What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The law covers most classes of motor vehicles including demonstrators which have an original retail purchase or lease in Washington and are originally registered in the state (Note: a military exception may apply to the registration requirement). An owner can request an arbitration under Lemon Law at any time within 30 months of the vehicle`s original retail delivery date. You do not have to be the original owner to request arbitration. Later owners of a vehicle may request an arbitration if: the vehicle was purchased 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 Request For Arbitration is received by the Lemon Law Administration within 30 months of the original retail delivery date.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Any new selfpropelled vehicle, including a new motorcycle, primarily designed for the transportation of persons or property over the public highways. Does not include living portions of motor homes or trucks with 19,000 or more GVW.

4 repair attempts or 30 calendar days out of service. 2 attempts for a serious safety defect.

2 years or 24,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Do I Need An Attorney?

Tue, 29 May 2007 21:19:00 GMT

It is not necessary for you to have an attorney; however, you may choose to be represented by counsel. Please indicate on the Request For Arbitration form if you will be represented by an attorney. The manufacturer may also be represented by an attorney. Reasonable attorney costs will be refunded to you in an award only if the manufacturer is also represented by counsel. If you decide you want to be represented by an attorney, it is advisable to consult with one as early as possible.

How Can I Get Missing Documents?

Tue, 29 May 2007 21:19:00 GMT

If you are missing documents needed for arbitration, you should submit a written request to the source (e.g., dealer, manufacturer, etc.), asking for copies of the documents. Keep a copy of your request letter.

If you do not receive the documents after requesting them, indicate this on the Request For Arbitration form and submit a copy of your written document request.

I Have A Lemon. What Should I Do?

Tue, 29 May 2007 21:19:00 GMT

Gather all your documents, records, and repair reports and organize them. Evaluate how your vehicle qualifies as a lemon based on your records.
Write to the manufacturer requesting the repurchase or replacement of your vehicle. To locate the manufacturer`s address look in your owner`s manual, ask the dealership, or contact the Lemon Law Administration.
The written request to the manufacturer should include:
- Make, Model, Year, and Vehicle Identification Number (VIN);
- An explanation of the problem(s);
- Name(s) of dealership(s) where diagnosis/repair attempts have been made, including dates of attempts;
- You must request replacement or repurchase of the motor vehicle.
You should send the letter to the manufacturer by certified mail with a return receipt requested. This will verify the date that the manufacturer received your letter. KEEP A COPY OF YOUR LETTER AND YOUR RETURN RECEIPT IN YOUR RECORDS.
The manufacturer should be allowed 40 days to respond in most instances (see Note below). If the manufacturer does not respond or if the response is unsatisfactory, you can submit the Request For Arbitration form to the Lemon Law Administration in the Attorney General`s Office.
Note: A Request For Arbitration Form must be received by the Lemon Law Administration within 30 months of the vehicles` original retail delivery date whether or not the 40 day response period has expired.
Call 8005418898 or 8002769883 for the hearing impaired to get a Request for Arbitration form.

Replacement Or Repurchase?

Tue, 29 May 2007 21:19:00 GMT

Under the law, if your vehicle is determined to be a lemon by the arbitrator, you will be awarded your choice of repurchase or replacement of the vehicle. At the arbitration hearing you will have to make a final decision whether you want the vehicle replaced or repurchased.

NOTE: You will be sent a financial information form which you should complete and bring with you to the hearing along with supporting documents. You must be prepared to present verification of all financial information at the hearing necessary to complete the calculation of an award. Failure to provide this information can result in a reduced award.

Scheduling An Arbitration Hearing

Tue, 29 May 2007 21:19:00 GMT

On the Request For Arbitration form you are asked to state a preferred time for the hearing. IT IS VERY IMPORTANT TO CONSIDER THIS CAREFULLY. IT IS VERY DIFFICULT (AND PROBABLY WILL NOT BE POSSIBLE) TO MAKE CHANGES AT A LATER TIME.

