Washington Lemon Laws

The statutes of Washington lemon laws are:

Title 19 Chapter 118 RCW - Motor Vehicle Warranties

RCW 19.118.005

Legislative Intent

The Washington lemon law legislature acknowledges that today most of the problems are associated with the motor vehicles as it is a major consumer purchase, and there is no doubt that a defective motor vehicle creates hardships for the consumer. The legislature further asserts that good cooperation and communication between a manufacturer and a new motor vehicle dealer will considerably increase the likelihood that a new motor vehicle will be repaired after a reasonable number of attempts. The legislature also aims that the consumer is made aware of his or her rights under this chapter and is not refused information, documents, or service that would otherwise impede the consumer from exercising all that fall in his or her rights.

In, the legislature, in providing all appropriate blend of private and public remedies necessary to enforce this chapter shall carry out complete measures and take all possible steps to create such remedies, such that a manufacturer will be sufficiently persuaded to only make such procedures that shall be required to improve quality control and allow the consumers to avail any other better warranty services for their vehicles which are available and sold in the state.

[1987 c 344 § 1.]

RCW 19.118.010

Motor Vehicle Manufacturers - Express Warranties - Service and Repair Facilities

This Washington lemon law states that it is obligatory for every firm that manufactures motor vehicles and sells them in this state has to make an express warranty and under that expressed warranty he shall provide in the state all the sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold. As a means of acting in accordance with this section, it is an option that a manufacturer can avail being a part of warranty service contracts with repair facilities and independent service.

[1983 c 240 § 1.]

RCW 19.118.021

Definitions

The following words in the context through out this chapter are defined as:

Board shall mean a panel which will act as arbitrator for any disagreement between manufacturer and consumer.

Collateral charges are any charges that are related to sales or lease. These charges would also include but not necessarily limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment penalties, credit disability and credit life insurance costs not otherwise refundable, any other insurance costs prorated for time out of service, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rust proofing, or factory/dealer installed options.

Condition means any problem with the motor vehicle on broad spectrum. This problem may be as a result of malfunction of the parts, their improper installation by the dealer of the vehicle or its manufacturer.

Consumer shall be defined as any person who signs an agreement or a contract for the transfer, lease, or purchase of a new motor vehicle during the duration of the warranty period defined under this section. This vehicle should be used for purposes other than resale or sublease.

Court is the superior court in the county where the consumer resides and can make any petition. In case if the consumer doesn’t reside in this state then the superior court will be considered of that county where an arbitration hearing or determination was conducted or made pursuant to this chapter.

Incidental cost shall define all those expenses that are incurred by the consumer against any repair that he made of the motor vehicle. These charges may include towing charges or any other alternative transportation cost that might has incurred.

Manufacturer is any person who constructs, manufactures or assembles new motor vehicles or is engaged in the business of importing new motor vehicles into country for selling and distributing purposes or may be distributing it to the car dealers. This definition leaves out all those persons who are engaged in the business of set-up and repair of motorcycles other than construction or assembling.

Motorcycle is the motor vehicle with two wheels or is defined in RCW 46.04.330 which has an engine displacement of at least seven hundred fifty cubic centimeters.

The term Motor home shall mean a unit that is designed in the shape of quarter that serves the need to provide temporary living quarters for recreational, camping, or travel use. Motor home must be built on permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that makes it a proper complete vehicle for all such purposes.

Motor home manufacturer is classified in three categories which may be explained as:

First stage manufacturer is a person who does the initial works on the vehicle that is incomplete such as chassis, chassis cabs, or vans that are directly warranted by the first stage manufacturer to the consumer, and are completed by a final stage manufacturer into a motor home.

Component manufacturer, as obvious from its name, is a person who makes the parts those are used in the manufacture completion of a chassis, chassis cab, or van that is completed into a motor home and whose components are directly warranted by the component manufacturer to the consumer.

Final stage manufacturer is a person who does the final task of assembling, installing or permanently affixing a body, cab, or equipment to an incomplete new motor vehicle such as a chassis, chassis cab, or van provided by a first stage manufacturer, to complete the vehicle into a motor home.

New motor vehicle is any new self-propelled vehicle, including a new motorcycle, primarily designed for the transportation of persons or property over the public highways that was originally purchased or leased at retail from a new motor vehicle dealer or leasing company in this state, and that was initially registered in this state or for which a temporary motor vehicle license was issued pursuant to RCW 46.16.460, but does not include vehicles purchased or leased by a business as part of a fleet of ten or more vehicles at one time or under a single purchase or lease agreement. If the motor vehicle is a motor home, this chapter shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space. The term “new motor vehicle” does not include trucks with nineteen thousand pounds or more gross vehicle weight rating. The term “new motor vehicle” includes a demonstrator or lease-purchase vehicle as long as a manufacturer's warranty was issued as a condition of sale.

