Washington Lemon Law: Your Complete Legal Guide
What Vehicles Are Covered
Washington's lemon law covers a broad range of new motor vehicles with some specific exclusions.
Covered Vehicle Types
- Passenger cars: Sedans, coupes, hatchbacks, SUVs
- Trucks: Under 19,000 pounds gross vehicle weight rating
- Motorcycles: With engine displacement of at least 750 cubic centimeters
- Motor homes: Self-propelled vehicle and chassis (not living quarters)
- Demonstrators: With manufacturer warranty
- Lease-purchase vehicles: With manufacturer warranty
Vehicles Not Covered
- Motorcycles with engine displacement under 750cc
- Trucks with 19,000 pounds or more gross vehicle weight rating
- Fleet vehicles (10+ purchased under single agreement)
- Living quarters portion of motor homes (only chassis/drivetrain covered)
Special Armed Forces Provision
Washington's lemon law includes special coverage for members of the armed forces. If you are stationed or residing in Washington, a new vehicle brought from another state is covered if:
- It was purchased or leased with a manufacturer warranty within the last 30 months
- The vehicle otherwise meets the definition of a new motor vehicle
Who Qualifies as a Consumer
A "consumer" includes any person who entered into an agreement for the transfer, lease, or purchase of a new motor vehicle, other than for resale or sublease, during the eligibility period.
Subsequent Transferees
Later owners may request arbitration if:
- Vehicle was acquired within 2 years of original delivery and within first 24,000 miles
- Vehicle meets other eligibility requirements
- Arbitration request is received within 30 months of original retail delivery
Washington's Claim Categories and Requirements
Washington uses four distinct claim categories. Each has specific requirements that must be met for a successful lemon law claim.
Claim Category 1: Unrepaired Nonconformity
| Requirement | Details |
|---|---|
| Repair attempts | 4 or more attempts to diagnose or repair |
| Timing | At least one attempt during manufacturer warranty and during eligibility period |
| Status | Nonconformity continues to exist |
| Written request | Consumer sent written request for repurchase/replacement |
| Manufacturer response | Manufacturer failed to respond or resolve within 40 days |
Claim Category 2: Unrepaired Serious Safety Defect
| Requirement | Details |
|---|---|
| Repair attempts | 2 or more attempts to diagnose or repair |
| Timing | At least one attempt during manufacturer warranty and during eligibility period |
| Status | Serious safety defect continues to exist |
| Written request | Consumer sent written request for repurchase/replacement |
| Manufacturer response | Manufacturer failed to respond or resolve within 40 days |
Claim Category 3: Multiple Serious Safety Defects
| Requirement | Details |
|---|---|
| Number of defects | 2 or more different serious safety defects (whether or not repaired) |
| Time period | Within 12-month period during eligibility period |
| Repair attempts | Each defect subject to diagnosis or repair at least once during warranty |
| Written request | Consumer sent written request for repurchase/replacement |
| Manufacturer response | Manufacturer failed to respond or resolve within 40 days |
Note: For this category, it does not matter whether the defects were repaired. Two different serious safety defects in a 12-month period qualifies.
Claim Category 4: Days Out of Service
| Requirement | Details |
|---|---|
| Days out of service | 30 or more cumulative calendar days |
| Warranty days | At least 15 days during manufacturer warranty |
| Repair attempts | Each defect had at least one attempt during eligibility period |
| Written request | Consumer sent written request for repurchase/replacement |
| Manufacturer response | Manufacturer failed to respond or resolve within 40 days |
Key Definitions
- Nonconformity: A defect that substantially impairs use, value, or safety, making the vehicle unreliable, unsafe, or diminished in resale value
- Serious safety defect: A life-threatening malfunction that impedes the driver's ability to control the vehicle or creates a risk of fire or explosion
- Eligibility period: 2 years or 24,000 miles from original delivery, whichever comes first
Consumer Remedies: Repurchase vs. Replacement
When a vehicle qualifies as a lemon under Washington law, the manufacturer must repurchase or replace the vehicle.
Option 1: Repurchase (Buyback)
The manufacturer must refund:
- Purchase price: Cash price appearing in sales agreement
- All collateral charges: Sales tax, use tax, arbitration fees, unused license/registration/title fees, finance charges, prepayment penalties, credit insurance costs, transportation charges, dealer prep, service contracts, undercoating, rustproofing
- Incidental costs: Towing charges, costs of alternative transportation
Option 2: Replacement Vehicle
The manufacturer must provide:
- A new motor vehicle identical or reasonably equivalent to the original
- As the original existed at time of purchase or lease
- Including any service contract, undercoating, rustproofing, and factory or dealer installed options
Reasonable Offset for Use
The manufacturer may deduct a reasonable offset for use. Under RCW 19.118.041, this is calculated as:
Offset = (Purchase Price x Miles at First Repair) / 120,000
For Subsequent Transferees
- If selecting repurchase, "purchase price" means the subsequent purchase price
- If selecting replacement, "purchase price" means the original purchase price
How to File a Lemon Law Claim in Washington
Washington provides a free arbitration process through the Attorney General's Office.
