Washington D.C. (District of Columbia) Lemon Law

DIVISION VIII, TITLE 50, SUBTITLE II.CHAPTER 5

§ 50-501 - Definitions

For the purposes of this chapter, the term:

  1. "Board" means the Board of Consumer Claims Arbitration for the District of Columbia established by § 50-503.
  2. "Consumer" is a person who,
    • buys a vehicle to cover up his/her personal, family, or household needs, rather than for the purpose of resale
    • to whom the motor vehicle is transferred
    • entitled to enforce the obligations of the warranty
  3. "Council" means the Council of the District of Columbia.
  4. "Court" means the Superior Court of the District of Columbia.
  5. "District" means the District of Columbia.
  6. "Known" means the understanding of the condition of a motor vehicle after an inspection from a previous title-holder, from the salesperson at an auction, or through other means.
  7. "Material mechanical defect" means any nonconformity relating to the mechanical system of a motor vehicle, including the engine, transmission and drive shaft, differential, cooling system, electrical system, fuel system, or accessories.
  8. "Mayor" means the Mayor of the District of Columbia.
  9. "Motor vehicle" or "vehicle" means
    • A self-propelled vehicle other than a tractor, farm vehicle, or a vehicle designed primarily for off-road use which has four or more wheels and is used to fulfill personal, family, or household needs
    • A vehicle used for the transportation on public highways
    • A vehicle which is required to be registered or licensed before use or operation.
  10. "New motor vehicle" means an automotive, bought by a resident of District of Columbia, whose title has not been assigned to anyone yet. A vehicle manufactured as a passenger vehicle but doesn’t include a motor home, off-road vehicles, mopeds, motorcycles, or a vehicle having less than four wheels.
  11. "Safety-related defect" means any malfunction that might cause death or serious harm to the body and reduces the operator's ability to control the motor vehicle.
  12. "Significantly impair" means to render the motor vehicle unreliable or unsafe for normal operation or to reduce its resale value below the average resale value for comparable motor vehicles.
  13. "Used motor vehicle" is,
    • A motor vehicle which has been sold out or exchanged for the second time or more
    • A vehicle whose title is already been assigned to a person
  14. "Warranty" means the written or implied warranty of the manufacturer of a motor vehicle.

(Mar. 14, 1985, D.C. Law 5-162, § 2, 32 DCR 160; Mar. 4, 1986, D.C. Law 6-96, § 4(a), 32 DCR 7245.)

§ 50-502 - Consumer's Remedy for Defective Vehicles

  1. If the new motor vehicle is defective and does not conform to all warranties during the first 18,000 miles or within 2 years, then its mandatory for the consumer to inform the manufacturer’s agent about the nonconformity and the manufacturer’s agent should forward the written notice to the manufacturer within 7 days.
  2. If the manufacturer fails in correcting the nonconformity of a motor vehicle after a reasonable number of attempts, then the manufacturer shall replace the motor vehicle with a comparable motor vehicle, or refund the full purchase price, plus all collateral charges less reasonable allowance for use. The reasonable allowance does not exceed 10 cents per mile. Refunds shall be made to the consumer, and the lienholder, if any, as their interests may appear on the records of ownership kept by the Department of Public Works.
  3. It will be an appropriate defense for the manufacturer, if:
    • The nonconformity does not significantly impair the vehicle
    • The nonconformity is due to abuse, ignorance, or unauthorized modifications or alterations of the motor vehicle.
  4. It shall be considered that a number of attempts have been made to conform a motor vehicle to the warranties, if:
    • The manufacturer has attempted to remove the nonconformity 4 or more times, but it still exist
    • The manufacturer has attempted to remove the safety-related nonconformity 1 or more times, but it still exist
    • The manufacturer has taken the vehicle for a cumulative of 30 days or more.
  5. Any natural disaster like, war, invasion, strike, fire, flood can extend the 30-day out-of-service period.
    • Its the responsibility of manufacturer to inform the Department of Public Works that the motor vehicle has been returned by the consumer
    • The Department of Public Works shall note down the fact that the motor vehicle was returned pursuant to this chapter on any certificate of title issued for the motor vehicle
    • According to District of Columbia lemon laws, “a motor vehicle dealer shall state the fact that the motor vehicle was returned pursuant to this chapter in any sales contract for the motor vehicle prior to the signing of the contract by a prospective purchaser”.

