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Lemon Law

Page 2

What Is A Lemon?
Your vehicle may qualify as a lemon if it has one or more substantial defects that have been subject to a reasonable number of attempts to diagnose or repair the problem(s) under the manufacturer's warranty. A reasonable number of attempts has occurred when:
1. Diagnosis or repair of the same "serious safety defect" has been attempted two or more times, and the defect continues to exist. At least one attempt must occur 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. OR:

2. Diagnosis or repair of the same "nonconformity" has been attempted four or more times, and the defect continues to exist. At least one attempt must occur during the warranty period. A "nonconformity" is a defect that substantially impairs the use, value or safety of the motor vehicle so as to make the vehicle unreliable, unsafe or diminished in resale value for comparable vehicles. OR:

3. A vehicle has been out of service for diagnosis or repair of one or more nonconformities or serious safety defects (whether or not repaired) for a cumulative total of 30 calendar days, with at least 15 of those days occurring during the warranty period.


At the arbitration hearing, the arbitrator will ask you which of the above criteria applies to your vehicle. You can claim one or more of the criteria listed above as long as you can prove to the arbitrator that they apply to the defect (or defects) in your vehicle.

Which Vehicles Are Eligible?
The law covers most classes of motor vehicles including "demonstrators" which have an original retail purchase or lease in Washington and are originally registered in the state (Note: a military exception may apply to the registration requirement). An owner can request an arbitration under Lemon Law at any time within 30 months of the vehicle's original retail delivery date.

You do not have to be the original owner to request arbitration. Later owners of a vehicle may request an arbitration if: the vehicle was purchased within two years of delivery to the original retail consumer and within the first 24,000 miles of operation; the vehicle meets the other eligibility requirements; and the Request For Arbitration is made within 30 months of the original retail delivery date.

The Following Vehicles Are Not Covered By Lemon Law:
1. Motorcycles with engine displacements of less than 750 cubic centimeters
2. Trucks over 19,000 pounds gross weight rating
3. Portions of a motor home used as dwelling, office, or commercial space
4. Vehicles purchased or leased by a business as part of a fleet of 10 or more

Are All Problems Covered Under the Lemon Law?
NO. The law does not cover problems caused by owner abuse or negligence, or any unauthorized modifications or alterations made to the vehicle. Lemon Law applies only to the self propelled vehicle and chassis portions of a motor home. For more information on motor homes go to www.atg.wa.gov/consumer/lemon/. The law covers only defects which "substantially impair" the use, value, or safety of the motor vehicle. (See What You Must Prove At The Hearing on Page 4)

Page 1   What Is The Lemon Law?
Page 2   What Is A Lemon?
Page 3   If You Have A Lemon, What Should You Do?
Page 4   What Is An Arbitration Hearing?
Page 5   What Is The Warranty Period?
Page 6   Contact Information

References:
C O N S U M E R   P R O T E C T I O N   D I V I S I O N
www.atg.wa.gov/consumer/lemon/

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