and (3) Incidental costs, meaning reasonable expenses incurred by the consumer in connection with the repair of the motor vehicle, including any towing charges and the costs of obtaining alternative transportation; (4) Less a reasonable offset for use. |
| 13. Replacement |
Replacement motor vehicle is an identical or reasonably equivalent to the vehicle being replaced as the vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options. The consumer must compensate the manufacturer for a reasonable offset for use. The manufacturer is responsible for sales tax, license and registration fees for the replacement vehicle. The manufacturer must also refund any incidental costs, meaning reasonable expenses incurred by the consumer in connection with the repair of the motor vehicle, including any towing charges and the costs of obtaining alternative transportation |
| 14. Reasonable allowance |
Applies to a refund and a replacement. The reasonable offset for use is computed by the following formula: number of miles traveled directly attributable to use by the consumer X purchase price 120,000 Where the consumer is a second or subsequent purchaser or transferee of the motor vehicle, —the number of miles that the vehicle traveled“ shall be calculated from the date of purchase by that consumer, and —purchase price“ means the consumer‘s subsequent purchase price. Where the consumer is a second or subsequent lessee of the motor vehicle, —the number of miles that the vehicle traveled“ shall be calculated from the date of lease by that consumer, and —purchase price“ means the consumer‘s subsequent purchase price. The —purchase price“ for a leased vehicle means the actual written capitalized cost disclosed to the consumer as contained in the lease agreement. If there is no disclosed capitalized cost in the lease agreement, the —purchase price“ is the manufacturer‘s suggested retail price including manufacturerinstalled accessories or items of optional equipment displayed on the manufacturer label. Purchase price excludes any manufacturer-to-consumer rebate appearing in the agreement or contract that the consumer received or that was applied to reduce the purchase cost. If the new motor vehicle is a motorcycle, the denominator is 25,000. If the new motor vehicle is a motor home, the denominator is 90,000. If the wear and tear on those portions of a motor home designated, used or maintained primarily as a mobile dwelling, office, or commercial space are significantly greater or significantly less than that which could be reasonably expected based on the mileage attributable to the consumer‘s use of the motor home, the reasonable offset for use calculation total may be increased or decreased up to a maximum of one-third of the offset total. |
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| 15. Refund of sales tax |
Manufacturer refunds sales tax to the consumer. Title 82 of RCW provides for credit or refund to the manufacturer by the Department of Revenue and Taxation for the amount of tax refunded. |
| 16. Enhanced damages |
If the manufacturer does not comply with a decision in favor of the consumer by the state-operated arbitration program but appeals instead, and the consumer prevails, recovery will include continuing damages of $25 per day for all days beyond 40 days after the manufacturer‘s receipt of the consumer‘s acceptance in which the manufacturer did not provide a comparable loaner vehicle. If the court determines that the party that appealed acted without good cause in brining the appeal or brought the appeal solely for the purpose of harassment, the court must double and may triple the amount of the total award. A violation of the lemon law is an unfair or deceptive trade practice affecting the public interest. |
| 17. Attorney‘s fees |
A decision by the state-operated arbitration program will include reasonable costs and attorneys‘ fees incurred by the consumer if the manufacturer has been directly represented by counsel in dealings with the consumer in response to a request to repurchase or replace; in settlement negotiations; in preparation of the manufacturer‘s statement; or at an arbitration hearing or other proceeding with the state-operated arbitration program. If the consumer prevails in any trial de novo of a decision by the state-operated arbitration program, recovery will include attorneys‘ fees and costs incurred in the action. |
| 18. Statute of limitations |
A claim must be filed within 30 months from the date of the new motor vehicle‘s original delivery to a consumer at retail. If the claim involves a motor home, the 30-month period is extended by the amount of time it takes the motor home manufacturers to complete the final repair attempt at the designated repair facility. |
| 19. Manufacturer sponsored arbitration |
The Washington Attorney General must establish a new motor vehicle arbitration board to settle lemon law disputes between consumers and manufacturers. If a manufacturer has established an informal dispute resolution settlement procedure that complies with 16 C.F.R. Part 703, the consumer may choose to first submit a dispute to that procedure. Before filing an action in court, the consumer must first exhaust the remedy afforded by the Attorney General‘s new motor vehicle arbitration board or the manufacturer‘s informal dispute settlement procedure. |
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| 20. State-sponsored arbitration |