(Mar. 14, 1985, D.C. Law 5-162, § 3, 32 DCR 160.)

§ 50-503 - Arbitration

  1. There is established in the Department of Consumer and Regulatory Affairs, a Board of Consumer Claims Arbitration for the District of Columbia. The Board shall consist of 7 members who shall be appointed by the Mayor.
  2. Minimum age limit of the members is 18 years and residents of the District.
  3. Two members shall be attorneys admitted to the practice of law in the District, 1 of whom shall be designated by the Mayor as chairperson of the Board. Two members shall have training and experience in arbitration and mediation. One member shall be the Director of the Department of Consumer and Regulatory Affairs or his or her designee. One member shall have experience or training in representing the interests of consumers. One member shall have experience or training in the manufacture or wholesale or retail sales of consumer goods.
  4. The Mayor shall appoint the initial Board members within 60 days of March 14, 1985. Of the members first appointed, the chairperson and 1 other member shall be appointed for terms of 3 years; 2 members shall be appointed for terms of 2 years; 1 member shall be appointed for a term of 2 years; and 1 member shall be appointed for a term of 1 year. Subsequent appointments shall be for terms of 3 years. This subsection shall not apply to the representative of the Department of Consumer and Regulatory Affairs.
  5. Members of the Board shall be compensated pursuant to § 1-611.08.
  6. The mayor has the right to amend the rules to put the provisions of this section into practice and may establish reasonable fees for the filing of complaints.
  7. As written in District of Columbia lemon laws, “the Board, in accordance with the rules and regulations issued pursuant to subsection (f) of this section, shall provide arbitration for claims filed by consumers against manufacturers, their agents, or dealers pursuant to §§ 50-502 and 50-505; for claims voluntarily filed by consumers against the provider of any consumer goods or services, who agrees to arbitration, pursuant to rules and regulations issued by the Mayor; and for claims filed pursuant to § 31- 2405 by parties agreeing to arbitration pursuant to rules and regulations issued by the Mayor”.
  8. Consumers may file their claims with the Board by filling form which shall be approved by the Mayor.
  9. The board shall within 5 days of the receipt of a claim, may determine whether the claim is valid for arbitration and shall notify the opposing party.
  10. The board will prepare and maintain a list of residents of the State, having a minimum age of 18 years, and experienced in arbitration techniques who may be employed to serve as arbitrators for specific cases.
  11. The board is entitled for the rejection of any claim which is frivolous, fraudulent, or beyond the legal authority of the Board.
  12. The Board shall promptly assign all cases accepted for arbitration to an arbitrator or arbitrators who shall appoint a time and place for a hearing and notify the parties personally or by registered mail not less than 5 days prior to the hearing. Hearings shall be public and shall be recorded electronically.
  13. Both the parties shall be provided a chance to present evidences and witnesses or present oral and written testimony.
  14. The board will issue a writ for the presence of witnesses and for the production of books, records, documents, and other evidence.
  15. Upon application by any party to an arbitration proceeding, or upon its own motion, an arbitrator or arbitration panel may retain independent technical experts as needed to determine the facts in the case. The arbitrator or arbitration panel may assign the costs of the technical experts to 1 or both parties to the case.
    • The arbitrator shall verify whether the defendant is legally responsible to the plaintiff and, if so, shall award the plaintiff relief.
    • The arbitrator shall award the plaintiff any relief available under any other law, and reasonable attorneys' fees. The defendant may be assessed the costs of arbitration as part of any award rendered by the arbitrator or arbitration panel.
    • Judgments of an arbitrator should be in writing and shall be entered by and in the name of the Board.
    • Judgments shall be entered no later than 60 days from the date the Board accepts a case for arbitration.
    • The arbitrator shall specify a time frame for compliance.
    • The board shall promptly provide a copy of the decision to each party.
  17. The Board or any party to a case may petition the court to issue an order compelling compliance with a decision by the Board.
    1. Both the parties have the right to re-petition the case within 20 days after receipt of the Board's decision.
    2. After receiving the petition, the court shall first look the validity of the arbitration proceeding and shall vacate an arbitration award upon a finding that:
      • The award was procured by corruption, fraud, or other misconduct in violation of law
      • The arbitrator or arbitration panel exceeded its powers
      • The arbitrator or arbitration panel failed to conform to the rules and regulations issued pursuant to this chapter, and the failure to conform prejudiced the rights of a party to the complaint
      • The award is based on a numerical error or other error of fact which the Board has failed to correct.
  19. According to District of Columbia lemon laws, “if the court determines the arbitration process was valid but grants the petition for a trial de novo on other grounds, the decision of the Board shall be admissible as evidence and shall be presumed correct”.

