Washington’s lemon law covers most vehicles sold to consumers with the exception of the living quarters of motor homes. This law covers “substantial safety defects” that occur during the warranty period. The warranty period is a defined by the express written warranty included with the vehicle, which must cover at least one year or 12,000 miles. If the warranty exceeds that amount, the lemon law warranty period matches the written warranty, but only up to two years and 24,000 miles. If, for example, the warranty covers five years or 50,000 miles, then the lemon law warranty period would be 24 months or 24,000 miles.

Most new motor vehicles sold in the state will qualify, but there are some exceptions:

• Motorcycles with engine displacements of under 750 cubic centimeters
• Trucks weighing more than 19,000 pounds gross vehicle weight
• The living quarters of motor homes.
• Vehicles purchased for business use by a company with ten or more vehicles.

A vehicle will qualify as a lemon if it meets the following requirements:

• The vehicle has a serious safety defect which still exists despite two or more attempts by the manufacturer to repair it. A “serious safety defect” is a life-threatening malfunction that impairs the owner’s ability to control or operate the vehicle or one that creates a risk of explosion or fire.
• The vehicle has a defect or nonconformity which still exists after four or more attempts to repair the problem. A nonconformity is a defect which significantly affects the use, safety or market value of the vehicle so as to make it unsafe or unreliable or which diminishes the resale value.
• A vehicle will also qualify if it has been out of service for a cumulative total of 30 or more days due to repairs, at least 15 of which must have come during the warranty period.

Owners of such defective vehicles should write to the manufacturer and request a refund. Should the manufacturer not respond within 40 days, or should the manufacturer refuse to comply, the owner then must apply for an arbitration hearing. In that hearing, both parties will present their cases before a impartial panel convened by the state which will rule in favor of one side or the other. A ruling in favor of the owner may result in the owner being awarded a comparable replacement vehicle or a refund, less an allowance for wear and tear and vehicle use.

A repurchase of the vehicle will include the full purchase price, along with sales tax, finance charges, dealer preparation and transportation charges, undercoating, rustproofing and other additional charges, along with towing and rental car reimbursement and legal fees, if any.

The state does not require that you have an attorney present for the arbitration hearing; you may have one or not, at your own discretion.

Arbitration is not binding; the consumer has the option of rejecting the decision of the arbitration board. If so, the consumer does have the option of filing a lawsuit.

Details can be found the Washington Lemon Law page

If you are suffering concerns with your car, SUV or van, you may realize that you need legal assistance. LegalMatch can help locate an experienced attorney in your area. Confidentiality is secure, all attorneys are licensed, and inquiries are free.