Lemon Law Loophole: Atvs And Washington's Law

The Washington Lemon Law applies to new vehicles with warranty problems, including motorcycles, trucks, and motor homes. It is designed to protect consumers who have persistent issues with their new or nearly new vehicles. To be eligible for protection, vehicles must be purchased or leased in Washington state and registered there initially. The law covers vehicles with unreasonable repair histories, including those that have been in the shop for multiple repairs for the same problem, serious safety defects, or a cumulative total of 30 or more days out of service. While the law does not explicitly mention ATVs, it is possible that they could be included under the category of street-legal motor vehicles. However, to determine if a specific ATV is covered, it is necessary to review the specific provisions of the Washington Lemon Law and consult with a legal expert familiar with the law.

Does Washington Lemon Law apply to ATVs purchased outside of Washington?

The Washington Lemon Law applies to new vehicles with continuing warranty problems. It allows owners to request an arbitration hearing through the Attorney General's Office.

To be covered by the law, a vehicle must be purchased or leased in Washington state and registered in Washington. The law covers most classes of motor vehicles, including cars, trucks, motorcycles, and motor homes.

The law does not apply to vehicles purchased or leased outside of Washington state, except for members of the armed forces stationed or residing in Washington. If a military member brings a new vehicle from another state, it will be covered by the Washington Lemon Law if it was purchased or leased with a manufacturer's written warranty within the last 30 months and meets the definition of a 'new motor vehicle'.

Therefore, if an ATV is purchased outside of Washington and is not brought into the state by a military member, it would not be covered by the Washington Lemon Law.

It is important to note that the Washington Lemon Law only applies to new vehicles and not used vehicles. The law covers vehicles still under their original manufacturer's warranty, which is typically a limited time period after the first retail sale or lease.

What are the requirements for a vehicle to be covered by Washington Lemon Law?

The Washington State Motor Vehicle Lemon Law is designed to protect consumers who have continuing warranty problems with a new or nearly new vehicle. To be covered by the law, a vehicle must meet the following requirements:

• The vehicle must be a new motor vehicle, including "demonstrators".
• The vehicle must be originally purchased or leased at retail in Washington state and registered in the state.
• The vehicle must be covered by a manufacturer's written warranty.
• The vehicle must have substantial defects that have been subject to a reasonable number of repair attempts under the warranty.
• The defects must substantially impair the use, value, or safety of the vehicle.
• The request for arbitration must be made within 30 months of the vehicle's original delivery date.
• The vehicle must not be part of a fleet of 10 or more vehicles purchased or leased by a business.
• The vehicle must not be a motorcycle with an engine displacement of less than 750 cubic centimeters.
• The vehicle must not be a truck with a gross weight rating of 19,000 lbs or over.

It is important to note that the Lemon Law does not cover used vehicles and that the original owner of the vehicle does not need to be the one to request arbitration.

What is the process for arbitration under Washington Lemon Law?

If you believe you own a lemon, you can request an arbitration hearing through the Attorney General's Office. There is no charge for the arbitration process.

To be accepted for arbitration, your vehicle must be covered under the law. The law covers most classes of motor vehicles including "demonstrators" originally purchased or leased at retail in Washington. It also covers vehicles brought into Washington by members of the armed forces, as long as they were purchased or leased with a manufacturer's written warranty within the last 30 months.

The following vehicles are not covered by the Lemon Law:

• Motorcycles with engine displacements of less than 750 cubic centimeters
• Trucks of 19,000 lbs. gross weight rating or over
• Vehicles purchased or leased as a group or under a single contract by a business as part of a fleet of 10 or more

You must submit a request for arbitration within 30 months of the vehicle's original delivery date. You do not have to be the original owner of the vehicle to request arbitration, but your vehicle must meet all the qualifications.

Step 1: Write to the manufacturer

Write to the manufacturer requesting the repurchase or replacement of your vehicle. This written request 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
• A request for replacement or repurchase of the motor vehicle

Send the letter to the manufacturer by certified mail with a return receipt requested. Keep a copy of your letter and your return receipt for your records.

Step 2: Allow the manufacturer time to respond

The manufacturer should be allowed 40 days to respond. If the manufacturer does not respond or if the response is unsatisfactory, you can proceed to the next step.