The Washington Attorney General must establish a new motor vehicle arbitration board to settle lemon law disputes between consumers and manufacturers. If a manufacturer has established an informal dispute resolution settlement procedure that complies with 16 C.F.R. Part 703, the consumer may choose to first submit a dispute to that procedure. Before filing an action in court, the consumer must first exhaust the remedy afforded by the Attorney General‘s new motor vehicle arbitration board or the manufacturer‘s informal dispute settlement procedure. |
| 21. Dealer liability |
No new motor vehicle dealer may be held liable by the manufacturer for any collateral charges, incidental costs, purchase price refunds, or vehicle replacements. Manufacturers do not have a cause of action against dealers under the lemon law. Consumers do not have a cause of action against dealers under the lemon law, but a violation of any responsibilities imposed upon dealers under the lemon law is a per se violation of unfair trade practice statutes. Consumers may pursue rights and remedies against dealers under any other law. Manufacturers and consumers may not make dealers parties to a proceeding with the state-operated arbitration program. |
| 22. Restrictions on resale of returned vehicles |
Lemon Law The manufacturer is prohibited from reselling any motor vehicle determined or adjudicated as having a serious safety defect unless the serious safety defect has been corrected and the manufacturer warrants upon the first subsequent resale that the defect has been corrected. Before any sale or transfer of a vehicle that has been replaced or repurchased by the manufacturer because it was determined or adjudicated as having a nonconformity or to have been out of service for thirty or more calendar days, or sixty or more calendar days in the case of a motor home, under the lemon law, the manufacturer must: (1) Notify the Attorney General and the Department of Licensing, by certified mail or by personal service, upon receipt of the motor vehicle; (2) Attach a resale disclosure notice to the vehicle in a manner and form to be specified by the Attorney General. Only the retail purchaser may remove the resale disclosure notice after execution of the disclosure form below; and (3) Notify the Attorney General and the Department of Licensing if the nonconformity in the motor vehicle is corrected. Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle that was previously returned after a final determination, adjudication, or settlement under any state‘s lemon law, the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of the final determination, adjudication or settlement, must execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity in a manner to be specified by the Attorney General, and the Department of Licensing must place on the certificate of title information indicating the vehicle was returned under the lemon law. Upon receipt of the manufacturer‘s notification that the nonconformity has been corrected and upon the manufacturer‘s request and payment of any fees, the Department of Licensing will issue a new title with information indicating the vehicle was returned under the lemon law and that the nonconformity has been corrected. Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle, the manufacturer must warrant upon the resale that the nonconformity has been corrected, and the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of the corrected nonconformity, must execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity and indicating that it has been corrected in a manner to be specified by the Attorney General. After repurchase or replacement and following a manufacturer‘s receipt of a vehicle, and prior to a vehicle‘s first subsequent retail transfer by resale or lease, any intervening transferor of a vehicle subject to these requirements who has received the disclosure, correction and warranty documents, as specified by the Attorney General and required under the lemon law, must deliver the documents with the vehicle to the next transferor, purchaser or lessee to ensure proper and timely notice and disclosure. Any intervening transferor who fails to comply with this subsection must, at the option of the subsequent transferor or first subsequent retail purchaser or lessee:
- (1)
- Indemnify any subsequent transferor or first subsequent retail purchaser for all damages caused by the violation; or
- (2)
- Repurchase the vehicle at the full purchase price including all fees, taxes and costs incurred for goods and services which were included in the subsequent transaction.
Regulations
- (1)
- When a vehicle has been determined by the new motor vehicle arbitration board, or has been adjudicated in a superior or appellate court of this state, as having one or more nonconformities or serious safety defects that have been subject to a reasonable number of attempts by the manufacturer to conform the vehicle to the warranty:
- (a)
- The attorney general will provide the manufacturer with the "Lemon Law resale documents" necessary to resell or otherwise transfer the vehicle together with instructions regarding compliance with RCW 19.118.061 and applicable rules;
- (b)
The attorney general will provide the manufacturer with the required documents by certified mail at the conclusion of the period pursuant to RCW 19.118.090(9) for a manufacturer to file an appeal or upon notice from the manufacturer of receipt of the vehicle, whichever occurs first.
(2) When a vehicle is the subject of a "settlement" under chapter 19.118 RCW:
-
- (a)
- the attorney general will provide the manufacturer with the "Lemon Law resale documents" necessary to resell or otherwise transfer the vehicle together with instructions regarding compliance with the RCW 19.118.061 and applicable rules;
- (b)
- The attorney general will provide the manufacturer with the required documents by certified mail upon notice of the settlement by the parties.