New motor vehicle dealer is a person who has an agreement with a manufacturer or is engaged in a business of selling, servicing, and exchanging of new motor vehicles. A new motor vehicle dealer must possess a license and works under Washington lemon law for dealing in new motor vehicles.

Nonconformity is normally a defect which is discovered in the motor vehicle and that defect substantially impairs the use, value or safety of a motor vehicle. Non-conformity shall not include a defect that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.

Purchase price means the cash price of the new motor vehicle appearing in the sales agreement or contract.

Reasonable offset for use is as similar in meaning as provided in RCW 19.118.041(1)(c) for a new motor vehicle and not a new motorcycle. In case of a new motorcycle the offset shall be computed by the number of traveled miles before the manufacturer's acceptance of the vehicle upon repurchase or replacement multiplied by the purchase price, and divided by twenty-five thousand.

Reasonable number of attempts means the definition provided in RCW 19.118.041.

Replacement motor vehicle means a new motor vehicle that is similar or reasonably equivalent to the motor vehicle that is intended for the replacement, likewise the motor vehicle to be replaced existed at the time of original purchase or lease. This shall include all previously made promises in terms of service contract, rust proofing, and factory or other dealer options

Serious safety defect means a defect that is a serious life-threatening failure or nonconformity that doesn’t allow the consumer's to operate the new motor vehicle for his or her ordinary use and the malfunction can cause a risk of fire or explosion if the motor vehicle was further used.

Subsequent transferee, as defined in this section, means that a consumer who gets the hold of a motor vehicle, within the warranty period and a written warranty that is applicable to the motor vehicle and the motor vehicle was found in compliance with the definition of new motor vehicle at the time of lease or original retail sale.

Substantially impair means that a new motor vehicle was found unreliable for normal use, or it was seen unsafe or was found that the condition of the vehicle to render the new motor vehicle unreliable, or unsafe for ordinary use, or to decreased the resale value of the new motor vehicle below the market prevailed average resale value compared to other vehicles.

Warranty means any assurance in which the producer of the product will offer services for any defect that’s found as a logical consequence of a defect. It is any written warranty of the manufacturer, or any affirmation of fact or promise made by the manufacturer after selling a new motor vehicle that serves basis of the bargain. The term "warranty" refers to the responsibilities of the manufacturer, as defined in this section, in terms of materials, skills, and fitness of a new motor vehicle for common use or practically intended reasons passim the length of time defined in the warranty.

Warranty period means the time period in which a new motor vehicle’s defect shall be repaired free of cost by the manufacturer or it is the ending two years after the date of the original delivery to the consumer of a new motor vehicle. It could also be on the basis of mileage that is the first twenty-four thousand miles of operation, whichever occurs first.

[1998 c 298 § 2; 1995 c 254 § 1; 1990 c 239 § 1; 1989 c 347 § 1; 1987 c 344 § 2.]

RCW 19.118.031

Manufacturers and New Motor Vehicle Dealers - Responsibilities to Consumers - Extension of Warranty Period

According to Washington lemon law RCW 19.118.031,

  1. The law entitles the manufacturer to publish an owner's manual and provide it to the new motor vehicle dealer or leasing company. The owner's manual shall be comprised a list of the addresses and phone numbers for the manufacturer's customer assistance division, or zone or regional offices. A manufacturer along with the manual shall also provide to the new motor vehicle dealer or leasing company all related and valid manufacturers’ written warranties. The dealer or leasing company shall then hand over the owner's manual and applicable written warranties as provided by a manufacturer to the consumer, at the time of original retail sale or lease.
  2. When the consumer is buying the vehicle, the new motor vehicle dealer shall provide him with a written statement that explains the consumer's rights under this chapter. The written statement shall be prepared and supplied by the attorney general and must have a toll-free number for the convenience of the consumer and can easily approach the attorney general for information regarding the procedures and remedies under this chapter.
  3. If a new motor vehicle does not fall in accordance to the warranty and the consumer reports the nonconformity during the term of the warranty period or the period of coverage of the applicable manufacturer's written warranty, whichever is less, to the manufacturer, its agent, or the new motor vehicle dealer who sold the new motor vehicle, the manufacturer, its agent, or the new motor vehicle dealer shall make repairs as are necessary to conform the vehicle to the warranty, regardless of whether such repairs are made after the expiration of the warranty period. The bills of all the repair work shall be cleared by the dealer to the manufacturer in the same manner as other work under the manufacturer's written warranty is billed. In order to make the process convenient for consumers, the manufacturer's written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever comes first.
  4. If the consumer make a request for the having a copy of any report, the manufacturer or new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's field or zone representative about assessment, diagnosis, or test-drive of the consumer's new motor vehicle, or shall provide a copy of any technical service bulletin issued by the manufacturer regarding the year and model of the consumer's new motor vehicle as it pertains to any material, feature, component, or the performance thereof.
  5. If the consumer visits the new motor vehicle dealer for the purpose of vehicle diagnose or repair under a warranty, he shall provide a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle which includes but not limited to, a broad-spectrum of description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the vehicle was submitted for repair along with the date when the vehicle was made available to the consumer.
  6. This chapter doesn’t allow manufacturer, agent, or the new motor vehicle dealer to refuse diagnose or repair of any nonconformity that is covered by the warranty for the purpose of avoiding liability.
  7. For the convenient factor meant for the consumer under this chapter, the consumers shall have the rights and remedies, including a cause of action, against manufacturers as stated in this chapter.
  8. There shall be a substantial extension in the warranty period and thirty-day out-of-service period, and sixty-day out-of-service period in the case of a motor home. This extension shall be made by any time that repair services are not available to the consumer as a direct result of any natural disaster like strike, war, invasion, fire, flood, or other natural disaster.