Arbitration hearing dates can be requested for weekdays, Saturday and evening, at locations around the state. The Arbitration Board will try to accommodate your schedule, but cannot guarantee to schedule your hearing when requested or when it will be most convenient for you.

What Happens After I Request An Arbitration Hearing?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law Administration will screen your arbitration request for:

a completed form;
copies of all the designated documents;
filing of the Request For Arbitration within 30 months of the vehicle`s original retail delivery date;
a written request to the manufacturer to repurchase or replace the vehicle.

If the Lemon Law Administration rejects your Request For Arbitration, a written explanation will be mailed to you with further directions.

If your Request For Arbitration is complete, it will be forwarded to the Arbitration Board for review and scheduling.

When the Arbitration Board accepts your Request For Arbitration, you will be sent a notice of acceptance followed by an arbitration hearing date. You will receive the formal notice of the scheduled date, time, and location of your hearing at least 10 days before the hearing date. Your arbitration hearing must be held within 45 days of the Board`s acceptance of your Request For Arbitration.

What If I Am Awarded A Replacement?

Tue, 29 May 2007 21:19:00 GMT

If you are awarded a replacement vehicle, the new vehicle must be identical or reasonably equivalent to your vehicle as it existed at the time of original purchase or lease including any service contract, undercoating, rustproofing, other factory/dealer options; the manufacturer is also responsible for any sales tax, license, registration fees and refunding to you any incidental costs awarded by the arbitrator. Before receiving the new vehicle you will be obligated to pay the manufacturer an offset for use based on the total attributable use mileage and original purchase price regardless of whether you are the original or a subsequent owner. You should contact your lender early in the process about how they would deal with your existing loan or lease and a replacement vehicle.

What If I Am Awarded A Repurchase?

Tue, 29 May 2007 21:19:00 GMT

If you are awarded a repurchase of your vehicle, the arbitrator will determine your refund based on the following:

if you purchased the vehicle, you will be refunded the cash price of the vehicle in the sales agreement (minus any manufacturer rebate) if you have a loan balance, the lender will be paid from your refund;
if you leased the vehicle, you will be refunded the total of all lease payments that you made, including inception and security deposit payments (not including any manufacturer rebate) the manufacturer will be responsible for any remaining lease obligations.

NOTE: if you are a second or subsequent owner, a repurchase award will be based on your purchase price not the original owner`s purchase price.

The following types of items are also included in a refund of either leased or purchased vehicles:

collateral charges sales or lease related charges including sales and use tax, finance charges, initial and monthly lease payments, dealer preparation and transportation charges, prorated license, registration and title fees, prorated insurance costs, nonrefundable portions of credit life and disability insurance, service contracts, undercoating, rustproofing and other factory or dealer installed options;
incidental costs reasonable expenses paid by you related to repairs including costs of towing and obtaining alternate transportation.
legal fees if the manufacturer was represented by counsel, the arbitrator will also award reasonable costs and attorney`s fees which you may have incurred in connection with the arbitration process.

Your refund will be the total of the award less an offset for use and less any lienholder interests in the vehicle. If your vehicle is leased, your refund will be the award total less an offset for use and the manufacturer will be responsible for paying off your lease obligation.

What If My Claim Is Resolved Before The Hearing?

Tue, 29 May 2007 21:19:00 GMT

The manufacturer may contact you to try to settle your claim. Lemon Law creates incentives for both parties to reach a settlement agreement rather than proceeding on to a hearing. It is wise to get complete settlement terms in writing from the manufacturer before withdrawing from the arbitration process. If you do settle, notify the Arbitration Board immediately. You must complete and return a Settlement/Withdrawal form which is provided by the Arbitration Board.

If you withdraw from arbitration before your hearing, you may refile for arbitration again within the 30 month time limit. However, if it is your second withdrawal, you will not be allowed to refile for arbitration on the same grounds regardless of when the withdrawal occurred.

What Information Needs To Be Included On The Request For Arbitration Form?

