Washington Lemon Law: Your Complete Legal Guide
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 |
| 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.
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:
Offset = (Purchase Price x Miles at First Repair) / 120,000
For example, if you paid $40,000 for a vehicle 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 19.118.100.
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
- 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
Alternative Protections for Used Vehicle Buyers
Used vehicle buyers who do not qualify under the lemon law may have recourse through other legal avenues:
- Federal Magnuson-Moss Warranty Act: Covers vehicles with unexpired manufacturer warranties
- 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.
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
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
- Washington Attorney General: General Lemon Law Information(www.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(www.atg.wa.gov).gov
- Washington Consumer Protection Act (RCW 19.86)(app.leg.wa.gov).gov
- Washington Attorney General: After Requesting Arbitration(www.atg.wa.gov).gov