[1998 c 298 § 3; 1995 c 254 § 2; 1987 c 344 § 3.]

RCW 19.118.041

  1. As defined in Washington lemon law statutes, if the manufacturer, its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within forty calendar days of a consumer's written request to the manufacturer's corporate, dispute resolution, zone, or regional office address shall, at the option of the consumer, replace or repurchase the new motor vehicle.
    1. The replacement motor vehicle shall be identical or reasonably equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options. Where the manufacturer supplies a replacement motor vehicle, the manufacturer shall be responsible for sales tax, license, registration fees, and refund of any incidental costs. Compensation for a reasonable offset for use shall be paid by the consumer to the manufacturer in the event that the consumer accepts a replacement motor vehicle.
    2. When repurchasing the new motor vehicle, the manufacturer shall refund to the consumer the purchase price, all collateral charges, and incidental costs, less a reasonable offset for use. When repurchasing the new motor vehicle, in the instance of a lease, the manufacturer shall refund to the consumer all payments made by the consumer under the lease including but not limited to all lease payments, trade-in value or inception payment, security deposit, all collateral charges and incidental costs less a reasonable offset for use. The manufacturer shall make such payment to the lessor and/or lienholder of record as necessary to obtain clear title to the motor vehicle and upon the lessor's and/or lienholder's receipt of that payment and payment by the consumer of any late payment charges, the consumer shall be relieved of any future obligation to the lessor and/or lienholder.
    3. The reasonable offset for use shall be computed by multiplying the number of miles that the vehicle traveled directly attributable to use by the consumer times the purchase price, and dividing the product by one hundred twenty thousand, except in the case of a motor home, in which event it shall be divided by ninety thousand. However, the reasonable offset for use calculation total for a motor home is subject to modification by the board by decreasing or increasing the offset total up to a maximum of one-third of the offset total. The board may modify the offset total in those circumstances where the board determines that the wear and tear on those portions of the motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space are significantly greater or significantly less than that which could be reasonably expected based on the mileage attributable to the consumer's use of the motor home. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the consumer selects repurchase of the motor vehicle, "the number of miles that the vehicle traveled" shall be calculated from the date of purchase or lease by the consumer. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the consumer selects replacement of the motor vehicle, "the number of miles that the vehicle traveled" shall be calculated from the original purchase, lease, or in-service date.
  2. Reasonable number of attempts, except in the case of a new motor vehicle that is a motor home acquired after June 30, 1998, shall be deemed to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer to conform the new motor vehicle to the warranty within the warranty period, if: (a) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the period of coverage of the applicable manufacturer's written warranty, and the serious safety defect continues to exist; (b) the same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the period of coverage of the applicable manufacturer's written warranty, and the nonconformity continues to exist; or (c) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of thirty calendar days, at least fifteen of them during the period of the applicable manufacturer's written warranty. For purposes of this subsection, the manufacturer's written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
    1. In the case of a new motor vehicle that is a motor home acquired after June 30, 1998, a reasonable number of attempts shall be deemed to have been undertaken by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers to conform the new motor vehicle to the warranty within the warranty period, if: (i) The same serious safety defect has been subject to diagnosis or repair one or more times during the period of coverage of the applicable motor home manufacturer's written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the serious safety defect continues to exist; (ii) the same nonconformity has been subject to repair three or more times, at least one of which is during the period of coverage of the applicable motor home manufacturer's written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the nonconformity continues to exist; or (iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of sixty calendar days aggregating all motor home manufacturer days out of service, and the motor home manufacturers have had at least one opportunity to coordinate and complete an inspection and any repairs of the vehicle's nonconformities after receipt of notification from the consumer as provided for in (c) of this subsection. For purposes of this subsection, each motor home manufacturer's written warranty must be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
    2. In the case of a new motor vehicle that is a motor home, after one attempt has been made to repair a serious safety defect, or after three attempts have been made to repair the same nonconformity, the consumer shall give a written notification of the need to repair the nonconformity to each of the motor home manufacturers at their respective corporate, zone, or regional office addresses to allow the motor home manufacturers to coordinate and complete a final attempt to cure the nonconformity. The motor home manufacturers each have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. The motor home manufacturers have a cumulative total of thirty days, commencing upon delivery of the vehicle to the designated repair facility by the consumer, to conform the vehicle to the applicable motor home manufacturer's written warranty. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to a final attempt to cure the nonconformity.
    3. In the case of a new motor vehicle that is a motor home, if the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers for a cumulative total of thirty or more days aggregating all motor home manufacturer days out of service, the consumer shall so notify each motor home manufacturer in writing at their respective corporate, zone, or regional office addresses to allow the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers an opportunity to coordinate and complete an inspection and any repairs of the vehicle's nonconformities. The motor home manufacturers have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. Once the buyer delivers the vehicle to the designated repair facility, the inspection and repairs must be completed by the motor home manufacturers either (i) within ten days or (ii) before the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for sixty days, whichever time period is longer. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to at least one opportunity to inspect and repair the vehicle's nonconformities after receipt of notification from the buyer as provided for in this subsection (3)(c).
  4. No new motor vehicle dealer may be held liable by the manufacturer for any collateral charges, incidental costs, purchase price refunds, or vehicle replacements. Manufacturers shall not have a cause of action against dealers under this chapter. Consumers shall not have a cause of action against dealers under this chapter, but a violation of any responsibilities imposed upon dealers under this chapter is a per se violation of chapter 19.86 RCW. Consumers may pursue rights and remedies against dealers under any other law, including chapters 46.70 and 46.71 RCW. Manufacturers and consumers may not make dealers parties to arbitration board proceedings under this chapter.