Step 3: Submit a Request for Arbitration

Call or write to the Attorney General's Office for a Request for Arbitration Form. When submitting the form, include copies of all designated documents, records, and itemized repair orders. All registered owners of the vehicle must sign the form.

Step 4: Scheduling of the Hearing

On the Request for Arbitration Form, you will be asked to state your preferred time for the hearing. It is important to consider this carefully, as it will be very difficult to make changes later. Arbitration hearing dates can be requested for weekdays, Saturdays, and evenings, at locations around the state.

Step 5: The Hearing

At the hearing, 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. The arbitrator will decide whether your claim meets the requirements under the law.

Step 6: The Decision

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

If the decision is in your favor and you accept it, the manufacturer must comply within 40 days of receiving notice or appeal to the superior court within 30 days. If you disagree with the decision, you can file an appeal in the superior court within 120 days of rejecting the arbitration decision.

What are the rights of consumers under Washington Lemon Law?

The Washington State Motor Vehicle Lemon Law is designed to protect consumers who have continuing warranty problems with a new or nearly new vehicle.

Under the Washington Lemon Law, a vehicle is considered a lemon when it hasn't been repaired after a reasonable number of attempts. This law covers most classes of motor vehicles, including passenger cars, small and mid-sized trucks, large motorcycles, and motor homes. The law also covers leased vehicles, as long as they were leased with a warranty.

To be covered under the Washington Lemon Law, your vehicle must have been originally purchased or leased in Washington state and registered in Washington. You must submit a request for arbitration within 30 months of the vehicle's original delivery date.

As a consumer, you have the right to request an arbitration hearing through the Attorney General's Office if you feel you own a lemon. There is no charge for the arbitration process, and an arbitrator will decide whether your claim meets the requirements under the law.

A reasonable number of repair attempts have been made when one or more of the following is true:

• Diagnosis or repair of the same serious safety defect has been attempted two or more times, with at least one attempt during the warranty period. A serious safety defect is a life-threatening malfunction that impairs the driver's ability to control or operate the vehicle or creates a risk of fire or explosion.
• Diagnosis or repair of the same nonconformity has been attempted four or more times, with at least one attempt during the warranty period. A nonconformity is a defect that substantially impairs the use, value, or safety of the vehicle, making it unreliable, unsafe, or diminished in resale value.
• The vehicle has been out of service for a cumulative total of 30 or more calendar days due to diagnosis or repair, with at least 15 of those days occurring during the warranty period.

If your vehicle meets the above criteria, it is considered a lemon, and you are entitled to a refund or replacement vehicle.

Additionally, consumers have a right to recovery regardless of the cost of repairs. You may be entitled to a refund (minus a reasonable usage fee) or a comparable new replacement vehicle. You may also be able to negotiate a cash compensation settlement along with full payment of attorneys' fees if you prefer to keep your vehicle.

It's important to note that the Lemon Law does not cover problems caused by owner abuse, negligence, or any unauthorized modifications or alterations made to the vehicle.

What are the obligations of manufacturers under Washington Lemon Law?

Under Washington's Lemon Law, manufacturers are required to repurchase or replace a vehicle with a 'nonconformity' or 'serious safety defect' after a "reasonable number of attempts" to fix the issue. A "reasonable number of attempts" is defined differently for each claim category.

For a "nonconformity" claim, a reasonable number of attempts is deemed to have been made if the same issue has been subject to diagnosis or repair four or more times, with at least one attempt occurring during the period of the manufacturer's written warranty and within the first two years or 24,000 miles of vehicle operation (whichever comes first).

For a "serious safety defect" claim, a reasonable number of attempts is considered to be two or more attempts to diagnose or repair the issue, with at least one attempt occurring during the warranty period and within the first two years or 24,000 miles.

Additionally, if a vehicle is out of service for a cumulative total of 30 or more calendar days, with at least 15 of those days occurring during the warranty period and within the first two years or 24,000 miles, the manufacturer is obligated to repurchase or replace it.

Manufacturers are also required to maintain sufficient service and repair facilities or designate independent repair facilities to carry out warranty repairs. They must also provide consumers with an owner's manual, written warranties, and a written statement explaining the consumer's rights under Washington's Lemon Law at the time of purchase.

It is important to note that Washington's Lemon Law does not cover problems caused by abuse, neglect, or unauthorized modifications made to the vehicle after the original retail sale or lease.

Frequently asked questions