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| Washington Lemon Laws | |||
| Responsibilities of Manufacturers and New Motor Vehicle Dealers | |||
| The manufacturer shall publish an owner's manual and provide it to the new motor
vehicle dealer or leasing company. The owner's manual shall include a list of the
addresses and phone numbers for the manufacturer's customer assistance division, or zone
or regional offices. A manufacturer shall provide to the new motor vehicle dealer or
leasing company all applicable manufacturer's written warranties. The dealer or leasing
company shall transfer to the consumer, at the time of original retail sale or lease, the
owner's manual and applicable written warranties as provided by a manufacturer. At the time of purchase, the new motor vehicle dealer must provide the consumer 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 shall contain a toll-free number that the consumer can contact for information regarding the procedures and remedies under this chapter. For the purposes of this chapter, if a new motor vehicle does not conform 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. Any corrections or attempted repairs undertaken by a new motor vehicle dealer under this chapter shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under the manufacturer's written warranty is billed. 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. Upon request from the consumer, 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 regarding inspection, 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. The new motor vehicle dealer shall provide to the consumer each time the consumer's vehicle is returned from being diagnosed or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle including but not limited to, a general 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, and the date when the vehicle was made available to the consumer. No manufacturer, its agent, or the new motor vehicle dealer may refuse to diagnose or repair any nonconformity covered by the warranty for the purpose of avoiding liability under this chapter. For purposes of this chapter, consumers shall have the rights and remedies, including a cause of action, against manufacturers as provided in this chapter. The warranty period and thirty-day out-of-service period, and sixty-day out-of-service period in the case of a motor home, shall be extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood, or other natural disaster. Revised Code of Washington Section 19.118.031 |
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| Replacement or Repurchase of Nonconforming New Vehicle | |||
| 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. 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. |
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| 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. | |||
| Reasonable Offset For Use | |||
| 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. Revised Code of Washington Section 19.118.041 | |||
| Reasonable number of attempts | |||
| Reasonable number of attempts, except for 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 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; 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
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. 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: 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 subsection, and the serious safety defect continues to exist; 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 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 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. ... (Subsections omitted - refer to actual text.) |
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| Motor Vehicle Dealer | |||
| 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, Revised Code of Washington. Consumers may pursue rights and remedies against dealers under any other law, including chapters 46.70 and 46.71 Revised Code of Washington. Manufacturers and consumers may not make dealers parties to arbitration board proceedings under this chapter. See Revised Code of Washington Section 19.118.041 | |||
| Revised Code of Washington | |||
| Revised Code of Washington Sections 19.118.005 through 19.118.170 | |||
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