Mon, 04 Jun 2007 21:51:22 GMT

When completing the form, clearly describe each defect, when each attempt to diagnose or repair occurred, the mileage on your vehicle at the time of each attempt, the dealer who made the repairs, and the number of days your vehicle was outofservice due to diagnosis or repair. You must send in copies of the repair orders for all diagnosis or repair attempts related to the defect(s) in your claim. If you cannot provide the documents, you must explain the reason why they are missing on the Request For Arbitration form (see What records do I need for arbitration?).

Keep a copy of the Request For Arbitration for your files and mail the original form to the Lemon Law Administration. If you are approaching the 30 month deadline for filing your Request For Arbitration, send the form and documents by certified mail (return receipt requested), deliver it in person or submit it by FAX (the address information is on the form).

What Is A Lemon?

Tue, 29 May 2007 21:19:00 GMT

Your vehicle may qualify as a lemon if it has one or more substantial defects that have been subject to a reasonable number of attempts to diagnose or repair the problem(s) under the manufacturer`s warranty. A reasonable number of attempts has occurred when:

Diagnosis or repair of the same serious safety defect has been attempted two or more times, and the defect continues to exist. At least one attempt must occur during the warranty period.
- A serious safety defect is a lifethreatening malfunction that impairs the driver`s ability to control or operate the vehicle, or creates a risk of fire or explosion; OR
Diagnosis or repair of the same nonconformity has been attempted four or more times, and the defect continues to exist. At least one attempt must occur during the warranty period.
- A nonconformity is a defect that substantially impairs the use, value or safety of the motor vehicle so as to make the vehicle unreliable, unsafe or diminished in resale value for comparable vehicles; OR
A vehicle has been outofservice for diagnosis or repair of one or more nonconformities or serious safety defects (whether or not repaired) for a cumulative total of 30 calendar days, with at least 15 of those days occurring during the warranty period.

At the arbitration hearing, the arbitrator will ask you which of the above criteria applies to your vehicle. You can claim one or more of the criteria listed above as long as you can prove to the arbitrator that they apply to the defect(s) in your vehicle.

What Is An Arbitration Hearing?

Tue, 29 May 2007 21:19:00 GMT

Arbitration hearings are much less complicated than court trialsthere are no formal rules of evidence or court procedures, and the hearings are designed to be as easy as possible for participants. You will be given the opportunity to explain your claim and present documents, witnesses or other evidence to help prove your claim. The manufacturer will have the same opportunity to present their side of the dispute.

Arbitrators are like judges in that they listen to each side and then issue a decision.

The Lemon Law Administration has prepared a video which explains the arbitration process in detail. If you are unable to view the videos on this page, The Lemon Law: A Guide to Arbitration has been distributed to libraries across the state and is also available for viewing in selected state offices. Contact the Lemon Law Administration for locations and viewing appointments.

After acceptance for arbitration, you will receive complete information from the Arbitration Board on arbitration procedures and how to prepare for an arbitration hearing.

What Is An Offset For Use?

Tue, 29 May 2007 21:19:00 GMT

When a manufacturer replaces or repurchases a vehicle, they have a right under Lemon Law to be reimbursed for use of the vehicle which is called the offset for use.

The offset for use is computed by multiplying the number of miles directly attributable to use times the purchase price (in the instance of a lease, purchase price is the vehicle`s capitalized cost if disclosed in the lease or if not disclosed then the manufacturer`s suggested retail price) and dividing by 120,000 (Note: divide by 25,000 for a motorcycle).

Example: Based on a purchase price of $12,000 and 10,000 miles attributable to a consumer`s use, the reasonable offset for use would be:

($12,000) x (10,000 miles) = $1,000

120,000

NOTE: if you are a second or subsequent owner: a repurchase offset is based on your purchase price and a replacement offset is based on the original purchase price of the vehicle (as you will receive a new vehicle for the used vehicle you purchased).