[1998 c 298 § 4; 1995 c 254 § 3; 1989 c 347 § 2; 1987 c 344 § 4.]

RCW 19.118.061

Vehicle with Nonconformities or Out of Service - Notification of Correction - Resale or Transfer of Title - Issuance of a New Title - Disclosure to Buyer - Intervening Transferor

  1. As stated in the Washington lemon law, a manufacturer shall be prohibited from reselling any motor vehicle determined or adjudicated as having a serious safety defect unless the serious safety defect has been corrected and the manufacturer warrants upon the first subsequent resale that the defect has been corrected.
  2. Before any sale or transfer of a vehicle that has been replaced or repurchased by the manufacturer that was determined or adjudicated as having a nonconformity or has been out of service for thirty or more calendar days, or sixty or more calendar days in the case of a motor home, under this chapter, the manufacturer shall:
    1. Notify the attorney general and the department of licensing, by certified mail or by personal service, upon receipt of the motor vehicle;
    2. Attach a resale disclosure notice to the vehicle in a manner and form to be specified by the attorney general. Only the retail purchaser may remove the resale disclosure notice after execution of the disclosure form required under subsection (3) of this section; and
    3. Notify the attorney general and the department of licensing if the nonconformity in the motor vehicle is corrected.
  3. Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle, which was previously returned after a final determination, adjudication, or settlement under this chapter or under a similar statute of any other state, the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of said final determination, adjudication or settlement, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity in a manner to be specified by the attorney general, and the department of licensing shall place on the certificate of title information indicating the vehicle was returned under this chapter.
  4. Upon receipt of the manufacturer's notification under subsection (2) of this section that the nonconformity has been corrected and upon the manufacturer's request and payment of any fees, the department of licensing shall issue a new title with information indicating the vehicle was returned under this chapter and that the nonconformity has been corrected. Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle, as provided under subsection (2)(c) of this section, the manufacturer shall warrant upon the resale that the nonconformity has been corrected, and the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of the corrected nonconformity, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity and indicating that it has been corrected in a manner to be specified by the attorney general.
  5. After repurchase or replacement and following a manufacturer's receipt of a vehicle under this section and prior to a vehicle's first subsequent retail transfer by resale or lease, any intervening transferor of a vehicle subject to the requirements of this section who has received the disclosure, correction and warranty documents, as specified by the attorney general and required under this chapter, shall deliver the documents with the vehicle to the next transferor, purchaser or lessee to ensure proper and timely notice and disclosure. Any intervening transferor who fails to comply with this subsection shall, at the option of the subsequent transferor or first subsequent retail purchaser or lessee:
    1. Indemnify any subsequent transferor or first subsequent retail purchaser for all damages caused by such violation; or
    2. Repurchase the vehicle at the full purchase price including all fees, taxes and costs incurred for goods and services which were included in the subsequent transaction.

[1998 c 298 § 5; 1995 c 254 § 4; 1989 c 347 § 3; 1987 c 344 § 5.]

RCW 19.118.070

Remedies

According to the Washington lemon law, the remedies provided under this chapter could be increasing by successive addition and are not limited to this extent, a party can request for any other remedies that s/he thinks are available and provided by law.

