The Washington Lemon Law (RCW 19.118)

The Washington Motor Vehicle “Lemon Law” is codified at Wash. Rev. Code § 19.118. Washington’s framework pairs a 24-month / 24,000-mile Rights Period with a 30-month Request for Arbitration filing window and the state-administered AG Lemon Law Arbitration Program under § 19.118.090 — among the strongest state-run arbitration programs in the western United States. The Lemon Law’s § 19.118.150 attorney fees are discretionary, but the WCPA’s mandatory RCW 19.86.090 fees provide the load-bearing fee engine for most Washington cases.

The core promise

RCW 19.118.041 requires a manufacturer to refund or replace a new motor vehicle when:

• The manufacturer (or its authorized agent) cannot repair a defect that substantially impairs the use, value, or safety of the vehicle within a reasonable number of attempts; AND
• The defect was reported during the warranty period; AND
• The dispute arises within 24 months of original delivery OR 24,000 miles, whichever first.

Who’s covered

The Act covers:

• New motor vehicles purchased or leased in Washington.
• Vehicles primarily for personal, family, or household use.
• Demonstrators sold under new-vehicle warranties.
• Motorcycles with an engine displacement of at least 750cc.
• Motor homes — self-propelled chassis portion only.
• Subsequent transferees during the manufacturer’s warranty.

Vehicles over 19,000 lbs GVWR, mopeds, motorcycles under 750cc, and the living-quarters portions of motor homes are excluded.

The 24-month / 24,000-mile window

Washington’s eligibility window under RCW 19.118.021 is 24 months from original delivery OR 24,000 miles, whichever first. This matches:

• Georgia, North Carolina, New Jersey, Texas: 24 months / 24,000 miles
• Ohio: 12 months / 18,000 miles
• Illinois, Pennsylvania: 12 months / 12,000 miles
• Michigan: 1 year (no mileage cap)
• Virginia: 18 months (no mileage cap)

Beyond the 24-month / 24,000-mile window, WCPA (4-year limit) and Magnuson-Moss (4-year limit) remain available.

The 30-month Request for Arbitration window

A distinctive Washington rule: under RCW 19.118.090(1), the consumer must file the Request for Arbitration within 30 months of original delivery. This is independent of the 24/24K Rights Period and gives the consumer six additional months to file arbitration after the Rights Period closes — provided the underlying defect was reported within the Rights Period.

After 30 months, AG arbitration is unavailable, but court action (Lemon Law, WCPA, Magnuson-Moss) remains open.

What “substantially impairs” means

The Washington Lemon Law defines “nonconformity” (RCW 19.118.021) as a defect that “substantially impairs the use, value, or safety” of the vehicle. Three-prong test (use OR value OR safety) — matching the standards in California, Ohio, Georgia, New Jersey, and Virginia.

See our qualifying defects guide.

What “reasonable number of attempts” means

Washington’s framework under RCW 19.118.041(1):

• Two attempts for serious safety defects, OR
• Four or more attempts for the same nonconformity, OR
• 30 or more cumulative calendar days out of service — at least 15 of which must fall within the manufacturer’s written warranty period.

See our repair-attempt presumption article.

The written notice with final repair opportunity

Before invoking Lemon Law remedies, the consumer must serve written notice to the manufacturer with a final repair opportunity under RCW 19.118.041(1)(d). The manufacturer then has a reasonable time for the final repair.

The manufacturer’s informal dispute settlement procedure

Under RCW 19.118.090(2), if the manufacturer has registered a certified informal dispute settlement procedure with the Attorney General’s office (typically NCDS or BBB Auto Line meeting 16 C.F.R. Part 703), the consumer may be required to use it first. If the manufacturer has not registered a certified procedure (most have not), the consumer goes directly to AG arbitration. See AG arbitration article.

What you can recover

• Refund — purchase price plus Washington sales tax plus collateral charges, minus reasonable use deduction.
• Replacement — comparable new vehicle.
• Discretionary attorney fees under RCW 19.118.150 (where consumer prevails AND manufacturer’s defense was groundless / not in good faith).
• Reimbursement of incidental damages.

§ 19.118.150 discretionary attorney-fee shifting

RCW 19.118.150(1) provides:

If the consumer prevails in an action brought under this chapter, the court may award reasonable attorney’s fees, costs, and disbursements to the consumer if the manufacturer’s defense was groundless or not in good faith.

This is discretionary language (“may”) — and conditioned on the additional showing that the manufacturer’s defense was groundless or not in good faith. Weaker than California § 1794(d), New Jersey § 56:12-32, Virginia § 59.1-207.14, North Carolina § 20-351.8(3), Ohio § 1345.75, Pennsylvania § 1958, or New York § 198-a(l), all of which are mandatory.

For most Washington cases, the load-bearing fee engine is WCPA’s mandatory RCW 19.86.090 fees, not the Lemon Law’s discretionary § 19.118.150 fees.

Court action

Washington Lemon Law cases are pursued in Washington Superior Court. Magnuson-Moss provides concurrent federal-court jurisdiction (W.D. Wash. — Seattle/Tacoma; or E.D. Wash. — Spokane/Yakima) for cases over $50K.

How Washington compares to other states

State	Enforcement	Rights Period	Same-defect attempts	Safety-defect attempts	OOS threshold	Statutory attorney fees in lemon law	State consumer-protection act
Washington	AG arb OR court	24 mo/24K mi	4	2	30 days	Discretionary (groundless/bad faith)	WCPA (treble cap $25K)
NJ	DCA arb OR court	24 mo/24K mi	3	3	20 calendar days	Mandatory + expert	CFA (auto treble)
NC	Court (after BBB if mandatory)	24 mo/24K mi	4	4	20 business days	Mandatory	UDTPA (auto treble)
Georgia	State arb OR court	24 mo/24K mi	3	1	30 days	Discretionary	FBPA (treble)
Ohio	Court	12 mo/18K mi	3	3	30 days	Mandatory	CSPA (treble)
California	Court	4-yr SOL	2 (varies)	2 (varies)	30 days	Mandatory	None equivalent
Texas	TxDMV	24 mo/24K mi	4	4	30 days	No	DTPA (treble)
Florida	Mfr arb → NMVA	24 months	3	3	30 days	No	FDUTPA
New York	Court OR AG arb	2 yr/18K mi	4	4	30 days	Mandatory	§ 349 (3×)
Illinois	Court	12 mo/12K mi	4	4	30 days	No	ICFA (treble)
Pennsylvania	Court OR AG arb	12 mo/12K mi	3	3	varies	Mandatory	UTPCPL (treble)
Michigan	Court (after IDS if mandatory)	1 yr	4	4	30 days	Discretionary	MCPA (narrowed)
Virginia	Court (after BBB if mandatory)	18 mo (no cap)	3	1	30 days	Mandatory + expert	VCPA (treble willful)

Bottom line

Washington’s Lemon Law combines a 24/24K Rights Period with a 30-month arbitration filing window and a state-administered AG arbitration program — the strongest state-run program in the western U.S. The Lemon Law’s own § 19.118.150 fees are discretionary, but WCPA’s mandatory RCW 19.86.090 fees plus treble damages (capped at $25K per violation) make court action a strong alternative when WCPA willfulness is in play.

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