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Washington

Washington Lemon Law

Washington Lemon law Title 19 Chapter 118 RCW - MOTOR VEHICLE WARRANTIES

Washington Lemon law RCW 19.118.005

Legislative intent

[1987 c 344 ? 1.]

Washington Lemon law RCW 19.118.010

Motor vehicle manufacturers - Express warranties - Service and repair facilities.

Every manufacturer of motor vehicles sold in this state and for which the manufacturer has made an express warranty shall maintain in this state sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties. As a means of complying with this section, a manufacturer may enter into warranty service contracts with independent service and repair facilities.

[1983 c 240 ? 1.]

Washington Lemon law RCW 19.118.021

Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

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

“Replacement motor vehicle” means a new motor vehicle that is 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.

“Serious safety defect” means a life-threatening malfunction or nonconformity that impedes the consumer’s ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.

“Subsequent transferee” means a consumer who acquires a motor vehicle, within the warranty period, as defined in this section, with an applicable manufacturer’s written warranty and where the vehicle otherwise met the definition of a new motor vehicle at the time of original retail sale or lease.

“Substantially impair” means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle below the average resale value for comparable motor vehicles.

“Warranty” means any implied warranty, any written warranty of the manufacturer, or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle that becomes part of the basis of the bargain. The term

“warranty” pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a new motor vehicle for ordinary use or reasonably intended purposes throughout the duration of the warranty period as defined under this section.

“Warranty period” means the period ending two years after the date of the original delivery to the consumer of a new motor vehicle, or the first twenty-four thousand miles of operation, whichever occurs first. [1995 c 254 ? 1; 1990 c 239 ? 1; 1989 c 347 ? 1; 1987 c 344 ? 2.]

NOTES:

Effective date–1995 c 254: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 5, 1995].”

[1995 c 254 ? 11.]

Severability–1995 c 254: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.”

[1995 c 254 ? 12.]

Washington Lemon law RCW 19.118.031

Manufacturers and new motor vehicle dealers - Responsibilities to consumers - Extension of warranty period.

[1995 c 254 ? 2; 1987 c 344 ? 3.]

NOTES:

Effective date–Severability–1995 c 254: See notes following RCW 19.118.021.

Washington Lemon law RCW 19.118.041

Replacement or repurchase of nonconforming new motor vehicle–Reasonable number of attempts–Liabilities and rights of parties–Application of consumer protection act.

[1995 c 254 ? 3; 1989 c 347 ? 2; 1987 c 344 ? 4.]

NOTES:

Effective date–Severability–1995 c 254: See notes following RCW 19.118.021.

Washington Lemon law RCW 19.118.061

Vehicle with nonconformities or out of service - Notification of correction - Resale or transfer of title - Issuance of new title - Disclosure to buyer - Intervening transferor.

[1995 c 254 ? 4; 1989 c 347 ? 3; 1987 c 344 ? 5.]

NOTES:

Effective date–Severability–1995 c 254: See notes following RCW 19.118.021.

Washington Lemon law RCW 19.118.070

Remedies.

The remedies provided under this chapter are cumulative and are in addition to any other remedies provided by law.

[1983 c 240 ? 7.]

Washington Lemon law RCW 19.118.080

New motor vehicle arbitration boards - Board proceedings - Prerequisite to filing action in superior court.

[1995 c 254 ? 5; 1989 c 347 ? 4; 1987 c 344 ? 6.]

NOTES:

Effective date–Severability–1995 c 254: See notes following RCW 19.118.021.

Washington Lemon law RCW 19.118.090

Request for arbitration - Eligibility - Rejection - Manufacturer’s response - Remedies - Defenses - Acceptance or appeal.

A decision to reject any dispute for arbitration shall be sent by certified mail to the consumer and the manufacturer, and shall contain a brief explanation as to the reason therefor.

The decision of the board shall be delivered by certified mail or personal service to the consumer and the manufacturer, and shall contain a written finding of whether the new motor vehicle meets the standards set forth under this chapter.

[1995 c 254 ? 6; 1989 c 347 ? 5; 1987 c 344 ? 7.]

NOTES:

Effective date–Severability–1995 c 254: See notes following RCW 19.118.021.

Washington Lemon law RCW 19.118.095

Arbitration decision - Compliance - Accomplishment - Dispute - Failure - Fine - Costs - Attorneys’ fees.

[1995 c 254 ? 8.]

NOTES:

Effective date - Severability - 1995 c 254: See notes following RCW 19.118.021.

Washington Lemon law RCW 19.118.100

Trial de novo - Posting security - Recovery.

[1989 c 347 ? 6; 1987 c 344 ? 8.]

Washington Lemon law RCW 19.118.110

Arbitration fee - New motor vehicle arbitration account - Report by attorney general.

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

NOTES:

Severability–1995 2nd sp.s. c 18: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [1995 2nd sp.s. c 18 ? 926.]

Effective date–1995 2nd sp.s. c 18: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions. Section 807 of this act shall take effect immediately [June 16, 1995]. The remainder of the act shall take effect July 1, 1995.” [1995 2nd sp.s. c 18 ? 927.]

Effective date–Severability–1995 c 254: See notes following RCW 19.118.021.

Washington Lemon law RCW 19.118.120

Application of consumer protection act.

[1987 c 344 ? 10.]

Washington Lemon law RCW 19.118.130

Waivers, limitations, disclaimers–Void.

Washington Lemon law RCW 19.118.140

Other rights and remedies not precluded.

[1987 c 344 ? 12.]

Washington Lemon law RCW 19.118.150

Informal dispute resolution settlement procedure.

[1989 c 347 ? 8; 1987 c 344 ? 14.]

Washington Lemon law RCW 19.118.160

New motor vehicle arbitration boards - When established by attorney general - Membership - Travel expenses and compensation.

[1989 c 347 ? 9; 1987 c 344 ? 15.]

Washington Lemon law RCW 19.118.170

History of vehicle - Availability to owner.

NOTES:

Effective date–Severability–1995 c 254: See notes following RCW 19.118.021.

Washington Lemon law RCW 19.118.900

Effective dates–1987 c 344.

Washington Lemon law RCW 19.118.902

Severability–1987 c 344.

[1987 c 344 ? 23.]

Washington Lemon law RCW 19.118.903

Severability–1989 c 347.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 347 ? 10.]

Washington Lemon law RCW 19.118.904

Effective date–1989 c 347.

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1989.

[1989 c 347 ? 11.]