Washington AG Lemon Law Arbitration Program (RCW 19.118.090)

Washington is one of the few states with a state-administered Lemon Law arbitration program. Under RCW 19.118.090, the Washington Attorney General’s Office runs the Lemon Law Arbitration Program through a Lemon Law Administrator — one of the strongest state-run arbitration programs in the western United States, joining Florida’s NMVA Board, New York’s AG arbitration, New Jersey’s DCA Lemon Law Unit, and Georgia’s Consumer Protection Division.

How Washington’s AG arbitration works

Filing the Request for Arbitration

• File with the AG’s Lemon Law Administrator — online or by mail.
• Filing window: 30 months from delivery under RCW 19.118.090(1).
• Filing fee: free.
• Include: vehicle information, repair orders, written notice + return receipt, photos/videos, requested remedy.

Manufacturer response

The AG notifies the manufacturer. Manufacturer files an answer typically within 20 days.

Hearing scheduling

The Lemon Law Administrator schedules a hearing before the New Motor Vehicle Arbitration Board — typically a three-arbitrator panel — within 40-60 days of filing.

The hearing

• Telephonic or in-person at AG offices in Olympia or Seattle.
• 1-3 hours typical duration.
• Both sides present documentary evidence.
• Witnesses (technicians, service managers, consumer) may testify.
• No formal evidence code — informal rules.
• Panel may inspect the vehicle.

The decision

• Three-arbitrator panel issues a written decision typically within 60 days of the hearing.
• Decision is binding on the manufacturer if the consumer accepts.
• Decision is not binding on the consumer — if rejected, the consumer can pursue court action.

Total timeline: typically 60-120 days start to finish.

Manufacturer’s registered IDS procedure exception

Under RCW 19.118.090(2), if the manufacturer has registered a certified informal dispute settlement procedure with the AG (typically NCDS or BBB Auto Line), the consumer must use it first. If the manufacturer has not registered (most have not), AG arbitration is the consumer’s direct path.

This is materially different from Florida’s mandatory two-step (manufacturer arb first, then NMVA Board) — in Washington, most cases go directly to AG arbitration.

Decisions can include

• Refund under RCW 19.118.041.
• Replacement vehicle.
• Additional repair attempts.
• Denial.

What AG arbitration does NOT provide

• Attorney fees — neither the Lemon Law’s discretionary § 19.118.150 fees nor WCPA’s mandatory RCW 19.86.090 fees are awarded in arbitration.
• WCPA treble damages — only available in civil court.
• Magnuson-Moss claims.
• Punitive damages.

For these remedies, court action is required.

When AG arbitration is the right resolution

• Clean refund or replacement case.
• No significant misrepresentation facts (no WCPA willfulness).
• Self-representing.
• Want fast, free resolution.
• Lower-value vehicle.

When to reject the AG arbitration decision and go to court

• The case has WCPA willfulness exposure with public-interest impact.
• You want mandatory RCW 19.86.090 fees.
• High-value vehicle.
• Magnuson-Moss federal-court access is strategically valuable.

Procedurally — what to expect at the hearing

• Brief opening statements by both sides.
• Consumer presents the case — repair orders, written notice, photos/videos.
• Manufacturer responds — often with a regional technical witness.
• Panel questions both sides.
• Closing arguments.
• Decision issued in writing.

No formal evidence code. The three-arbitrator panel weighs documentation pragmatically — but is generally more rigorous than private BBB Auto Line arbitration.

After AG arbitration — what if you reject the decision

If you reject the arbitration decision:

• You can still pursue court action — including federal court in W.D. Wash. under Magnuson-Moss.
• The arbitration decision is not binding on the court (de novo review).
• Prior arbitration positions can become discoverable.

Strategic advantages of Washington’s AG arbitration

1. Free — no filing fees.
2. Fast — 60-120 days.
3. State-administered — arbitrators are trained by the AG, not industry-affiliated.
4. Three-arbitrator panel — more rigorous than single-arbitrator BBB Auto Line.
5. Binding on manufacturer when accepted.
6. Direct path in most cases (no mandatory manufacturer-arb step).

Bottom line

Washington’s AG arbitration is one of the strongest state-run programs in the western U.S. — free, fast, three-arbitrator panel, no industry-affiliated arbitrators. For clean refund/replacement cases without WCPA willfulness exposure, it’s the optimal path. For cases with WCPA exposure, it’s a procedural step toward court action where mandatory fees and treble damages become available.

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