Business Vehicles — Lemon Law in Washington

Washington Lemon Law covers business passenger vehicles, SUVs, vans, and trucks under 19,000 pounds that are purchased in Washington, providing the business registers fewer than 10 vehicles in the state. In order to be considered a "lemon," the vehicle 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 four times for the same problem or has a series of unrelated problems and has been out of service for a cumulative total of 30 calendar days
• In the case of a serious safety defect, has been taken in two times for the same problem, one of which has to be during the warranty period
• You have requested a replacement or a refund from the manufacturer
• 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, you must notify the manufacturer in writing of the problem and request a refund or a replacement vehicle. Sample demand letter. The manufacturer has 40 days to respond to your request.

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 120,000.

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.