Lemon Law Demand Letter - Washington

WASHINGTON MOTOR VEHICLE WARRANTIES ACT

LEMON LAW DEMAND AND STATUTORY NOTICE

STATE OF WASHINGTON

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED (USPS)
AND OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[__/__/____]

[MANUFACTURER FULL LEGAL NAME]
ATTN: Warranty / Lemon Law Claims Department and Legal Department
[MANUFACTURER STREET ADDRESS]
[CITY, STATE ZIP]

[SELLING/SERVICING DEALER NAME]
ATTN: General Manager and Service Manager
[DEALER STREET ADDRESS]
[CITY, WA ZIP]

Re: WASHINGTON LEMON LAW DEMAND — STATUTORY WRITTEN NOTICE
RCW 19.118.041(2) — Final Repair Opportunity / Demand for Repurchase or Replacement
Consumer: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [________________________________]
Purchase / Lease Date: [__/__/____]
Odometer at Notice: [________________________________] miles
30-Month Lemon Law Deadline: [__/__/____]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer") in connection with the vehicle described above, which qualifies as a "lemon" under the Washington Motor Vehicle Warranties Act ("WMVWA"), RCW 19.118.005 et seq., and entitles our Client to repurchase or replacement, attorney's fees, and civil penalties.

This letter constitutes the mandatory written notice to the manufacturer required by RCW 19.118.041(2) and triggers the manufacturer's final repair opportunity before our Client proceeds to arbitration or civil action.

Please direct all responsive communications to our office.

I. WASHINGTON LEMON LAW — LEGAL FRAMEWORK

A. Governing Statute

Washington's Lemon Law, RCW 19.118.005 et seq., was enacted to protect consumers who purchase or lease new motor vehicles that persistently fail to conform to express warranties. The Act is remedial and must be liberally construed in favor of the consumer.

B. Covered Vehicles — RCW 19.118.021(6)

A "new motor vehicle" under the WMVWA means a motor vehicle:

• Purchased or leased in Washington;
• That has not been previously titled as sold (i.e., new at delivery);
• Used primarily for personal, family, or household purposes;
• Weighing 19,000 pounds GVWR or less (Washington covers trucks up to 19,000 lbs — higher than most states).

Excluded: Motor homes, motorcycles, off-road vehicles, and vehicles used primarily for business.

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] purchased/leased new, and is covered under the WMVWA.

C. Coverage Period — RCW 19.118.041(1)

Washington's Lemon Law Rights Period is:

• 24 months from the date of original delivery; OR
• 24,000 miles from the date of original delivery;
• Whichever occurs first.

This vehicle was originally delivered on [__/__/____]. The Lemon Law Rights Period runs through [__/__/____] (24 months) or [________________________________] miles, whichever is earlier. All repair attempts described below occurred within the Lemon Law Rights Period.

D. Rebuttable Presumption — RCW 19.118.041(1)

Washington law creates a rebuttable presumption that a reasonable number of repair attempts have been made if any ONE of the following is satisfied:

Standard Defect (4-Repair Threshold):
The same nonconformity has been subject to repair four (4) or more times by the manufacturer, its agents, or authorized dealers, without successfully conforming the vehicle to the warranty. RCW 19.118.041(1)(a).

Serious Safety Defect (2-Repair Threshold):
A nonconformity that is likely to cause death or serious bodily injury if the vehicle is driven has been subject to repair two (2) or more times without success. RCW 19.118.041(1)(b). Note: Only two repair attempts are required for safety defects — document this threshold separately.

Days-Out-of-Service Threshold (30 Days):
The vehicle has been out of service by reason of repair for 30 or more calendar days (consecutive or cumulative) during the Lemon Law Rights Period. RCW 19.118.041(1)(c).

Our Client's vehicle satisfies [SELECT ALL THAT APPLY]:
☐ The 4-repair threshold — same defect repaired [____] times
☐ The 2-repair safety defect threshold
☐ The 30-day out-of-service threshold — vehicle out of service [____] days total

E. Mandatory Written Notice — RCW 19.118.041(2)

Before filing for arbitration or bringing a civil action, the consumer must provide the manufacturer written notification of the nonconformity. This letter constitutes that notice. The manufacturer must then be given a final opportunity to cure the defect. If the manufacturer fails to cure within a reasonable time, the consumer may proceed to arbitration or court.

