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Washington

WASHINGTON Lemon Law:

Wash. Rev. Code §§ 19.118.005 to 19.118.904

Vehicles covered: Leases or purchases made in state and registered

in state, including demonstrators, motorcycles, and lease-purchases;

excludes business fleets with ten or more vehicles, nonmotor

portions of motor homes, and trucks over 19,000 lbs.

(§ 19.118.021(11)).

Persons covered: Consumers under agreement or contract for

transfer, lease, or purchase of a new vehicle (§ 19.118.021(4)).

Period covered: Whichever comes first: two years or 24,000 miles

(§ 19.118.021(22)).

Disclosure requirements: Dealer must provide written statement of

lemon law rights at time of purchase and a written statement of

repairs after vehicle’s return; manufacturer must provide owner’s

manual and addresses and phone numbers of its regional offices or

customer aid division, all of which are to be delivered by dealer to

buyer at time of sale (§ 19.118.031).

Required consumer notice: Written request for replacement or

refund (§ 19.118.041(1)).

Repair requirements: For a serious defect: two or more repair

attempts; same nonconformity: four or more repair attempts; or out

of service for a cumulative total of thirty or more calendar days,

with at least fifteen days during first year or first 12,000 miles

(§ 19.118.041(2)).

Affırmative defenses: The nonconformity does not substantially

impair the use, value or safety of the vehicle, or is the result of

abuse, neglect, or unauthorized modifications or alterations

(§ 19.118.090(5)). Time limit in which to appeal arbitration decision

to superior court (§ 19.118.090(8)).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with an identical or reasonably equivalent vehicle, or

refund the full purchase price less a reasonable use allowance

(§ 19.118.041(1)).

Other reimbursement: Collateral and incidental costs as defined in

§ 19.118.021(2), (6). If the board awards replacement or repurchase

and the manufacturer does not comply, continuing damages

of $25 per day for each day beyond the forty calendar days after the

manufacturer’s receipt of the consumer’s acceptance of the board’s

decision, except days on which the manufacturer provides a free

loaner vehicle. Attorney fees and costs; if appeal without good

cause and for harassment purposes, damages shall be doubled and

possibly tripled (§ 19.118.100(3)).

Other remedies: There is no limit on other consumer remedies

(§§ 19.118.140, 19.118.070). Violation of the chapter is an unfair

or deceptive trade practice (§ 19.118.120). No lemon law cause of

action created against dealer, but dealer commits UDAP violation

if it violates any duty imposed on it by lemon law

(§ 19.118.041(4)).

Informal dispute resolution: For remedies under this section a

consumer may use an informal dispute settlement procedure, provided

the procedure complies with 16 C.F.R. pt. 703 or with the

new motor vehicle arbitration board procedure (§ 19.118.150).

Resale of lemon: Full disclosure required; new title to include

information as to return and correction of non-conformity

(§ 19.118.061).