[1983 c 240 § 7.]

RCW 19.118.080

New Motor Vehicle Arbitration Boards - Board Proceedings - Prerequisite to Filing Action in Superior Court

  1. With the exception of provision as provided in RCW 19.118.160, the attorney general shall make an agreement with other private entities to carry out the arbitration proceedings in order to settle disputes between consumers and manufacturers as provided in this chapter. Each private entity shall constitute a new motor vehicle arbitration board for purposes of this chapter. The entities shall not be affiliated with any manufacturer or new motor vehicle dealer and shall make available the services of persons with automotive technical expertise to assist in resolving disputes under this chapter. No private entity or its officers or employees conducting board proceedings and no arbitrator presiding at such proceedings shall be directly involved in the manufacture, distribution, sale, or warranty service of any motor vehicle. Payment to the entities for the arbitration services shall be made from the new motor vehicle arbitration account.
  2. It is only in the authority of the attorney general who shall adopt rules for the uniform conduct of the arbitrations by the boards whether conducted by a private entity or by the attorney general pursuant to RCW 19.118.160, which rules shall include but not be limited to the following procedures:
    1. If it is not done by the both the parties’ agreement and arbitration was required then at all arbitration proceedings, the parties are entitled to present oral and written testimony, to present witnesses and evidence relevant to the dispute, to be placed before by counsel.
    2. A dealer, manufacturer, or other persons shall produce records and documents requested by a party which are reasonably related to the dispute. If a dealer, manufacturer, or other person refuses to comply with such a request, a party may present a request to the board for the attorney general to issue a subpoena on behalf of the board.

      The subpoena shall be issued only for the production of records and documents which the board has determined are reasonably related to the dispute, including but not limited to documents described in RCW 19.118.031 (4) or (5).

      If a party fails to comply with the subpoena, the arbitrator may at the outset of the arbitration hearing impose any of the following sanctions:
      • Find that the matters which were the subject of the subpoena, or any other designated facts, shall be taken to be established for purposes of the hearing in accordance with the claim of the party which requested the subpoena;
      • Refuse to allow the disobedient party to support or oppose the designated claims or defenses, or prohibit that party from introducing designated matters into evidence;
      • Strike claims or defenses, or parts thereof; or
      • Render a decision by default against the disobedient party.

      If a nonparty fails to comply with a subpoena and upon an arbitrator finding that without such compliance there is insufficient evidence to render a decision in the dispute, the attorney general shall enforce such subpoena in superior court and the arbitrator shall continue the arbitration hearing until such time as the nonparty complies with the subpoena or the subpoena is declared invalid.

    3. A party may obtain written affidavits from employees and agents of a dealer, a manufacturer or other party, or from other potential witnesses, and may submit such affidavits for consideration by the board.
    4. Records of the board proceedings shall be open to the public. The hearings shall be open to the public to the extent practicable.
    5. Where the board proceedings are conducted by one or more private entities, a single arbitrator may be designated to preside at such proceedings.
  3. A consumer shall exhaust the new motor vehicle arbitration board remedy or informal dispute resolution settlement procedure under RCW 19.118.150 before filing any superior court action.
  4. The attorney general shall maintain records of each dispute submitted to the new motor vehicle arbitration board, including an index of new motor vehicles by year, make, and model.
  5. The attorney general shall compile aggregate annual statistics for all disputes submitted to, and decided by, the new motor vehicle arbitration board, as well as annual statistics for each manufacturer that include, but shall not be limited to, the number and percent of: (a) Replacement motor vehicle requests; (b) purchase price refund requests; (c) replacement motor vehicles obtained in prehearing settlements; (d) purchase price refunds obtained in prehearing settlements; (e) replacement motor vehicles awarded in arbitration; (f) purchase price refunds awarded in arbitration; (g) board decisions neither complied with during the forty calendar day period nor petitioned for appeal within the thirty calendar day period; (h) board decisions appealed categorized by consumer or manufacturer; (i) the nature of the court decisions and who the prevailing party was; (j) appeals that were held by the court to be brought without good cause; and (k) appeals that were held by the court to be brought solely for the purpose of harassment. The statistical compilations shall be public information.
  6. The attorney general shall adopt rules to implement this chapter. Such rules shall include uniform standards by which the boards shall make determinations under this chapter, including but not limited to rules which provide:
    1. A board shall find that a nonconformity exists if it determines that the consumer's new motor vehicle has a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of the vehicle.
    2. A board shall find that a reasonable number of attempts to repair a nonconformity have been undertaken if: (i) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the period of coverage of the applicable manufacturer's written warranty, and the serious safety defect continues to exist; (ii) the same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the period of coverage of the applicable manufacturer's written warranty, and the nonconformity continues to exist; or (iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of thirty calendar days, at least fifteen of them during the period of the applicable manufacturer's written warranty. For purposes of this subsection, the manufacturer's written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
    3. A board shall find that a manufacturer has failed to comply with RCW 19.118.041 if it finds that the manufacturer, its agent, or the new motor vehicle dealer has failed to correct a nonconformity after a reasonable number of attempts and the manufacturer has failed, within forty days of the consumer's written request, to repurchase the vehicle or replace the vehicle with a vehicle identical or reasonably equivalent to the vehicle being replaced.
  7. The attorney general shall provide consumers with information regarding the procedures and remedies under this chapter.