F. Washington CPA — Per Se Violation and Treble Damages

A violation of the WMVWA constitutes a per se violation of the Washington Consumer Protection Act ("CPA"), RCW 19.86.020. Under the CPA:

• The consumer may recover actual damages trebled, up to $25,000 in addition to WMVWA remedies. RCW 19.86.090.
• Attorney's fees are mandatory to a prevailing consumer.
• The Hangman Ridge five-factor test governs private CPA claims: (1) unfair/deceptive act in (2) trade or commerce, (3) affecting public interest, (4) causing injury to plaintiff's business or property, and (5) causation. Hangman Ridge Training Stables, Inc. v. Safeco Title Ins. Co., 105 Wn.2d 778 (1986).
• When the Lemon Law is violated, elements (1)–(3) are satisfied as a matter of law.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

The defect(s) complained of arose during the applicable warranty coverage period and remain unresolved.

IV. DESCRIPTION OF NONCONFORMITY

A. Primary Defect

A "nonconformity" under RCW 19.118.021(4) means any specific or generic defect or condition, or any concurrent combination of defects, that substantially impairs the use, value, or safety of a new motor vehicle to the consumer.

Primary Defect Description:

• Defect: [________________________________]
• First Occurrence Date: [__/__/____]
• Odometer at First Occurrence: [________________________________] miles
• Symptom(s): [________________________________]
• Safety Impact: ☐ Yes — [________________________________] ☐ No
• If safety: ☐ Qualifies for 2-repair threshold under RCW 19.118.041(1)(b)
• Use Impairment: [________________________________]
• Value Impairment: [________________________________]
• Manufacturer's Explanation(s): [________________________________]

Additional Defect(s) (if any):

Defect #2:

• Defect: [________________________________]
• First Occurrence: [__/__/____]
• Symptom(s): [________________________________]
• Safety Impact: ☐ Yes ☐ No

Defect #3 (add as needed):
[________________________________]

V. COMPLETE REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[Add Repair Attempt #5, #6, etc. as applicable]

Repair History Summary

VI. LEMON LAW QUALIFICATION ANALYSIS

A. Applicable Threshold(s) Met

☐ 4-Repair Threshold (RCW 19.118.041(1)(a)):
The same nonconformity ("[________________________________]") has been subject to repair [____] times, exceeding the four-repair threshold. The rebuttable presumption under RCW 19.118.041 is triggered.

☐ 2-Repair Safety Threshold (RCW 19.118.041(1)(b)):
The nonconformity ("[________________________________]") is likely to cause death or serious bodily injury if the vehicle is driven. It has been subject to repair [____] times without success, meeting the two-repair safety threshold.

☐ 30-Day Out-of-Service Threshold (RCW 19.118.041(1)(c)):
The vehicle has been out of service for a cumulative total of [____] calendar days during the Lemon Law Rights Period, exceeding the 30-day threshold.

B. All Conditions Within Coverage Period

• Vehicle original delivery date: [__/__/____]
• Lemon Law Rights Period ends: [__/__/____] (24 months) or [________________________________] miles
• First repair attempt: [__/__/____] — ☐ Within coverage period
• Most recent repair attempt: [__/__/____] — ☐ Within coverage period
• Current odometer: [________________________________] miles — ☐ Within mileage limit

C. Magnuson-Moss Warranty Act — Federal Overlay

In addition to the WMVWA, our Client has claims under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., for breach of written and implied warranties. Magnuson-Moss allows recovery of attorney's fees and costs to a prevailing consumer, and may be pursued concurrently with state Lemon Law claims in federal or state court.

VII. WASHINGTON NEW MOTOR VEHICLE ARBITRATION BOARD

A. WDFI-Administered Arbitration — RCW 19.118.080

Washington administers the New Motor Vehicle Arbitration Board through the Washington Department of Financial Institutions (WDFI). Key features:

• Free to the consumer — no filing fee.
• Arbitrators are trained in Washington Lemon Law.
• Manufacturer is bound by the arbitration award; consumer is not (consumer may reject award and proceed to court). RCW 19.118.080(3).
• Arbitration hearings are held in the county where the consumer resides.
• WDFI administers the program; contact: wdfi.wa.gov or (360) 902-8700.

B. Manufacturer-Certified Programs — RCW 19.118.110

If the manufacturer operates a certified arbitration program under RCW 19.118.110, the consumer may alternatively use that program. However, the WDFI Board is generally preferred because:

• The arbitrator is neutral and state-supervised.
• The manufacturer is bound by the award.
• WDFI oversight provides consumer accountability.

C. Arbitration Filing Deadline — RCW 19.118.061(1)

The consumer must request arbitration within 30 months from the date of original delivery. The 30-month deadline in this matter is [__/__/____]. This demand is being made with [____] months remaining on the deadline.

☐ Our Client intends to file for arbitration with the WDFI New Motor Vehicle Arbitration Board if this demand is not resolved within the time specified.

☐ Our Client will use the manufacturer's WDFI-certified arbitration program: [________________________________].

