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.
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
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
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
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
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