[1998 c 245 § 7; 1995 c 254 § 5; 1989 c 347 § 4; 1987 c 344 § 6.]

RCW 19.118.090

Request for Arbitration - Eligibility - Rejection - Manufacturer's Response - Remedies - Defenses - Acceptance or Appeal

  1. Under this chapter a consumer may ask for arbitration by submitting the request to the attorney general. In a time span of ten days after the consumer requests for the arbitration, the attorney general shall determine the cause of the request for arbitration and provide necessary information to the consumer that are required about consumer’s rights and remedies as discussed in this chapter. The attorney general then shall hand over the dispute to a board, if the attorney general finds out that the dispute cannot be resolved by arbitration board, the attorney general may decline to submission of dispute to the board and shall explain any required procedures to the consumer.
  2. The article states that all manufacturers shall present themselves to arbitration if consumer requests such arbitration within thirty months from the date of the original delivery of the new motor vehicle to a consumer at retail and if the consumer's dispute is considered arbitration worthy by the board whereas if the vehicle is a motor home, there will be extension in the amount of thirty-month period till the motor home manufacturers complete the final repair attempt at the designated repair facility as provided for in RCW 19.118.041(3)(b).
  3. If the new motor vehicle arbitration board observed that the case is fraudulent, playful or filed in bad faith, the board may reject the case. The board shall consider any such case ineligible for arbitration if there were found insufficient evidence at the time of submission of other information or documents regarding the dispute that would supposedly qualify for liberation of the issue under this chapter. Considering the party’s significance the board may go for the second review but may reject it as well if the evidence provided is still clearly insufficient to qualify the dispute for relief under this chapter. A rejection by the board is subject to review by the attorney general or may be appealed under RCW 19.118.100.

    The board can therefore reject any dispute for arbitration. For this purpose the reason must be briefly explained and the rejection shall be sent by certified mail to both the consumer and the manufacturer.

  4. When a consumer requests for the arbitration, the manufacturer is opt to complete a written manufacturer response to respective request for arbitration. This process of response to the consumer and the board shall take place with in ten calendar days from the date of the manufacturer's receipt of the board's notice of acceptance of a dispute for arbitration. The manufacturer response shall include all issues and positive defenses in connection to the nonconformities identified in the consumer's request for arbitration and as a result the manufacturer proposes to raise at the arbitration hearing.

  5. If the arbitration board finds that there prevails a nonconformity and that a reasonable number of attempts have been undertaken to correct it, the arbitration board shall award the remedies under RCW 19.118.041 and also the board shall refund the incurred costs of the consumer including lawyer’s fees and the manufacturer has been directly represented by counsel: (a) In dealings with the consumer in response to a request to repurchase or replace under RCW 19.118.041; (b) in settlement negotiations; (c) in preparation of the manufacturer's statement; or (d) at an arbitration board hearing or other board proceeding.

    If the arbitration is related to a motor home, the board shall apportion liability among the motor home manufacturers.

  6. This chapter is aimed to affirmatively defense the right of the manufacturer and manufacturer is not covered under the consumers claim if: (a) The suspected nonconformity does not significantly damage the use, value, or safety of the new motor vehicle; or (b) the alleged nonconformity is caused due to the self abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle.

  7. In normal circumstances, the board shall do the proceedings of dispute that is requested by consumer with in forty-five calendar days from the request date. In case the board finds out that additional information is necessary, the board may continue the arbitration proceeding on a subsequent date within ten calendar days of the initial hearing. The board is then authorized to decide the dispute within sixty calendar days from the date the board receives the consumer's request for arbitration.

    The board’s decision shall be sent to consumer or manufacturer by personal services or certified mail, the mail in either case shall contain a written finding of whether the new motor vehicle covers the standards that has been decided in accordance to this chapter.