VIII. DEMAND FOR RELIEF

A. Primary Relief — Election (Choose One)

☐ OPTION 1 — REPURCHASE / FULL REFUND

Under RCW 19.118.031(1)(a), the manufacturer must repurchase the vehicle and refund:

Mileage Offset Calculation — RCW 19.118.031(1)(a):

Washington uses a 120,000-mile denominator (more consumer-favorable than many states):

Use Offset = Full Contract Price × (Miles at Written Notice ÷ 120,000)

= $[________________________________] × ([________________________________] ÷ 120,000)
= $[________________________________]

Note: Washington calculates mileage at the time of this written notice, not at the time of the first repair attempt. Sending this notice promptly minimizes the use offset.

Additionally, the manufacturer must pay off the outstanding loan/lease balance directly to:
[LIENHOLDER / LESSOR NAME] — Account No. [________________________________]
Payoff as of [__/__/____]: $[________________________________]

☐ OPTION 2 — REPLACEMENT VEHICLE

Under RCW 19.118.031(1)(b), the manufacturer must provide a comparable new motor vehicle acceptable to our Client — same make, model, trim level, and features as the defective vehicle, at no additional cost to the consumer. The mileage offset is applied as a credit, not a deduction.

B. Additional Relief Demanded

1. Civil Penalty for Willful Violation — RCW 19.118.090:
   ☐ Your violations are willful and knowing, entitling our Client to a civil penalty of up to 2× actual damages: $[________________________________].

2. Washington CPA Treble Damages — RCW 19.86.090:
   Your Lemon Law violation constitutes a per se CPA violation under the Hangman Ridge test. Treble actual damages, capped at $25,000: $[________________________________].

3. Attorney's Fees and Costs:
   - WMVWA: RCW 19.118.090 — fees to prevailing consumer.
   - CPA: RCW 19.86.090 — mandatory fees to prevailing consumer.
   - Magnuson-Moss: 15 U.S.C. § 2310(d)(2) — fees to prevailing consumer.
   - Attorney's fees incurred to date: $[________________________________].

4. Incidental and Consequential Damages:
   - Rental vehicle costs: $[________________________________]
   - Towing charges: $[________________________________]
   - Out-of-pocket repair costs: $[________________________________]
   - Other: $[________________________________]

C. Total Demand Summary

IX. FINAL REPAIR OPPORTUNITY

This letter constitutes formal written notification under RCW 19.118.041(2) and provides [MANUFACTURER] with its final repair opportunity before our Client proceeds to arbitration.

If you elect to attempt a final repair, contact the undersigned within ten (10) business days of the date of this letter to schedule the repair. The repair must be completed at an authorized Washington dealer at no cost to our Client. If the defect is not cured within a reasonable time, our Client will file for arbitration with the WDFI Washington New Motor Vehicle Arbitration Board without further notice.

Our Client will NOT accept a final repair opportunity if:
☐ The same defect has already been subject to [____] or more repair attempts.
☐ The defect poses a serious safety risk during continued vehicle operation.
☐ Our Client has lost confidence in the vehicle's safety and reliability.

X. DOCUMENT PRESERVATION DEMAND

You are hereby directed to immediately preserve all documents, data, and records relating to this vehicle and similar defects, including:

• All repair orders, warranty claim records, and related communications involving VIN [________________________________]
• All technical service bulletins (TSBs), technical information letters, and field service actions relating to the reported defect(s)
• All customer complaints and warranty claims involving similar defects in the same year/make/model
• All engineering analyses, root-cause reports, and field fix documents related to these defects
• All communications between [DEALER] and [MANUFACTURER] regarding this vehicle
• All pre-litigation records from any prior Lemon Law or warranty claims involving this vehicle
• The vehicle itself — do not sell, title, or alter until this matter is resolved

Failure to preserve this evidence may result in court-ordered sanctions, adverse inference instructions, and spoliation claims under Washington law.

XI. RESPONSE REQUIRED

Please respond in writing within ten (10) business days of the date of this letter:

1. Your position on whether the vehicle qualifies under RCW 19.118.041.
2. Your offer of repurchase or replacement, with specific dollar calculations.
3. Your election to attempt a final repair (if applicable) and proposed scheduling.
4. Identification of any manufacturer-certified arbitration program you intend to invoke.

If no satisfactory response is received, our Client will:
☐ File for arbitration with the WDFI New Motor Vehicle Arbitration Board.
☐ Report this matter to the Washington Attorney General's Consumer Protection Division (ago.wa.gov/consumer-protection) and the Washington Department of Financial Institutions (wdfi.wa.gov).
☐ Pursue civil action in Washington Superior Court or U.S. District Court for the Western/Eastern District of Washington for WMVWA, CPA, and Magnuson-Moss claims.

