Washington Lemon Law

Written by SkyRidge Law Editorial Team Last updated 9 min read

Key takeaways

  • Protection period: eligibility period: two years after original delivery or the first 24,000 miles, whichever occurs first. At least one repair attempt (or 15 of the 30 days) must fall within the manufacturer's written warranty, treated as at least one year or 12,000 miles.
  • Repair attempts: same nonconformity subject to diagnosis or repair four or more times (at least one during the written warranty) and it continues to exist. For motor homes, three or more times plus a final repair attempt.
  • Days out of service: cumulative total of 30 calendar days out of service for diagnosis or repair, at least 15 of them during the written warranty (60 calendar days for motor homes).
  • Deadline: arbitration must be requested within 30 months from original delivery of the new vehicle (extended for a motor home's final repair attempt). After rejecting a board decision, the consumer has 120 calendar days to file an appeal in superior court.
  • The law is Wash. Rev. Code ch. 19.118 (RCW 19.118.005 to 19.118.904). Read it with your repair orders and your warranty in front of you.
On this page
  1. Washington lemon law at a glance
  2. Does your vehicle qualify in Washington?
  3. Notice, dispute programs and deadlines
  4. What you can recover
  5. Federal warranty law also applies
  6. Talk to us about your Washington vehicle
  7. Frequently asked questions

Washington's lemon law is Wash. Rev. Code ch. 19.118 (RCW 19.118.005 to 19.118.904), the Motor Vehicle Warranties Act (Washington lemon law). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.

Washington lemon law at a glance

Statute Wash. Rev. Code ch. 19.118 (RCW 19.118.005 to 19.118.904)
Official name Motor Vehicle Warranties Act (Washington lemon law)
Vehicles covered New self-propelled vehicles, including motorcycles of at least 750cc, originally purchased or leased at retail from a Washington dealer or leasing company, plus demonstrators and lease-purchase vehicles sold with a warranty. Motor homes are covered for the vehicle and chassis but not the living, office or commercial space. Excludes trucks with a GVWR of 19,000 pounds or more and fleet purchases of 10 or more vehicles. Out-of-state purchases are covered for armed forces members stationed or residing in Washington.
Leased vehicles Yes, leased vehicles are covered.
Protection period Eligibility period: two years after original delivery or the first 24,000 miles, whichever occurs first. At least one repair attempt (or 15 of the 30 days) must fall within the manufacturer's written warranty, treated as at least one year or 12,000 miles.
Repair attempts Same nonconformity subject to diagnosis or repair four or more times (at least one during the written warranty) and it continues to exist. For motor homes, three or more times plus a final repair attempt.
Serious safety defects Same serious safety defect subject to diagnosis or repair two or more times (at least one during the written warranty) and it continues to exist, or two or more different serious safety defects each subject to repair one or more times within a 12-month period. For motor homes, one time plus a final repair attempt.
Days out of service Cumulative total of 30 calendar days out of service for diagnosis or repair, at least 15 of them during the written warranty (60 calendar days for motor homes).
Notice to the manufacturer The consumer makes a written request to the manufacturer's corporate, dispute resolution, zone or regional office; the manufacturer then has 40 calendar days to replace or repurchase at the consumer's option. Motor home owners must also send written notice for a final repair attempt.
Dispute programs The consumer must exhaust either the state arbitration board run through the Attorney General (no charge to the consumer) or a manufacturer's 16 CFR Part 703 procedure before suing in superior court. Board decisions bind the manufacturer once the consumer accepts, and either side may seek a trial de novo in superior court.
Deadline to bring a claim Arbitration must be requested within 30 months from original delivery of the new vehicle (extended for a motor home's final repair attempt). After rejecting a board decision, the consumer has 120 calendar days to file an appeal in superior court.
Remedies At the consumer's option, a replacement vehicle or repurchase: refund of the purchase price, all collateral charges and incidental costs (for leases, all lease payments, trade-in, deposit and charges), less a use offset of miles before the first repair attempt times purchase price divided by 120,000 (90,000 for motor homes, 25,000 for motorcycles).
Attorney's fees Yes. The board must award reasonable costs and attorneys' fees in certain cases where the manufacturer was represented by counsel, and a consumer who prevails in a superior court trial de novo recovers attorneys' fees and costs.
Used vehicles No used-car lemon law. A subsequent transferee who acquires the vehicle within the eligibility period with the manufacturer's written warranty still in effect is covered.

Does your vehicle qualify in Washington?