  8. It is in favor of consumer that he may accept the decision of arbitration board or request petition to superior court, pursuant to RCW 19.118.100. Only if consumer shows his agreement, the arbitration board decision shall become final. After the board’s decision is finalized, the consumer shall send written notification of acceptance or rejection to the arbitration board within sixty days of receiving the decision. The board shall then immediately deliver a copy of the consumer's acceptance to the manufacturer by certified mail, return receipt requested, or by personal service. In case the consumer fails to respond to the arbitration board within sixty calendar days of receiving, the decision shall be considered a rejection of the decision by the consumer. The consumer again has a relaxation of one hundred twenty calendar days from the date of rejection to file a petition of appeal in superior court. At the time the petition of appeal is filed, the consumer shall let the case in awareness of attorney general and deliver him a conformed copy of such petition by certified mail or personal service.
  9. As the acceptance of the decision is acknowledged by consumer, the manufacturer shall within forty calendar days have to comply with the arbitration board decision or thirty calendar days to file a petition of appeal in superior court. If the manufacturer chooses to request for petition, he shall deliver, by certified mail or personal service, a conformed copy of such petition to the attorney general. At the time the attorney general gets no notice of petition of appeal in hand after forty calendar days, the attorney general has the authority to further the process and verify compliance.

[1998 c 298 § 6; 1995 c 254 § 6; 1989 c 347 § 5; 1987 c 344 § 7.]

RCW 19.118.095

Arbitration Decision - Compliance - Accomplishment - Dispute - Failure - Fine - Costs - Attorneys' Fees

  1. It is important that the agreement that is made with an arbitration board decision as discussed under this chapter must be accomplished at a time, place, and in a manner that is completely determined by the mutual consent of the consumer and manufacturer.
    1. For consumer he is complied to provide the motor vehicle to the manufacturer free of any damage other than that is entitled to any nonconformity, defect, or condition to which a warranty applied, or that can reasonably be expected in the use of the vehicle for ordinary or reasonably intended purposes and in consideration of the mileage attributable to the consumer's use. If there existed any other damages with the vehicle that is covered under insurance, Any insurance claims or settlement proceeds for repair of damage to the vehicle due to fire, theft, vandalism, or collision must be assigned to the manufacturer or, it is the option of the consumer that he fixes the vehicle before making it available or returning it to the manufacturer.

      The consumer is not permissible to take out any equipment or option that was a part of the original purchase or lease of the vehicle otherwise he will be asked for the repurchase or replacement award whereas in case the consumer takes out that equipment that is not included in the original purchase or lease, the consumer shall take cautious measures to avoid further damage to the vehicle but is not necessarily supposed to get the vehicle back to the manufacturer to the original condition.

    2. when the arbitration board decides in the favor of the consumer that the manufacturer shall awards repurchase to the consumer, the manufacturer shall make full payment to the consumers and either the lessor or lienholder, or both, or provide verification to the consumer of prior payment to either the lessor or lienholder, or both.

      At the instant of agreement with the decision of arbitration board that awards replacement of vehicle, the manufacturer shall provide the replacement vehicle plus any other refund of incidental costs to the consumer.

    3. A party, before the agreement has been indicated, may forward a request to the board for the resolution of disputes and misunderstanding that is related to compliance with the arbitration board decision. This has no limits of time and place for compliance, condition of the vehicle to be returned, clarification or recalculation of refund amounts under the award, or a determination if an offered vehicle is of the same value to the one that is being replaced. Once the board makes the decision for the purpose of resolving the issue, the board may not proceed any changes or alteration in the decision made forth neither may extend the time for compliance beyond the time that has been specified for the dispute resolution.
    4. If the consumer failed to make the vehicle available within sixty calendar days in response to a manufacturer's unconditional tender of compliance is deemed as a rejection of the arbitration decision by the consumer, except as provided in (c) of this subsection or subsection (2) of this section.
  2. In case it happened that the forty calendar day period was over and neither compliance with nor a petition to appeal the board's decision has come about, the attorney general may penalize the manufacturer by either imposing a fine of up to one thousand dollars per day until any agreement occurs or a wholesome penalty of one hundred thousand dollars unless the manufacturer is able to provide clear and convincing evidence that any persistent delay or failure was beyond its control or the consumer showed his consent and the manufacturer has a written statement signed by the consumer. If the manufacturer is unable to provide the evidence or fails to pay the fine, the attorney general is authorized to start the legal proceedings against the manufacturer as he failed to pay any fine that accrues until compliance with the board's decision occurs or the maximum penalty of one hundred thousand dollars results. If the attorney general prevails in an enforcement action regarding any fine imposed under this subsection, the attorney general is entitled to reasonable costs and attorneys' fees. Fines and recovered costs and fees shall be returned to the new motor vehicle arbitration account.

[1995 c 254 § 8.]

RCW 19.118.100

Trial de Novo - Posting Security - Recovery

  1. It is in the favor of both the consumer and the manufacturer that they may request a trial from beginning of the arbitration decision that is made in superior court. The decision may include a rejection as well.
  2. If the manufacturer makes a request, the court may require the manufacturer to place security for financial loss that the consumer has incurred due to the passage of time for review.
  3. If the consumer endure, the recovery of vehicle shall include the monetary value of the award, lawyer’s fees and costs that is incurred due to action in superior court, and, in case the board awarded the consumer replacement or repurchase of the vehicle and the manufacturer did not comply, the manufacturer will bear damages stating the amount of twenty-five dollars per day for all days beyond the forty calendar day period after acquiring a manufacturer's receipt of the consumer's acceptance of the board's decision which mentions that the manufacturer did not provide the consumer with the free use of a comparable loaner replacement motor vehicle. If it is found by the court that the party made petition aimed to plea with unconstructive aim and cause and that was mainly for the purpose of harassment, the court shall not be restricted by tripling, and if not tripled at least shall double, the amount of the total award.