Step 1: Document Everything
- Keep all repair orders with dates, mileage, and descriptions
- Document days the vehicle was out of service
- Note the specific symptoms and complaints
- Save all correspondence
- Take photos or videos of defects
Step 2: Send Written Request to Manufacturer
Before filing for arbitration, you must send a written request to the manufacturer asking for repurchase or replacement. The manufacturer has 40 days to respond and attempt resolution.
Step 3: Allow Resolution Period
Wait for the manufacturer's 40-day response period. If they fail to respond or cannot resolve the matter, proceed to arbitration.
Step 4: Request Arbitration
File a Request for Arbitration with the Attorney General's Lemon Law Administration:
- Must be received within 30 months of original retail delivery date
- No charge for the arbitration process
- Include all supporting documentation
Step 5: Arbitration Hearing
An arbitrator will conduct a hearing and decide whether your claim meets the law's requirements.
State Arbitration Process
Washington's arbitration process is administered by the Attorney General's Office and is free to consumers.
Arbitration Board
The New Motor Vehicle Arbitration Board hears cases and makes binding decisions on lemon law claims.
At the Hearing
- Identify the basis for your claim (which category applies)
- Present evidence of defects and repair attempts
- Explain how the defect substantially impairs the vehicle
- Present all claim categories that apply to your situation
Possible Outcomes
- Repurchase ordered: Manufacturer must buy back the vehicle
- Replacement ordered: Manufacturer must provide comparable vehicle
- Claim denied: Consumer may appeal to superior court
Compliance and Penalties
Under RCW 19.118.095:
- Manufacturer must comply with arbitration decision
- Failure to comply may result in a fine of up to $1,000
- Consumer may recover costs and attorney fees for non-compliance
Appeal Rights
Either party may appeal to superior court within specified time limits. The appealing party must post security as required by RCW 19.118.100.
Manufacturer Defenses
Manufacturers may assert various defenses to avoid lemon law liability.
Common Manufacturer Defenses
| Defense | Manufacturer's Argument | Consumer's Counter |
|---|---|---|
| No nonconformity exists | Vehicle operates as designed | Document recurring problems and failed repairs |
| Not substantial impairment | Defect does not substantially impair use, value, or safety | Show how defect makes vehicle unreliable, unsafe, or diminished in value |
| Abuse, neglect, modification | Consumer caused the problem | Provide maintenance records and show proper care |
| Insufficient repair attempts | Not enough attempts to meet threshold | Document all repair visits and days out of service |
| No written request sent | Consumer did not send required written request | Keep copies of all correspondence and delivery confirmation |
Used Vehicle Protections
Washington's lemon law provides some protections for subsequent owners and requires disclosure of buyback vehicles.
Subsequent Transferee Coverage
A "subsequent transferee" (later owner) may request arbitration if:
- Vehicle was acquired within 2 years of original delivery and within first 24,000 miles
- Vehicle had an applicable manufacturer warranty at original sale
- Vehicle otherwise meets new motor vehicle definition
- Arbitration request is filed within 30 months of original retail delivery
Buyback Vehicle Disclosure
Under RCW 19.118.061, vehicles repurchased under the lemon law:
- Must have title branded to indicate buyback status
- Cannot be resold without full disclosure to buyer
- Intervening transferors must also disclose
Alternative Protections
Used vehicle buyers may also have recourse through:
- Federal Magnuson-Moss Warranty Act: For vehicles with unexpired warranties
- Washington Consumer Protection Act: RCW 19.86
- Common law claims: Breach of warranty, fraud
Motor Home Coverage
Washington's lemon law has specific provisions for motor homes.
What is Covered
- The self-propelled vehicle
- The chassis
- Components directly warranted by the manufacturer
What is Not Covered
- Portions designated, used, or maintained primarily as mobile dwelling
- Office space
- Commercial space
Motor Home Manufacturers
The law defines "motor home manufacturer" to include:
- First stage manufacturer: Manufactures chassis, chassis cabs, or vans
- Component manufacturer: Manufactures components used in the motor home
- Final stage manufacturer: Assembles the completed motor home
Additional Requirements
Motor home claims may have additional documentation requirements. Consult the Motor Home Lemon Law Booklet from the Attorney General's Office.
More Washington Laws
Sources and References
- Washington Motor Vehicle Warranties Act (RCW 19.118) - Full Text(app.leg.wa.gov).gov
- Washington Attorney General: Lemon Law Administration(www.atg.wa.gov).gov
- General Lemon Law Information(www.atg.wa.gov).gov
- Lemon Law Administrative Rules (WAC 44-10)(app.leg.wa.gov).gov