Washington
Washington Lemon Law (2026): How to Qualify & Get a Refund
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 12 primary sources cited on this page. How we verify our legal content

Washington's Motor Vehicle Warranties Act (RCW 19.118) covers new passenger cars, trucks under 19,000 lbs GVW, and motorcycles displacing 750cc or more. A vehicle qualifies as a lemon after four repair attempts for a nonconformity, two attempts for a serious safety defect, or 30 cumulative days out of service (60 days for motor homes), all within the two-year or 24,000-mile eligibility period. The consumer chooses between a full repurchase or a replacement vehicle.
Overview of Washington's Lemon Law
Washington's Motor Vehicle Warranties Act, codified in RCW 19.118, protects consumers who purchase or lease new motor vehicles that turn out to have recurring, substantial defects. If a manufacturer cannot fix a qualifying defect after a reasonable number of attempts, the law requires the manufacturer to either repurchase or replace the vehicle.

The Washington Attorney General's Office administers the lemon law program and provides free arbitration hearings for consumers who qualify. Washington's program is one of the most consumer-friendly in the country because it charges no filing fees and does not require consumers to hire an attorney.
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)
- Electric vehicles: Battery electric and plug-in hybrid vehicles with manufacturer warranties
- 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 a single agreement)
- Living quarters portion of motor homes (only chassis and drivetrain are covered)
Electric Vehicle Considerations
Washington's lemon law applies to electric vehicles (EVs) and plug-in hybrids the same way it applies to gasoline-powered vehicles. Common EV-specific defects that may qualify include battery degradation beyond warranty specifications, charging system malfunctions, software errors that affect drivability, and electric motor failures. The same repair attempt thresholds and eligibility periods apply regardless of powertrain type.
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 under RCW 19.118.021
Who Qualifies as a Consumer
Under RCW 19.118.021, 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. This means the original buyer, lessee, or a subsequent transferee may all qualify.
Subsequent Transferees
Later owners may request arbitration if:
- The vehicle was acquired within 2 years of original delivery and within the first 24,000 miles
- The vehicle meets other eligibility requirements
- The 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 (60 or more for motor homes) |
| 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. The consumer chooses which remedy to pursue. Under RCW 19.118.041, the manufacturer must act within 40 calendar days of the consumer's written request.
Option 1: Repurchase (Buyback)
Under RCW 19.118.041, the manufacturer must refund:
- Purchase price: Cash price appearing in the 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, and rustproofing
- Incidental costs: Towing charges and costs of alternative transportation
For lease vehicles, the manufacturer must refund all payments made under the lease, including the trade-in value or inception payment, security deposit, all collateral charges, and incidental costs.
Option 2: Replacement Vehicle
The manufacturer must provide:
- A new motor vehicle identical or reasonably equivalent to the original
- The vehicle as it existed at time of purchase or lease
- All service contracts, undercoating, rustproofing, and factory or dealer installed options
- Payment of sales tax, license, and registration fees on the replacement
- Refund of any incidental costs awarded by the arbitrator
Reasonable Offset for Use
The manufacturer may deduct a reasonable offset for use. Under RCW 19.118.041, this is calculated as:
Standard vehicles (cars, trucks, SUVs): Offset = (Miles at First Repair x Purchase Price) / 120,000
Motor homes: Offset = (Miles at First Repair x Purchase Price) / 90,000
Motorcycles: Offset = (Miles at First Repair x Purchase Price) / 25,000
For example, if you paid $40,000 for a car and drove 3,000 miles before the first repair attempt, the offset would be $1,000. If you choose a replacement instead of a repurchase, you pay the offset to the manufacturer.
For Subsequent Transferees
- If selecting repurchase, "purchase price" means the subsequent purchase price
- If selecting replacement, "purchase price" means the original purchase price
Attorney Fees and Costs
Under RCW 19.118.090, if the arbitration board awards remedies to the consumer and the manufacturer was directly represented by legal counsel during the process, the board must also award reasonable costs and attorney fees incurred by the consumer. This applies when the manufacturer used an attorney in responding to repurchase/replacement requests, settlement negotiations, or at the arbitration hearing.
How to File a Lemon Law Claim in Washington
Washington provides a free arbitration process through the Attorney General's Office. Here is a step-by-step guide.