IMPORTANT: Be certain that you understand how your offset for use will be calculated. If you are awarded a replacement vehicle, you must pay the offset for use before receiving the new vehicle. This may affect your decision whether to choose repurchase rather than a replacement.

If you are awarded a repurchase, the offset for use will be deducted from your refund before any existing loan obligations are paid. It is possible in situations of large loan balances and high mileage that a refund will not be enough to pay off the loan; the remaining balance would still be your responsibility. Similarly, if you have a lease with low payments and you have put substantial mileage on the vehicle, your `offset` could be larger than your refund.

What Is Compliance And What Am I Required To Do When Returning The Vehicle?

Mon, 04 Jun 2007 21:51:22 GMT

The Attorney General`s Office will contact you to confirm whether the manufacturer has complied. If the manufacturer has not complied or appealed, the Attorney General`s Office may fine them.

If an arbitration decision awards repurchase or replacement of a defective vehicle, compliance with the decision occurs at a time, place and in a manner that is mutually agreeable to the you and the manufacturer.

You must return the vehicle free of damage; a consumer is not responsible for problems related to `wear and tear` from ordinary or expected use of the vehicle or damage related to defects covered by the warranty.

If the vehicle has been damaged due to fire, theft, vandalism, or collision (e.g., a dented fender from an accident or a broken/cracked windshield), the consumer has the option of having the vehicle repaired or transferring any insurance claim/insurance settlement to the manufacturer.

When returning a vehicle to the manufacturer, you cannot remove any equipment or options from the vehicle that were included in the purchase or lease. If you added features after buying or leasing the vehicle (e.g. car telephone or a canopy for a truck), those items may be removed while avoiding further damage, but you are not required to return the vehicle to original condition.

What Is The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The Washington State Motor Vehicle Lemon Law is designed to help new vehicle owners who have substantial continuing problems with warranty repairs. The law allows the owner to request an arbitration hearing through the Attorney General`s Office.

There will be no charge for the arbitration process. At the hearing, the arbitrator will decide whether a consumer`s claim meets the requirements under the law.

A special note about motor homes

If your vehicle is a motor home originally purchased or leased after June 30, 1998 there are different requirements under the law that are described below. If you have a motor home that was originally purchased or leased at retail on or prior to June 30, 1998 this information describes the standards and procedures which apply to your vehicle.

The Washington State Motor Vehicle Lemon Law is designed to help new vehicle owners who have substantial continuing problems with warranty repairs. The law allows the owner to request an arbitration hearing through the Lemon Law Administration of the Attorney General`s Office. There will be no charge for the arbitration process. At the hearing, the arbitrator will decide whether a consumer`s claim meets the requirements under the law and can distribute liability for repurchase or replacement between the motor home`s final stage, chassis and component manufacturers.

What Is The Manufacturer's Right To View The Vehicle?

Tue, 29 May 2007 21:19:00 GMT

After a claim has been accepted for arbitration, the manufacturer has the right to request a `viewing` of the vehicle for inspection purposes. The request must be made in the Manufacturer`s Statement.

You must be present while the manufacturer views the vehicle, unless you request otherwise in writing. The manufacturer and you should try to make arrangements for a mutually convenient time, date, and location to view the vehicle.

During this `view`, the manufacturer can drive the vehicle or conduct tests with diagnostic equipment, but cannot make any repairs.

What Is The Manufacturer's Statement?

Tue, 29 May 2007 21:19:00 GMT

After your Request For Arbitration is accepted, the manufacturer should send you a copy of a Manufacturer`s Statement, which will state the reasons why the manufacturer believes that it should not be required to replace or repurchase the vehicle. The manufacturer must send you this statement within 10 days of being notified that your claim has been accepted for arbitration.

The statement is useful when you prepare your presentation, testimony and evidence for the hearing. You should be prepared to respond to the specific points that the manufacturer raises.

What Is The Warranty Period?