[1989 c 347 § 6; 1987 c 344 § 8.]

RCW 19.118.110

Arbitration Fee - New Motor Vehicle Arbitration Account - Report by Attorney General

As it is determined the fee of an amount of three-dollar for arbitration, it shall be collected by either the new motor vehicle dealer or vehicle lessor from the consumer upon execution of a retail sale or lease agreement. This amount of fee shall be handed over to the department of licensing when the consumer depositing the title application of the new motor vehicle on the arbitration account which is created in the state treasury. All the money in the account is to be used solely for the purposes of this chapter, subject to appropriation. During the 1995-99 fiscal biennium, the governing body, as they feel appropriate, may transfer moneys from the account to the extent that the moneys are not necessary for the purposes of this chapter.

At the end of each fiscal year, the attorney general shall prepare a report listing the annual revenue generated and the expenses incurred in implementing and operating the arbitration program under this chapter.

[1995 2nd sp.s. c 18 § 910; 1995 c 254 § 7; 1989 c 347 § 7; 1987 c 344 § 9.]

RCW 19.118.120

Application of Consumer Protection Act

This enforcement of this act is to acknowledge that any violation shall constitute an unfair or deceptive trade practice affecting the public interest under chapter 19.86 RCW. All remedies shall be made available to all public and private entities under that chapter so that this chapter is put into effect.

[1987 c 344 § 10.]

RCW 19.118.130

Waivers, Limitations, Disclaimers--Void

Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in RCW 19.118.021 through 19.118.140 shall be void as contrary to public policy. Said rights shall extend to a subsequent transferee of such new motor vehicle.

[1987 c 344 § 11.]

RCW 19.118.140

Other Rights and Remedies Not Precluded

Upon the disclosure of this chapter nothing shall limit the consumer from pursuing other rights or remedies under any other law.

[1987 c 344 § 12.]

RCW 19.118.150

Informal Dispute Resolution Settlement Procedure

Under the header of this chapter, if a manufacturer has forwarded a request for the establishment of an informal dispute resolution settlement procedure which substantially complies with the applicable provision of Title 16, Code of Federal Regulations Part 703, as from time to time amended, a consumer has the option to first submit a dispute under this chapter to the informal dispute resolution settlement program.

[1989 c 347 § 8; 1987 c 344 § 14.]

RCW 19.118.160

New Motor Vehicle Arbitration Boards - When Established by Attorney General - Membership - Travel Expenses and Compensation

If it was found that due to any reason the attorney general is unable at any time to undergo an agreement with private entities for the arbitration purpose under the procedures and standards in this chapter, the attorney general is required to establish one or more new motor vehicle arbitration boards. Each such board shall consist of three members appointed by the attorney general, only one of whom may be directly involved in the manufacture, distribution, sale, or service of any motor vehicle. Board members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and shall be compensated pursuant to RCW 43.03.240.

[1989 c 347 § 9; 1987 c 344 § 15.]

RCW 19.118.170

History of Vehicle - Availability to Owner

In spite of statement in chapter RCW 46.12.380, it is asserted that the department of licensing shall make available to the registered owner all title history information regarding the vehicle upon request of the registered owner and receipt of a statement that he or she is investigating or pursuing rights under this chapter.

[1995 c 254 § 9.]

RCW 19.118.900

Effective Dates--1987 c 344

  1. As stated here, section 9 of this act holds necessary importance being a reason for taking the immediate measures for the preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect as June 1, 1987.
  2. Sections 2 through 8, 10 through 12, and 14 through 16 of this act shall take effect from January 1, 1988, except for that in a condition that the attorney general has the right to take any such actions that are thought necessary to ensure and find out whether the new motor vehicle arbitration boards are established and operational.

[1987 c 344 § 22.]

RCW 19.118.902

Severability--1987 c 344

As per Washington lemon law, if this act or its application was found irrelevant to any person or circumstance, the remainder of the act or the application of the provision to other persons or circumstances shall not be acted upon.

[1987 c 344 § 23.]

RCW 19.118.903

Severability--1989 c 347

According to Washington lemon law, if this act or its application was found not pertinent to any person or circumstance, the remainder of the act or the application of the provision to other persons or circumstances shall not be acted upon.

[1989 c 347 § 10.]

RCW 19.118.904

Effective Date--1989 c 347

This act of the Washington lemon law allows all necessary steps that are required for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions. This act shall take effect as June 1, 1989.

[1989 c 347 § 11.]