Step 1: Document Everything
Thorough documentation is the foundation of a strong lemon law claim. Keep these records organized:
- All repair orders with dates, mileage, and descriptions of problems
- A log of every day the vehicle was out of service for repairs
- Specific symptoms, warning lights, and error codes
- All correspondence with the dealer and manufacturer
- Photos or videos of defects as they occur
- Copies of purchase or lease agreements
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. Send this by certified mail with return receipt so you have proof of delivery. Include your vehicle identification number (VIN), a summary of the defects, and copies of repair records.
Step 3: Allow the 40-Day Resolution Period
The manufacturer has 40 calendar days from receipt of your written request to respond and attempt to resolve the matter. If they fail to respond, refuse to act, or cannot fix the problem within this period, you may 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 (repair orders, correspondence, photos)
- You may represent yourself or hire an attorney
Step 5: Arbitration Hearing
The hearing must be held within 45 days of the arbitration board receiving your request. At least 10 days before the hearing, you will receive notice of the date, time, and location.
At the hearing, be prepared to:
- Identify which claim category applies to your situation
- Present evidence of defects and all repair attempts
- Explain how the defect substantially impairs the vehicle's use, value, or safety
- Present all applicable claim categories (you may qualify under more than one)
State Arbitration Process and Timelines
Washington's arbitration process is administered by the Attorney General's Office and follows specific timelines established in the statute.
Key Arbitration Timelines
| Event | Deadline |
|---|---|
| Hearing scheduled | Within 45 days of board receiving your request |
| Hearing notice sent | At least 10 days before hearing date |
| Written decision issued | Within 60 days of board receiving your request |
| Consumer accepts or rejects decision | 60 days from receiving the decision |
| Manufacturer complies (if consumer accepts) | 40 days from receiving consumer's acceptance |
| Manufacturer appeals (if consumer accepts) | 30 days from receiving consumer's acceptance |
| Consumer appeals (if consumer rejects) | 120 days from date of rejection |
Possible Outcomes
- Repurchase ordered: Manufacturer must buy back the vehicle at full price minus offset for use
- Replacement ordered: Manufacturer must provide a comparable new vehicle
- Claim denied: Consumer may reject the decision and appeal to superior court
After the Decision
If the arbitration board rules in your favor, you have 60 days to accept or reject the decision. If you accept, the manufacturer must comply within 40 calendar days or file an appeal in superior court within 30 days.
If you reject a favorable decision or receive an unfavorable one, you have 120 calendar days to file a petition of appeal in superior court under RCW 19.118.090(8).
Compliance and Penalties
Under RCW 19.118.095:
- The manufacturer must comply with an accepted arbitration decision
- Failure to comply may result in a fine of up to $1,000 per day until compliance, capped at $100,000
- The consumer may recover costs and attorney fees for manufacturer non-compliance
- Failure to make your vehicle available within 60 days of the manufacturer's tender of compliance counts as a rejection of the decision
Manufacturer Defenses
Manufacturers may assert various defenses to avoid lemon law liability. Understanding these defenses helps you prepare a stronger claim.
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, or 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 |
| Outside eligibility period | Claim filed too late | Verify dates and mileage carefully before filing |
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:
- The vehicle was acquired within 2 years of original delivery and within the first 24,000 miles
- The vehicle had an applicable manufacturer warranty at original sale
- The vehicle otherwise meets the new motor vehicle definition
- The 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 the title branded to indicate buyback status
- Cannot be resold without full disclosure to the buyer
- Intervening transferors must also disclose the buyback history
Federal Magnuson-Moss Warranty Act
The federal Magnuson-Moss Warranty Act ( et seq.) serves as a national backstop for vehicle warranty disputes. If a manufacturer breaches an express or implied warranty, you may sue in federal court regardless of whether your vehicle qualifies under the state lemon law. This is important for used vehicle buyers who no longer qualify under Washington's two-year or 24,000-mile eligibility window but still have an unexpired manufacturer warranty. Magnuson-Moss also allows consumers to recover attorney fees if they prevail, making it a viable route even for lower-value claims.
Other Protections for Used Vehicle Buyers
- Washington Consumer Protection Act (RCW 19.86): Prohibits unfair or deceptive business practices
- Common law claims: Breach of warranty, fraud, or misrepresentation
Motor Home Coverage
Washington's lemon law has specific provisions for motor homes that differ from standard vehicle coverage.
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
When multiple manufacturers are involved, liability may be allocated among them based on which components are defective. Each manufacturer is responsible for defects in its own components.
