RV Lemon Law in Washington

Washington Lemon Law covers the motorized portions of motor homes (but not the living quarters), including those owned by businesses providing the business registers fewer than 10 vehicles in the state. In order to be considered a "lemon," the RV must meet the following requirements:

• Does not conform to the manufacturer's express warranty
• Has substantial defects affecting the use, safety or value of the vehicle
• Has manufacturer's defects that occurred during the first two years from the delivery date or 24,000 miles on the odometer
• Has been taken in three times for the same problem, at least one of which during the warranty period, and the manufacturer has had a final opportunity to repair the problem
• In the case of unrelated problems, it has been out of service for a cumulative total of 60 calendar days, and the RV's contributing manufacturers have had at least one chance to coordinate and complete inspections and repairs after receiving written notification
• In the case of a serious safety defect, has been taken in one time during the warranty period and the manufacturer has had a final repair attempt
• You have notified the manufacturer(s) of the problem(s)
• You have participated in the manufacturer's informal arbitration program or the Washington Attorney General's arbitration program

Under Washington Lemon Law, within two years after the delivery date of the vehicle or 24,000 miles on the odometer, or within the warranty period (whichever comes first), you must notify each manufacturer in writing of the problem and give them one final repair attempt. You should send the notice after one attempt to repair a serious safety defect, after three attempts to repair another problem, or after the RV has been out of service for 30 days.

If the problems still aren't fixed, you must send a second letter to each manufacturer demanding a refund or replacement. Sample demand letter.

You must also participate in the manufacturer's informal dispute resolution process or the Washington Attorney General's arbitration program before you are eligible to file a Lemon Law claim in court. You must submit a Request for Arbitration Form with the Attorney General's office within 30 months of the vehicle's original delivery date, whether or not you have heard back from the manufacturer.

Along with your Request for Arbitration form, you need to submit a variety of paperwork, including copies of your purchase or lease agreement, your title and registration documents, repair orders, and so forth.

Once your Request for Arbitration is accepted, a hearing will be scheduled. It must be scheduled within 45 days of receipt of your request. The manufacturer must provide you with a written statement outlining their side of the case within 10 days of acceptance of your request. The manufacturer has a right to inspect your vehicle prior to the hearing.

Washington Lemon Law provides several options for a successful Lemon Law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:

• The full purchase price
• Sales tax
• Finance charges
• 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
• Rust-proofing
• Factory- or dealer-installed options
• Towing charges
• Alternate transportation costs
• Attorney's fees

The amount of the monetary reward may be reduced by a deduction for your use of the vehicle, calculated by multiplying the odometer reading by the purchase price, and dividing by 90,000.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, vehicle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.