WA Lemon Law Statutes

Washington Lemon Law Qualifications

Vehicles Covered

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 in Washington, or for which a temporary license was issued to a nonresident member of the U.S. armed forces who has applied for out - of - state registration.

New motor vehicle includes a motorcycle, a truck with a gross vehicle weight rating of less than 19,000 pounds, the self - propelled vehicle and chassis of a motor home , and a demonstrator or lease - purchase vehicle sold with a manufacturer;s warranty.

New motor vehicle also includes a vehicle purchased or leased with a manufacturer's written warranty by a member of the armed forces, regardless of in which state the vehicle was purchased or leased, if (1) the vehicle otherwise meets the definition of a new motor vehicle, and (2) the consumer is a member of the armed forces stationed or residing in Washington at the time the consumer submits a request for arbitration.

The lemon law does not cover a new motor vehicle 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 l ease agreement.

Consumers Covered

The lemon law covers a consumer , defined as any person who, during the duration of the eligibility 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 a subsequent transferee , defined as a consumer who, within the eligibility 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.

Problems Covered

The lemon law covers any nonconformity , defined as a defect, serious safety defect, or condition that does not conform to the warranty and substantially impairs the use, value, or safety of the new motor vehicle.

Nonconformity 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 o r 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.
  • Warranty means 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 the basis of the bargain - to the extent that the warranty pertains to the obligations of the manufacturer in relation to (1) materials, (2) workmanship, (3) a modification by a dealer installing the manufacturer's authorized parts or their equivalent for the specific motor vehicle pursuant to the manufacturer approved specifications, and (4) fitness of the motor vehicle for ordinary use or reasonably intended purposes throughout the duration of the eligibility period. For purposes of the lemon law, t he 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.

Reasonable Number Of Repair Attempts

For a vehicle other than a motor home , a reasonable number of attempts is deemed to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer if, during the eligibility 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 m ore times, at least one of which is during the coverage period of the applicable manufacturer's written warranty, and the nonconformity continues to exist;
  • 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 ; or
  • Within a 12 - month period, two or more different serious safety defects have each been subject to diagnosis or repair one or more times, where at least one attempt for each serious safety defect occurs during the coverage period of the applicable manufacturer's written warranty and within the eligibility period.

A vehicle is "subject to diagnosis or repair" when a consumer presents the vehicle for warranty service at a service and repair facility authorized by the manufacturer or to which the manufacturer or authorized facility has directed the consumer to obtain warranty service. A vehicle has not been "subject to diagnosis or repair" if the consumer refuses to allow the facility to attempt or complete a recommended warranty repair, or demands return of the vehicle before an attempt to diagnose or repair can be completed.

The eligibility 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 For A Motor Home

A reasonable number of at tempts for a motor home is deemed to have been undertaken by the motor home manufacturers, their respective agents, or respective new motor vehicle dealers if, during the eligibility 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, including a safety evaluation, 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; or
  • Within a 12 - month period, two or more different serious safety defects covered by the same manufacturer warranty have each been subject to diagnosis or repair one or more times, where at least one attempt for each serious safety defect occurs during the coverage period of the applicable manufacturer's written warranty and within the eligibility period.

The eligibility 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.

Washington Arbitration Requirements

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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