Seattle lemon laws are under the Washington state laws that provide a remedy for purchasers of cars that repeatedly fail to meet standards of quality and performance. These cars are called lemons. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts.
What vehicles are covered under Washington lemon law?
Washington lemon law covers new vehicles that are leased or purchased
in Washington State and which were first registered in the state, and
which are intended for transportation on public roads. Motorcycles, the
vehicular portions of motor homes, and trucks under 19,000 pounds GVW
are also included. Businesses with more than ten registered vehicles are
not protected by Washington lemon law.
What protections do I have under Washington lemon law?
Washington lemon law says that if a consumer notifies a manufacturer of
a serious defect which prevents a vehicle from conforming to its warranty
within the warranty period of two years or 24,000 miles, then the manufacturer
must repair the nonconformity. Serious defects negatively affect the vehicle's
use, value, or safety. The manufacture is not liable for nonconformities
which were caused by abuse, neglect, or unauthorized modification.
If the manufacturer is unable to repair the nonconformity after a reasonable number of tries, then the vehicle must be repurchased or replaced.
What steps must occur before seeking settlement under the Washington
lemon law?
Washington lemon law presumes that the manufacturer has had a reasonable
chance to repair the nonconformity if, during the warranty period, the
vehicle has had four unsuccessful attempts to repair the same nonconformity,
or two unsuccessful attempts to repair a nonconformity which poses a severe
safety threat, or the vehicle has been out of commission for repairs for
at least 30 days.
If the vehicle in question is a motor home, Washington lemon law presumes a reasonable chance for repair after three attempts to repair a nonconformity or one attempt to repair a nonconformity which poses a serious safety threat, or 60 days when the vehicle was out of commission for repairs.
Filing a claim under Washington lemon law
If the presumption has taken place and the nonconformity still exists,
the consumer must send the manufacturer a written notice requesting repair
or replacement of the vehicle. In the case of a motor home, the manufacturer
has a further 15 days to complete a final repair attempt.
The consumer may choose to settle a Washington lemon law case under either the manufacturer's dispute resolution process or a state arbitration board. Claims must be filed within 30 months of the first attempt to repair the nonconformity. In the case of a motor vehicle, this deadline is extended by the time required for the manufacturer to complete the final chance to repair the nonconformity.
What are the settlement details under Washington lemon law?
If an owned vehicle is repurchased under Washington lemon law, the manufacturer
must pay a sum which includes the full purchase price, charges relating
to the sale such as tax, tags, and registration, finance charges, penalty
fees, and dealer preparation charges, and incidental costs such as towing
and alternate transportation which were a direct result of the nonconformity.
An amount for the consumer's use of the vehicle is subtracted from this
sum. The usage amount is calculated by dividing the number of miles that
the consumer put on the vehicle by 120,000 (or 25,000 for motorcycles,
or 90,000 for motor homes) and multiplying the result by the purchase
price.
If a leased vehicle is repurchased under Washington lemon law, the manufacturer must pay the lessor the full pay-off amount. To the lessee, the manufacturer must pay a sum which includes all lease payments and deposits, collateral charges, and incidental costs, minus a usage offset as described above.
If a vehicle is replaced under Washington lemon law, the new vehicle
must be identical or similar to the original vehicle. The manufacturer
must pay collateral and incidental charges, and the consumer must pay
for the vehicle's use, as described above.
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