Days-Out-of-Service Threshold for Motor Homes
Motor homes have a higher days-out-of-service threshold than standard vehicles. A motor home qualifies under the days-out-of-service category after 60 or more cumulative calendar days out of service (compared to 30 days for cars, trucks, and motorcycles). Under , a motor home manufacturer also has 15 days from receipt of a written demand to respond and identify a repair facility for a final repair attempt. If the manufacturer fails to respond within 15 days, it forfeits its right to that final repair opportunity.
Additional Requirements
Motor home claims may involve multiple manufacturers, which can complicate the arbitration process. The Motor Home Lemon Law Booklet from the Attorney General's Office provides detailed guidance for motor home owners.
Tips for a Successful Lemon Law Claim
Following these practical steps will strengthen your claim and help the arbitration process go smoothly.
- Report problems early and often. Take the vehicle to the dealer as soon as you notice any defect. Every documented repair visit counts toward the threshold.
- Be specific on repair orders. Make sure each repair order describes the exact symptoms, not just generic language. Ask the service advisor to write down your complaint in your own words.
- Keep a written log. Track every day your vehicle is at the dealer, every phone call, and every interaction. Note dates, times, and names.
- Do not delay the written request. Send your written repurchase/replacement request to the manufacturer as soon as you meet the repair attempt threshold. Use certified mail with return receipt.
- Continue making payments. The lemon law does not allow you to stop making loan or lease payments while your claim is pending.
- Consult the Attorney General's website. The Lemon Law Administration provides downloadable forms, brochures, and staff who can answer procedural questions.
More Washington Laws
Frequently Asked Questions
How many repair attempts does Washington require before a vehicle qualifies as a lemon?
Washington requires 4 or more attempts to repair a nonconformity, or 2 or more attempts for a serious safety defect, or 30 or more days out of service. Different categories have different thresholds. You must also send a written request to the manufacturer and wait 40 days for a response before filing for arbitration.
Is there a fee for Washington's lemon law arbitration?
No, the arbitration process through the Attorney General's Office is completely free to consumers. You do not need to hire an attorney, although you may choose to do so.
What is the eligibility period under Washington's lemon law?
The eligibility period is 2 years or 24,000 miles from original delivery, whichever comes first. You can file for arbitration up to 30 months from the original retail delivery date.
Does Washington's lemon law cover electric vehicles?
Yes. Washington's lemon law applies to electric vehicles and plug-in hybrids the same way it applies to gasoline-powered vehicles. Battery defects, charging system failures, and software errors that affect drivability can all qualify as nonconformities under the law.
Can military members stationed in Washington use the lemon law for vehicles purchased in another state?
Yes, Washington has a special armed forces provision. If you are stationed or residing in Washington, a vehicle purchased in another state may be covered if it was bought with a manufacturer warranty within the last 30 months and meets the definition of a new motor vehicle.
How is the offset for use calculated in a Washington lemon law repurchase?
The offset formula is: Miles at First Repair multiplied by Purchase Price, divided by 120,000 for standard vehicles (cars, trucks, SUVs). Motor homes use a divisor of 90,000 and motorcycles use 25,000. For example, if you paid $40,000 for a car and drove 3,000 miles before the first repair attempt, the offset would be $1,000.
What happens after the arbitration board issues a decision?
You have 60 days to accept or reject the decision. If you accept a favorable decision, the manufacturer has 40 days to comply or 30 days to appeal to superior court. If you reject the decision, you have 120 days to file your own appeal in superior court.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the citation for Washington's 120-day superior-court appeal deadline from RCW 19.118.100 (trial de novo/damages procedure) to RCW 19.118.090(8), the subsection that actually states the 120-day filing window.