The law covers new self-propelled vehicles, including motorcycles of at least 750cc, originally purchased or leased at retail from a Washington dealer or leasing company, plus demonstrators and lease-purchase vehicles sold with a warranty. Motor homes are covered for the vehicle and chassis but not the living, office or commercial space. Excludes trucks with a GVWR of 19,000 pounds or more and fleet purchases of 10 or more vehicles. Out-of-state purchases are covered for armed forces members stationed or residing in Washington. The protection period is eligibility period: two years after original delivery or the first 24,000 miles, whichever occurs first. At least one repair attempt (or 15 of the 30 days) must fall within the manufacturer's written warranty, treated as at least one year or 12,000 miles. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:

  • Repeated repairs: Same nonconformity subject to diagnosis or repair four or more times (at least one during the written warranty) and it continues to exist. For motor homes, three or more times plus a final repair attempt.
  • Serious safety defect: Same serious safety defect subject to diagnosis or repair two or more times (at least one during the written warranty) and it continues to exist, or two or more different serious safety defects each subject to repair one or more times within a 12-month period. For motor homes, one time plus a final repair attempt.
  • Days out of service: Cumulative total of 30 calendar days out of service for diagnosis or repair, at least 15 of them during the written warranty (60 calendar days for motor homes).

As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.

Notice, dispute programs and deadlines

The consumer makes a written request to the manufacturer's corporate, dispute resolution, zone or regional office; the manufacturer then has 40 calendar days to replace or repurchase at the consumer's option. Motor home owners must also send written notice for a final repair attempt.

The consumer must exhaust either the state arbitration board run through the Attorney General (no charge to the consumer) or a manufacturer's 16 CFR Part 703 procedure before suing in superior court. Board decisions bind the manufacturer once the consumer accepts, and either side may seek a trial de novo in superior court.

Deadline: Arbitration must be requested within 30 months from original delivery of the new vehicle (extended for a motor home's final repair attempt). After rejecting a board decision, the consumer has 120 calendar days to file an appeal in superior court.

State resource: Washington State Office of the Attorney General, Lemon Law Administration.

Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

What you can recover

At the consumer's option, a replacement vehicle or repurchase: refund of the purchase price, all collateral charges and incidental costs (for leases, all lease payments, trade-in, deposit and charges), less a use offset of miles before the first repair attempt times purchase price divided by 120,000 (90,000 for motor homes, 25,000 for motorcycles). Yes. The board must award reasonable costs and attorneys' fees in certain cases where the manufacturer was represented by counsel, and a consumer who prevails in a superior court trial de novo recovers attorneys' fees and costs. Many claims are also resolved by a negotiated settlement. See buyback and replacement.

Federal warranty law also applies

The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Washington's lemon law, for example some used vehicles sold with a warranty or a service contract.

Talk to us about your Washington vehicle

SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.

Frequently asked questions

How many repair attempts make a car a lemon in Washington?

Under Wash. Rev. Code ch. 19.118 (RCW 19.118.005 to 19.118.904), the presumption is met when same nonconformity subject to diagnosis or repair four or more times (at least one during the written warranty) and it continues to exist. For motor homes, three or more times plus a final repair attempt. A defect likely to cause death or serious injury has its own test: same serious safety defect subject to diagnosis or repair two or more times (at least one during the written warranty) and it continues to exist, or two or more different serious safety defects each subject to repair one or more times within a 12-month period. For motor homes, one time plus a final repair attempt. The law also counts time in the shop: cumulative total of 30 calendar days out of service for diagnosis or repair, at least 15 of them during the written warranty (60 calendar days for motor homes).

How long do I have to file a lemon law claim in Washington?

Arbitration must be requested within 30 months from original delivery of the new vehicle (extended for a motor home's final repair attempt). After rejecting a board decision, the consumer has 120 calendar days to file an appeal in superior court. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.

Does the Washington lemon law cover used cars?

No used-car lemon law. A subsequent transferee who acquires the vehicle within the eligibility period with the manufacturer's written warranty still in effect is covered. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.

Does the Washington lemon law cover leased vehicles?

Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.

Do I have to notify the manufacturer in Washington?

The consumer makes a written request to the manufacturer's corporate, dispute resolution, zone or regional office; the manufacturer then has 40 calendar days to replace or repurchase at the consumer's option. Motor home owners must also send written notice for a final repair attempt. Keep a copy of anything you send and proof of delivery.

Do I have to go to arbitration in Washington?

The consumer must exhaust either the state arbitration board run through the Attorney General (no charge to the consumer) or a manufacturer's 16 CFR Part 703 procedure before suing in superior court. Board decisions bind the manufacturer once the consumer accepts, and either side may seek a trial de novo in superior court.

Can I recover attorney's fees under the Washington lemon law?

Yes. The board must award reasonable costs and attorneys' fees in certain cases where the manufacturer was represented by counsel, and a consumer who prevails in a superior court trial de novo recovers attorneys' fees and costs. We explain exactly how fees work in your case before you sign anything.

Sources

  1. RCW Chapter 19.118, Motor Vehicle Warranties (Washington State Legislature)
  2. Lemon Law, Washington State Office of the Attorney General

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

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