Tue, 29 May 2007 21:19:00 GMT

To determine whether you have a claim under Lemon Law you will have to determine whether at least one attempt to diagnose or repair each defect occurred under the manufacturer`s warranty and within the warranty period. It is important to understand that, for purposes of arbitration, the warranty period may be different from the actual manufacturer`s warranty. The law requires that the manufacturer`s warranty cover at least 1 year or 12,000 miles (whichever occurs first). An extended service contract is not an express manufacturer`s warranty.

When determining whether an attempt to diagnose or repair a defect meets the requirements for eligibility, the warranty period covers a diagnosis or repair occurring within 2 years from the original delivery date and 24,000 miles of operation of the vehicle.

The following are examples of how to determine whether a diagnosis or repair attempt occurred during the warranty period.

If the manufacturer provides the minimum warranty of one year or 12,000 miles (whichever occurs first), an eligible defect must have been:
- diagnosed or repaired at least once under the manufacturer`s warranty within 12 months and 12,000 miles; OR
- outofservice for a total of 30 or more cumulative calendar days due to diagnosis or repair of one or more defects that are covered by the manufacturer`s warranty; at least 15 calendar days must have occurred during the manufacturer`s warranty coverage of 12 months and 12,000 miles.
If the manufacturer provided a longer warranty (e.g., five years or 50,000 miles) an eligible defect must have been:
- diagnosed or repaired at least once under the manufacturer`s warranty and within two years and 24,000 miles; OR
- outofservice for a total of 30 or more cumulative calendar days due to diagnosis or repair of one or more defects that are covered by the manufacturer`s warranty; at least 15 calendar days must have occurred within two years and 24,000 miles.

What Must I Prove At The Arbitration Hearing?

Tue, 29 May 2007 21:19:00 GMT

At the hearing you must establish that your vehicle is eligible and that the manufacturer received your written request for repurchase or replacement of the vehicle.

The arbitrator will ask you which of the categories your claim is based upon:

2 attempts to diagnose or repair a serious safety defect;
4 attempts to diagnose or repair a nonconformity; or
30 or more cumulative days outofservice for diagnosis or repair of one or more nonconformities and serious safety defects.

Your claim may be based on one or more defects and cover multiple categories. Plan your presentation to show how your vehicle meets all the requirements and definitions of a category as described in the law. Presenting problems which do not fit in those categories will not help your case and may confuse the important issues.

For each nonconformity or serious safety defect you must be prepared to prove to the arbitrator that:

the defect continues to exist (except for days outofservice);
the defect meets the definition of a serious safety defect, or nonconformity;
the required minimum number of diagnostic or repair attempts have been made to the vehicle, with at least one attempt occurring under the manufacturer`s written warranty and within the Lemon Law warranty period.

If you are claiming 30 or more cumulative days outofservice due to diagnosis or repair of one or more nonconformities and serious safety defects, you must be prepared to show that:

each defect meets (or did meet) the definition of a nonconformity or serious safety defect;
at least 15 of the 30 or more days occurred under the manufacturer`s warranty and within the Lemon Law warranty period

What Records Do I Need For Arbitration?

Tue, 29 May 2007 21:19:00 GMT

You must submit copies of your purchase or lease agreement and title/registration documents. If you are a subsequent owner, you should also submit a title history for the vehicle and/or the original owner`s documents. You must submit copies of your vehicle`s repair orders when you request an arbitration. If you did not receive repair orders or did not keep your copies, see the next question, How do I get documents?.

Each time you take your vehicle to a dealership for warranty services, you have the right to receive a fully itemized and legible repair order or written statement from the dealer. Among other requirements, the repair order or statement must identify the problem(s) you are experiencing with your vehicle, diagnosis, work done, the in and out mileage on the vehicle, and the dates the vehicle was in the repair shop.

You are entitled to receive a copy of any report or computer reading regarding inspection, diagnosis, or testdrive of your vehicle from the dealer or manufacturer upon request. In addition, you are entitled to copies of any technical service bulletins regarding the year, make and model of your vehicle. Technical service bulletins are sent to service departments by the manufacturer. Service bulletins describe particular problems which are occurring in certain vehicles and how to diagnose and repair them.