Governing law re-checked for recent changes
Corrected the manufacturer non-compliance penalty: RCW 19.118.095(2) authorizes up to $1,000 per day of noncompliance capped at $100,000, not a flat one-time $1,000 fine.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Code of Washington
§ 19.118.021Definitions.In force
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means new motor vehicle arbitration board. (2) "Collateral charges" means any sales or lease 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. (3) "Condition" means 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. (4) "Consumer" means any person who 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, during the duration of the eligibility period defined under this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 6 court opinionsMost recently applied by a court: 2025
Leading cases:
- Ford Motor Co. v. Barrett (Washington Supreme Court 1990, 115 Wash. 2d 556)“…g defect constitutes a "serious safety defect" under former RCW 19.118.021(15) (now codified as subsection (16)).…”
- Chrysler Motors Corp. v. Flowers (Washington Supreme Court 1991, 116 Wash. 2d 208)“…as issued as a condition of sale. (Italics ours.) RCW 19.118.021(8). 6 As the concludin…”
- Mooberry v. Magnum Manufacturing, Inc. (Court of Appeals of Washington 2001, 108 Wash. App. 654)“…tially impair” its use or safety as that term is defined in RCW 19.118.021(20). While we agree with Magnum that an…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 19.118.041Replacement or repurchase of nonconforming new motor vehicle—Reasonable number of attempts—Notice by consumer regarding motor home nonconformity—Liabilities and rights of parties—Application of consumer protection act.In force
(1) 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, the manufacturer, within forty calendar days of a consumer's written request to the manufacturer's corporate, dispute resolution, zone, or regional office address shall, at the option of the consumer, replace or repurchase the new motor vehicle. (a) The replacement motor vehicle shall be identical or reasonably equivalent to the motor vehicle to be replaced as the motor 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. Where the manufacturer supplies a replacement motor vehicle, the manufacturer shall be responsible for sales tax, license, registration fees, and refund of any incidental costs. Compensation for a reasonable offset for use shall be paid by the consumer to the manufacturer in the event that the consumer accepts a replacement motor vehicle.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 10 court opinionsMost recently applied by a court: 2026
Leading cases:
- Arbitration of Mooberry v. MAGNUM MFG. (Court of Appeals of Washington 2001, 32 P.3d 302)“…uired to comply with the final notification requirements in RCW 19.118.041(3)(b) and (c). Thus, the trial court pr…”
- Mooberry v. Magnum Manufacturing, Inc. (Court of Appeals of Washington 2001, 108 Wash. App. 654)“…uired to comply with the final notification requirements in RCW 19.118.041(3)(b) and (c). Thus, the trial court pr…”
- Anderson v. Valley Quality Homes, Inc. (Court of Appeals of Washington 1997, 84 Wash. App. 511)“…erty is entitled to the remedies provided under [the CPA]”; RCW 19.118.041, Washington’s lemon law, provides in su…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 19.118.061Vehicle with nonconformities or out of service—Notification of correction—Resale or transfer of title—Issuance of new title—Disclosure to buyer—Intervening transferor.In force
(1) A 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. (2) Before any sale or transfer of a motor vehicle that has been replaced or repurchased by the manufacturer after a determination, adjudication, or settlement of a claim under this chapter, the manufacturer must: (a) Notify the attorney general upon receipt of the motor vehicle; (b) Submit a title application to the department of licensing in this state for title to the motor vehicle in the name of the manufacturer within sixty days; and (c) Notify the attorney general and the department of licensing if the nonconformity in the motor vehicle is corrected.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 19.118.090Request for arbitration—Eligibility—Manufacturer's response—Defenses—Remedies—Acceptance or appeal.In force
(1) A consumer may request arbitration under this chapter by submitting the request to the attorney general. Within ten days after receipt of an arbitration request, the attorney general shall make a reasonable determination of the cause of the request for arbitration and provide necessary information to the consumer regarding the consumer's rights and remedies under this chapter. The attorney general shall accept a request for arbitration, except where it clearly appears from the materials submitted by the consumer that the dispute is not eligible because it is lacking a statement of a claim, incomplete, untimely, frivolous, fraudulent, filed in bad faith, res judicata, or beyond the authority established in this chapter. A dispute found to be ineligible for arbitration because it lacks a statement of a claim or is incomplete may be reconsidered by the attorney general upon the submission of other information or documents regarding the dispute. (2) After a dispute is accepted, the attorney general shall assign the dispute to the board.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 4 court opinionsMost recently applied by a court: 2024