XII. RESERVATION OF RIGHTS

This letter is without prejudice to all rights and remedies of our Client under the WMVWA, the Washington CPA (RCW 19.86), the Magnuson-Moss Warranty Act (15 U.S.C. § 2301), and any other applicable federal or state law, all of which are expressly reserved.

Respectfully submitted,

[LAW FIRM NAME]

By: _______________________________________________
[ATTORNEY NAME]
Washington State Bar No. [________________________________]
[ADDRESS]
[CITY, WA ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
☐ Copies of all repair orders (Repair Attempts #1–#[____])
☐ Copy of purchase or lease agreement
☐ Copy of manufacturer warranty booklet
☐ Current vehicle registration
☐ Photographs/video documenting the defect
☐ Odometer log or photographs of odometer at each repair visit
☐ Rental car receipts and incidental expense documentation
☐ Prior written correspondence with manufacturer or dealer
☐ Client authorization to represent

cc: [CONSUMER NAME]
[LIENHOLDER / LESSOR, if applicable]
Washington Department of Financial Institutions — New Motor Vehicle Arbitration Board
Washington Attorney General — Consumer Protection Division

WASHINGTON LEMON LAW QUICK REFERENCE

WASHINGTON PRACTICE NOTES FOR SOLO ATTORNEYS

☐ WDFI is the Key Agency: The Washington New Motor Vehicle Arbitration Board is run by WDFI (not the AG). File arbitration requests at wdfi.wa.gov. The process is free and manufacturer-bound.

☐ 120,000-Mile Denominator is WA-Specific: Many other states use 100,000 miles. Washington's higher denominator reduces the use offset, putting more money back in the consumer's pocket. Always highlight this in refund calculations.

☐ Mileage Offset at Notice Date: Washington uniquely calculates the offset using mileage at the time of written notice (this letter), not at the first repair attempt. Send written notice as early as possible after the 4th repair attempt or 30 cumulative days out of service.

☐ Consumer NOT Bound by Arbitration Award: Unlike many states, Washington arbitration is one-sided binding — the manufacturer must comply if the consumer accepts, but the consumer can reject the award and proceed to court.

☐ CPA Per Se Theory: Plead the WMVWA violation as a per se CPA violation and separately calculate CPA treble damages. In cases with small vehicle values, CPA treble damages may exceed WMVWA remedies.

☐ Hang man Ridge Public Interest Element: For CPA claims, the "public interest" element is usually met because lemon law/warranty fraud affects many consumers. Cite pattern of TSBs, NHTSA complaints, or class complaints to establish the public interest element.

☐ Document Safety Separately: If any defect could cause death or serious injury, plead the 2-repair safety threshold in the alternative. This argument supports both the WMVWA claim and willful civil penalty.

☐ Willful Civil Penalty: The 2× civil penalty under RCW 19.118.090 is available for willful violations. Evidence of willfulness: prior NHTSA complaints, known TSBs that weren't disclosed, failure to fix a known systemic defect.

☐ Magnuson-Moss Federal Claims: Filing in Washington Superior Court or U.S. District Court (W.D. Wash. or E.D. Wash.) allows Magnuson-Moss attorney's fees if the WMVWA and Magnuson-Moss claims both succeed.

☐ 30-Month Hard Deadline: This is a jurisdictional prerequisite. Calendar the deadline from the vehicle delivery date the day you take the case.

SOURCES AND REFERENCES

• RCW 19.118 (Washington Motor Vehicle Warranties Act): https://app.leg.wa.gov/RCW/default.aspx?cite=19.118
• RCW 19.86 (Washington Consumer Protection Act): https://app.leg.wa.gov/RCW/default.aspx?cite=19.86
• WDFI New Motor Vehicle Arbitration Board: https://dfi.wa.gov/consumer/vehicle-arbitration
• Washington AG Consumer Protection Division: https://www.atg.wa.gov/consumer-protection
• NHTSA Vehicle Complaints Database: https://www.nhtsa.gov/vehicle/complaints
• Hangman Ridge Training Stables, Inc. v. Safeco Title Ins. Co., 105 Wn.2d 778 (1986) (CPA five-factor test)
• Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.: https://www.ftc.gov/legal-library/browse/statutes/magnuson-moss-warranty-act
• FTC Warranty Rule: 16 C.F.R. Part 700: https://www.ftc.gov/legal-library/browse/rules/federal-trade-commission-rules-regulations

This template is for informational purposes only and does not constitute legal advice. Washington Lemon Law has strict procedural prerequisites including written notice and arbitration before civil action. Consult a licensed Washington attorney before use.