What Vehicles Are Not Covered Under Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The law does not cover problems caused by owner abuse or negligence, or any unauthorized modifications or alterations made to the vehicle. Nor does the Lemon Law cover the following vehicles:

Motorcycles with engine displacements of less than 750 cubic centimeters;
Trucks over 19,000 lbs. gross weight rating;
Portions of a motor home used as dwelling, office, or commercial space;
Vehicles purchased or leased by a business as part of a fleet of 10 or more.

When Does The Arbitration Decision Take Place?

Tue, 29 May 2007 21:19:00 GMT

The Board must issue the arbitration decision within 60 days from the date the Board received your Request For Arbitration. You will receive a copy of the decision and a form asking whether you accept or reject the decision. You have 60 days from the date you receive the decision to accept or reject it.

If the arbitration decision is in your favor and you accept it, then the manufacturer must:

comply within 40 days of receiving notice of your acceptance; or

appeal to superior court within 30 days of receiving your acceptance.

If you disagree with the decision, you can pursue your claims against the manufacturer by filing an appeal in superior court (at your own expense) where you would be allowed a new hearing of the dispute at a trial. If you decide to appeal, the appeal must be filed in superior court within 120 days of rejecting the arbitration decision.

Where Can I Get Lemon Law Arbitration Videos And Tapes?

Mon, 04 Jun 2007 21:51:22 GMT

If you would like to view the 20 minute video which discusses the elements of the Lemon Law and which shows a sample arbitration hearing, call the number below for viewing locations and library access:

1(800) 5418898
Request Tape 183

Telephone Accessible Information
The Attorney General`s Office offers a number of informational tapes on the Lemon Law. Callers with touchtone phones can hear the tapes 24 hours a day. Statewide
Tollfree 1(800) 5418898

Local King County
5874240

Tape 170 A General Overview Of The Lemon Law
Tape 171 Vehicles Covered By The Law
Tape 172 What is a Lemon?
Tape 173 Records You Need For A Lemon Law Claim
Tape 174 What Should You Do If You Have A Lemon?
Tape 175 Filling Out The Request For Arbitration Form
Tape 176 How Arbitration Requests Are Processed
Tape 177 After You`ve Been Accepted For Arbitration
Tape 178 The Arbitration Hearing
Tape 179 Do You Want A Replacement Vehicle Or A Refund?
Tape 180 The Arbitration Decision
Tape 181 Special Information On Leased Vehicles
Tape 182 Motor Homes
Tape 183 Video Information Lemon Law: A Guide to Arbitration

Where Can I Get More Information About The Lemon Law And Obtain Request For Arbitration Forms?

Tue, 29 May 2007 21:19:00 GMT

CALL
Statewide
Tollfree 1(800) 5418898

TDD 1(800) 2769883

Local King County
(206) 5874240

Local Spokane County
(509) 4563124

WRITE
Lemon Law Administration
Attorney General`s Office
9004th Ave., Suite 2000
Seattle, WA 981641012

FAX
(206) 4646451

EMail
lemon@atg.wa.gov

Who Will Attend The Arbitration Hearing?

Tue, 29 May 2007 21:19:00 GMT

Hearings usually will be attended by you and any witnesses, a manufacturer`s representative, any manufacturer witnesses, and the arbitrator. All hearings are open to the public. In most instances, an impartial automotive expert technician will be assigned to assist the arbitrator. The expert may examine the vehicle and give an opinion about the nature of the problem(s) and the effect on the vehicle. The expert`s function is not to provide testimony for either side in the dispute. You should consider whether providing technical testimony from a qualified independent mechanic would add substantial support to your claim.

Free Lemon Law Attorney FAQs

Sun, 29 Nov 2009 20:11:42 GMT

Free Lemon Law Attorney FAQs