Leading cases:
- Ford Motor Co. v. Barrett (Washington Supreme Court 1990, 115 Wash. 2d 556)“…e King County Superior Court for de novo review pursuant to RCW 19.118.090(8) and RCW 19.118.100. In addition to d…”
- Abbs v. Georgie Boy Manufacturing, Inc. (Court of Appeals of Washington 1991, 60 Wash. App. 157)“…for arbitration through the Attorney General's Office under RCW 19.118.090 was rejected. On de novo appeal to the…”
- Mendis v. BMW of North America LLC (District Court, W.D. Washington 2024)“…Plaintiffs allege they participated in arbitration under RCW 19.118.090(1). (Compl. at 20 ¶ 4.12.) Arbitratio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 19.118.095Arbitration decision—Compliance—Accomplishment—Dispute—Failure—Fine—Costs—Attorneys' fees.In force
(1) Compliance with an arbitration board decision under this chapter must be accomplished at a time, place, and in a manner to be determined by the mutual agreement of the consumer and manufacturer. (a) The consumer shall make the motor vehicle available to the manufacturer free of damage other than that related to any nonconformity, defect, or condition to which a warranty applied, or that can reasonably be expected in the use of the vehicle for ordinary or reasonably intended purposes and in consideration of the miles traveled by the vehicle. Any insurance claims or settlement proceeds for repair of damage to the vehicle due to fire, theft, vandalism, or collision must be assigned to the manufacturer or, at the consumer's option, the repair must be completed before return of the vehicle to the manufacturer. The consumer may not remove any equipment or option that was included in the original purchase or lease of the vehicle or that is otherwise included in the repurchase or replacement award.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 2 court opinionsMost recently applied by a court: 2001
Leading cases:
- Nguyen v. STATE HEALTH MED. QUALITY ASSUR. (Washington Supreme Court 2001, 29 P.3d 689)“…egligence was not an actual cause of the nuclear incident." RCW 19.118.095(2), dealing with motor vehicle warranti…”
- Nguyen v. Department of Health (Washington Supreme Court 2001, 144 Wash. 2d 516)“…egligence was not an actual cause of the nuclear incident.” RCW 19.118.095(2), dealing with motor vehicle warranti…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 15
§ 2301DefinitionsIn forcecited in 39 of our articles
For the purposes of this chapter: The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed). The term “Commission” means the Federal Trade Commission. The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract). The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers. The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,671 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Walsh v. Ford Motor Company (1986) held that except where Magnuson-Moss expressly prescribes a rule, the Act applies state written and implied warranty law, citing Section 2301(7)'s definition of implied warranty as one arising under state law. Birdsong v. Apple (2009) dismissed Act claims once the state warranty claims failed.
Leading cases:
- John F. "Jack" Walsh v. Ford Motor Company (Court of Appeals for the D.C. Circuit 1986, 807 F.2d 1000)✓Ford owners sought nationwide classes over transmissions that slipped from park into reverse; reading Section 2301(7) and (6), the D.C. Circuit held Magnuson-Moss applies state warranty law except where the Act expressly prescribes a rule, and vacated class certification.
- Birdsong v. Apple, Inc. (Court of Appeals for the Ninth Circuit 2009, 590 F.3d 955)✓iPod buyers alleged the player risked hearing loss; because Section 2301(7) ties implied warranty to state law, the Ninth Circuit treated the Magnuson-Moss claim as standing or falling with the California warranty claims and affirmed dismissal once those failed.
- Robert E. Kelly Virginia L. Kelly v. Fleetwood Enterprises, Inc. (Court of Appeals for the Ninth Circuit 2004, 377 F.3d 1034)“…gnizable under the Magnuson-Moss Warranty Act (the “Act”), 15 U.S.C. § 2301 et seq. This consumer dis…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Lemon Law (2026): How to Qualify & Get a Refund, Florida Lemon Law (2026): How to Qualify & Get a Refund, California Lemon Law (2026): How to Qualify & Get a Refund
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Washington Motor Vehicle Warranties Act (RCW 19.118) - Full Text(app.leg.wa.gov).gov
- Washington Attorney General: Lemon Law Administration(atg.wa.gov).gov
- Washington Attorney General: General Lemon Law Information(atg.wa.gov).gov
- Lemon Law Administrative Rules (WAC 44-10)(app.leg.wa.gov).gov
- RCW 19.118.041: Replacement or Repurchase of Nonconforming Vehicle(app.leg.wa.gov).gov
- RCW 19.118.021: Definitions(app.leg.wa.gov).gov
- RCW 19.118.090: Request for Arbitration and Remedies(app.leg.wa.gov).gov
- RCW 19.118.095: Arbitration Decision Compliance and Penalties(app.leg.wa.gov).gov
- RCW 19.118.061: Buyback Vehicle Disclosure Requirements(app.leg.wa.gov).gov
- Washington Attorney General: Motor Home Lemon Law(atg.wa.gov).gov
- Washington Consumer Protection Act (RCW 19.86)(app.leg.wa.gov).gov
- Washington Attorney General: After Requesting Arbitration(atg.wa.gov).gov
- Magnuson-Moss Warranty Act (15 U.S.C. 2301)(law.cornell.edu)