(Mar. 14, 1985, D.C. Law 5-162, § 4, 32 DCR 160; Mar. 4, 1986, D.C. Law CREDIT 6-96, § 4(b), 32 DCR 7245; Feb. 24, 1987, D.C. Law 6-192, § 16, 33 DCR 7836; June 12, 1999, D.C. Law 12-285, § 4(h), 46 DCR 1355.)

§ 50-504 - Disclosure of Rights

  1. Its a manufacturer’s responsibility to provide a written notification of the rights provided to the consumers.
  2. The Mayor defines the format and rules and regulations of the notification.
  3. Any agreement entered into by a consumer for the purchase of a motor vehicle which waives, limits, or disclaims the rights set forth in this chapter shall be void. These rights shall inure to a subsequent transferee of the motor vehicle.

(Mar. 14, 1985, D.C. Law 5-162, § 5, 32 DCR 160.)

§ 50-505 - Disclosure of Damages or Defects in Used Motor Vehicles; Violations; Penalties

  1. No motor vehicle can be resold within the state unless it contains:
    • A written notification of the defects or damages for which the cost of repairs exceeded $1,000, when the dealer comes to know about the defect.
    • A written notification of the inspections done by the dealer
  2. A dealer shall pay the following penalties if he fails in providing written notification required by this section:
    • A fine of not less than $300 or more than $1,000 for a first offense; and
    • A fine of not less than $1,000 or more than $5,000, or suspension or revocation of the license issued pursuant to § 300 of the Vehicles and Traffic Regulations (18 DCMR 300.1 et seq.), or both, for a second or subsequent offense.
  3. The purchaser of a used motor vehicle shall have a right of action against a used motor vehicle dealer for damages or injuries sustained as a result of the dealer's failure to comply with the requirements of this section. The purchaser, in order to seek the remedies provided by this section, shall first submit a claim to the Board. If the Board rejects the case for arbitration, or if the claim is arbitrated and the purchaser rejects the arbitration decision, the purchaser may then bring an action in court to seek the remedies provided by this section.
  4. Violations of this section shall be prosecuted in the name of the District of Columbia by the Corporation Counsel of the District of Columbia.
  5. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or the rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.

(Mar. 14, 1985, D.C. Law 5-162, § 6, 32 DCR 160; Oct. 5, 1985, D.C. Law 6-42, § 402, 32 DCR 4450.)

§ 50-506 - Listing of Odometer Readings

The Department of Public Works notes down the odometer readings at the time of transfer of registration on the title of all motor vehicles registered in the District.

(Mar. 14, 1985, D.C. Law 5-162, § 8, 32 DCR 160.)

§ 50-507 - Other Rights or Remedies; Limitations on Actions

  1. This chapter doesn’t limit the rights assigned to the consumers
  2. Any action brought in accordance with this chapter shall be initiated within 4 years of the date of delivery of the motor vehicle to the consumer.

(Mar. 14, 1985, D.C. Law 5-162, § 9(b), (c), 32 DCR 160.)

§ 50-508 - Rules and Regulations

The Mayor has the right to amend and issue rules and regulations to enforce the provisions of this chapter.

(Mar. 14, 1985, D.C. Law 5-162, § 10, 32 DCR 160.)

§ 50-509 - Provision for Alternative Arbitration System

As stated in District of Columbia lemon laws, “if the arbitration system established pursuant to § 50-503 cannot consistently handle complaints during the 60-day period as required by § 50-503(q)(4), and if the administration of the arbitration system results in expenditures beyond the sums budgeted annually for the program, the Mayor may certify an alternative arbitration system that complies with this chapter and rules issued to implement this chapter”.

(Mar. 14, 1985, D.C. Law 5-162, § 11, 32 DCR 160.)

§ 50-510 - Suspension of Enforcement

Despite of any other requirements of District law, implementation of this chapter by the Department of Consumer and Regulatory Affairs is suspended until October 1, 2000.