How does the lemon law process work in Washington?
Washington uses a state-run binding arbitration process administered by the Attorney General's Lemon Law Administration.
1. Governing Statute
RCW 19.118, the Washington Motor Vehicle Lemon Law. WAC 44-10 implementing regulations. Administered by the Washington Attorney General's Office.
2. Coverage
Covers new motor vehicles, including motorcycles, leased or purchased and registered in Washington for personal, family, or household use, or for business use (limited to vehicles under 19,000 lbs GVWR). Demonstrators included. Living quarters of motor homes, mopeds, and used vehicles are excluded.
3. Lemon Presumption
Under RCW 19.118.041, presumption applies within the Eligibility Period (24 months or 24,000 miles, whichever first) if: (a) the same nonconformity has been subject to repair 4 or more times, (b) the nonconformity is a serious safety defect subject to 2+ repair attempts (with first within first 12 months/12,000 miles), (c) the vehicle is out of service for repair 30+ cumulative days, or (d) out of service 15+ days for a serious safety defect.
4. Notice to Manufacturer
The consumer must give the manufacturer written notice and a final repair opportunity. The manufacturer has the right of one final, additional repair attempt of up to 30 days after written notice.
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace with a comparable new vehicle or refund the full purchase price (including collateral charges: taxes, registration, license, finance charges), minus a reasonable offset for use (statutory formula).
6. Arbitration
The consumer must request state-administered arbitration through the Attorney General's Lemon Law Administration. There is no filing fee. The arbitrator's decision is binding on both parties, subject to a 30-day appeal to superior court (RCW 19.118.090). Manufacturer-sponsored programs are not a substitute.
7. Lawsuit & Fee-Shifting
On appeal of an arbitration award, a prevailing consumer recovers reasonable attorney's fees and costs (RCW 19.118.100). Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)) and Washington Consumer Protection Act (RCW 19.86) parallel claims, including treble damages up to $25,000, are common.
This is legal information, not legal advice.
- Need to appeal binding state arbitration award to superior court
- Consumer Protection Act treble damages potential
- Business vehicle near the 19,000 lbs GVWR threshold
- RCW 19.118 (Motor Vehicle Lemon Law)
- WAC 44-10
- RCW 19.86 (Consumer Protection Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.