Washington Lemons
The state of Washington has organized a system to help motor vehicle
owners purchase products fairly. Washington laws allow individuals to
request arbitration hearings with the Attorney General's office for
motor vehicles that have defects and are still under warranties. In
these kinds of hearings there is no charge for arbitration.
During the hearing an assigned arbitrator will determine if an
individual's claim meets lawful lemon requirements. Washington law
states that in order for an arbitration request the petitioner does not
need to be the original owner.
Lemon laws do not cover every problem that a motor vehicle may have.
Negligence and abuse from the owner do not result in lemon findings.
Other alterations and modifications are also excluded. Lemon laws do,
however, cover substantially impaired defects that alter the safety,
use, or value of the vehicle itself.
Most motor vehicles are covered under Washington law, though some are
excluded. These include trucks with gross weight rate over nineteen
thousand pounds, motor vehicles that were leased or purchased in fleets
of ten or more, motorcycles that have engine displacement equaling
seven hundred fifty cubic centimeters or fewer, and motor home portions
that are being used for commercial spaces, offices, or dwellings.
Normally all motor vehicles, motorcycles, and mobile homes qualify.
Eligibility
In order for a motor vehicle to be classified as a lemon it must have a
defect that had attempted repair under warranty while in the state
eligibility time period. Vehicles may be out of service for a minimum
of fifteen days during the period of eligibility for a claim to be
approved.
The eligibility time period is not necessary a specific frame of time,
though time periods are normally less than the manufacturing warranty
coverage of either twelve thousand miles or twelve months. Mileage
often plays a significant role in determining lemons. If an attempt to
diagnose a defect was within two years of the retail delivery date and
prior to twenty-four thousand miles, the vehicle can be determined as a
lemon.
Defining Lemons
Lemons can be difficult to diagnosis and to prevent fraud, Washington
has created definitions for lemons. In order for a motor vehicle to be
deems a lemon a reasonable number of repair attempts must take place
before the expiration of the manufacturer's warranty. A reasonable
number of attempts varies but normally includes three to four attempts.
When a lemon is discovered the manufacturer must either replace or
repurchase the motor vehicle. The type of defect a vehicle has can also
determine if it is a lemon or not. Defects that are eligible include
nonconformity and serious safety defects. If a motor vehicle has been
out of service for a total of thirty days, due to continual repairs, it
can be classified as a lemon. These days do not necessarily need to be
consecutive and can be over several months' time span.
When a motor vehicle is a lemon the manufacturer is not required to
replace any cosmetic alterations from the lemon vehicle, including
painting, engine alteration, and system impairment.