- (3)
- When a vehicle is the subject of final determination, adjudication or settlement under a "similar law of another state":
- (a)
- The attorney general will provide the manufacturer, agent, motor vehicle dealer or other transferor with the resale documents necessary to resell or otherwise transfer the vehicle together with instructions regarding compliance with this section;
- (b)
- The attorney general will provide the manufacturer, agent, motor vehicle dealer or other transferor with the resale documents by certified mail upon receiving a written request for Lemon Law resale documents, which includes a description of the defects or conditions causing the vehicle to be reacquired by the manufacturer.
The manufacturer must:
- (1)
- Notify the attorney general‘s office and the department of licensing upon receipt of the vehicle from the consumer due to a determination, adjudication or settlement pursuant to chapter 19.118 RCW and chapter 44-10 WAC.
- (2)
- Attach the "Lemon law resale windshield display," as provided by the attorney general, to the lower center of the front windshield of the vehicle in a manner so as to be readily visible from the exterior of the vehicle.
(3) Correct and warrant a serious safety defect.
- (4)
- Notify the attorney general‘s office and the department of licensing of correction of a nonconformity or serious safety defect and execute a "notice of correction and warranty" as provided by the attorney general.
After the manufacturer ‘s receipt of a vehicle and prior to first subsequent retail transfer, sale or lease of a vehicle subject to the requirements of RCW 19.118.061:
- (1)
- The manufacturer, agent or new motor vehicle dealer with actual knowledge of a determination, adjudication or settlement must deliver the Lemon Law resale documents with the vehicle to a wholesale or retail buyer, or transferor.
- (2)
- The buyer or transferor should sign and date the acknowledgement of receipt of the Lemon Law resale documents on the "Lemon Law resale disclosure" in each wholesale transaction.
- (3)
- An intervening transferor who receives the "Lemon Law resale disclosure" or "notice of correction and warranty" is prohibited from transferring, selling, or leasing the vehicle without delivery of the "Lemon Law resale disclosure" and any "notice of correction and warranty" with the vehicle to the next transferor, purchaser or lessee.
- (4)
- The "Lemon Law resale windshield display" can only be removed by the first subsequent retail purchaser or lessee of the motor vehicle who has signed the Lemon Law resale disclosure form.
- (1)
- A manufacturer may submit to the attorney general for approval a proposed substitute form(s) for the consumer disclosure notice and certification of repair and warranty as required for resale of a vehicle. (2) A substitute form must include: (a) A disclosure that the manufacturer was required to repurchase or replace the vehicle from the previous owner pursuant to the Motor Vehicle Warranties Act, chapter 19.118 RCW, due to specified defects, conditions, or serious safety defects in the vehicle; (b) A certification of repair and warranty for at least twelve months or twelve thousand miles, whichever occurs first, of any representation of correction or repair for each defect, condition, or serious safety defect; (c) A disclosure that the title of ownership issued by the department of licensing will have permanent notations that the vehicle was returned pursuant to chapter 19.118 RCW and which will indicate whether or not the defect or condition has been corrected by the manufacturer; (d) Directions for the distribution of the form copies and that the substitute form must be signed by the subsequent retail purchaser; (e) A copy of the substitute form which is to be provided to the subsequent retail purchaser; (f) Two copies of the substitute form which are to be immediately sent to the attorney general and the department of licensing upon retail sale of the vehicle. Any warranty of a correction of a defect issued pursuant to the provisions of RCW 19.118.061 shall be for not less than one year from the date of resale or an additional twelve thousand miles from the date of resale, whichever occurs first.
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| 23. Point of sale notice of lemon law rights |
The manufacturer must publish an owner‘s manual and provide it to the new motor vehicle dealer or leasing company. The owner‘s manual must include a list of the addresses and phone numbers for the manufacturer‘s customer assistance division or zone or regional offices. The manufacturer must provide to the new motor vehicle dealer or leasing company all applicable manufacturer‘s written warranties. The dealer or leasing company must transfer to the consumer at the time of original retail sale or lease the owner‘s manual and applicable written warranties as provided by the manufacturer. |
| 24. Limitation on waiver |
Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits or disclaims lemon law rights is void as contrary to public policy. |
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