What is the Washington State “Lemon Law?”

Car Troubles? The “Lemon Law” May Protect You

The Washington State “Lemon Law” protects vehicle owners who have continual and substantial problems with warranty repairs. The law provides vehicle owners with the right to request an arbitration hearing through the Lemon Law Administration of the Attorney General’s Office. This process may help vehicle owners avoid having to scrap their junk cars and face a substantial financial loss.

Summary of Washington State’s “Lemon Law”

Under Washington State’s “Lemon Law,” vehicle owners can request arbitration at any point within 30 months of a vehicle’s original retail delivery date. The “Lemon Law” covers most classes of new motor vehicles that were originally purchased or leased in the state of Washington. Vehicle owners do not have to pay for the arbitration. Additionally, the “Lemon Law” covers vehicles belonging to members of the armed forces stationed

Which Vehicles Are Not Covered by the “Lemon Law?”

If your car doesn’t qualify for reimbursement or replacement under the Lemon Law, call Cash for Cars Northwest to get cash for your vehicle!

If you have a motor home, there are additional requirements and limitations. You can check out those requirements and constraints in the Motor Home Lemon Law booklet available for download from the Lemon Law Administration.

As mentioned above, most classes of new motor vehicles are covered by the “Lemon Law.” However, certain vehicles are not included, such as:

• Motorcycles with engine displacements of less than 750 cubic centimeters;
• Trucks 19,000 pounds gross weight rating or over;
• Vehicles purchased or leased (as a group or under a single contract) by a business as part of a fleet of 10 or more.

Do I Have To Be The Original Owner to be Covered by the Lemon Law?

No, you do not have to be the original owner of the vehicle to request arbitration under the Washington State “Lemon Law.” As long as the car was purchased or leased:

• within two years of delivery to the original retail consumer and within the first 24,000 miles of operation
  the vehicle meets the other eligibility requirements and
• The Lemon Law Administration receives a Request For Arbitration within 30 months of the original retail delivery date.

What Cars Qualify as a “Lemon?”

According to the Washington State “Lemon Law,” your vehicle may qualify as a “lemon” if it has one or more significant defects that have been subject to a “reasonable number of attempts” to diagnose or repair the problem(s) covered under the manufacturer’s warranty. The law covers only defects that “substantially impair” the use, value, or safety of the motor vehicle.

A manufacturer is required to repurchase or replace a vehicle with a ‘nonconformity’ or ‘serious safety defect’ after a “reasonable number of attempts” have occurred. A “reasonable number of attempts” are different for each claim category.

What Happens at the Arbitration Hearing?

At the arbitration hearing, the arbitrator will ask you to identify the basis for your claim under the Lemon Law, including the type of each defect that occurred in your vehicle and the claim categories.

You should present all Lemon Law claim categories that apply to your vehicles’ defects and warranty service history.

What Defects are Covered Under the Lemon Law?

The Lemon Law covers two types of defects. Each is defined by how dangerous an error is and how the deficiency affects the vehicle’s reliability, value, and general safety.

Nonconformity

A ‘nonconformity’ is a defect that “substantially impairs” the use, value, or safety of the motor vehicle making the vehicle unreliable, unsafe for ordinary use, or diminished in resale value compared to similar vehicles.

Serious Safety Defect

A ‘serious safety defect’ is a life-threatening malfunction that impairs the driver’s ability to control or operate the vehicle, or creates a risk of fire or explosion.

What Are Claim Categories Under the Washington State “Lemon Law?”

There are four categories of claims that a vehicle owner can prove at the arbitration hearing resulting in a manufacturer being required to repurchase or replace a new motor vehicle:

Unrepaired Nonconformity

A ‘nonconformity’ covered by a manufacturer warranty where:

• The ‘nonconformity has been subject to diagnosis or repairs four or more times including at least once during the period of the manufacturer’s written warranty and the “eligibility period” of 30 months;
• The nonconformity continues to exist;
• The consumer sent a written request to the manufacturer asking for repurchase or replacement of the vehicle;
• The manufacturer failed to respond or did not resolve the problem with the consumer within 40 days.

Unrepaired Serious Safety Defect

A ‘serious safety defect’ covered by a manufacturer warranty where:

• The ‘serious safety defect’ has been subject to diagnosis or repair two or more times including at least once during the period of the manufacturer’s written warranty and the “eligibility period” of 30 months;
• The serious safety defect continues to exist;
• The consumer sent a written request to the manufacturer asking for repurchase or replacement of the vehicle and
  the manufacturer failed to respond or did not reach a resolution with the consumer within 40 days.

Multiple Serious Safety Defects

Two or more different ‘serious safety defects’ (whether or not repaired) covered by the manufacturer’s warranty:

• Occur within twelve months during the first two years and 24,000 miles;
• Each ‘serious safety defect’ has been subject to diagnosis or repair one or more times at least once during the period of the applicable manufacturer’s written warranty;
• The consumer sent a written request to the manufacturer asking for repurchase or replacement of the vehicle and
  The manufacturer failed to respond or did not reach a resolution with the consumer within 40 days.

Days Out of Service

Days out of service accumulated during attempts to diagnose or repair due to one or more ‘nonconformities’ or ‘serious safety defects.’ The vehicle has been out of service due to diagnosis or repair:

• • a cumulative total of 30 or more cumulative calendar days;
  • at least 15 days occurred during the period of the manufacturer’s written warranty and the “eligibility period;”
  • The consumer sent a written request to the manufacturer asking for repurchase or replacement of the vehicle and
    the manufacturer failed to respond or did not reach a resolution with the consumer within 40 days.

Need Cash for Your Junk Car?

Call Cash for Cars Northwest to get your vehicle and give you cash! Not all vehicles qualify for reimbursement under the “Lemon Law.” If you have a car that you need to be removed from your property, call us today to get started!