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 — WRITTEN REQUEST FOR REPURCHASE OR REPLACEMENT
RCW 19.118.041(1) — 40-Day Repurchase/Replacement Demand
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 of the vehicle.

This letter constitutes the consumer's WRITTEN REQUEST to the manufacturer under RCW 19.118.041(1). Within forty (40) calendar days of this request, the manufacturer must, at our Client's option, either repurchase or replace the nonconforming vehicle. A reasonable number of repair attempts has already been undertaken (see the qualification analysis below), so no further repair opportunity is required for a vehicle of this type.

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(12)

A "new motor vehicle" under the WMVWA (RCW 19.118.021(12)) means any new self-propelled vehicle, including a new motorcycle (motorcycle with an engine displacement of at least 750 cc, per RCW 19.118.021(9)), primarily designed for transporting persons or property over public highways, originally purchased or leased at retail from a Washington new motor vehicle dealer or leasing company. It includes a demonstrator or lease-purchase vehicle if a manufacturer's warranty was issued as a condition of sale. In the case of a motor home, the chapter applies to the self-propelled vehicle and chassis (but not the portions designated, used, or maintained primarily as a mobile dwelling, office, or commercial space).

Excluded: trucks with a gross vehicle weight rating of 19,000 pounds or more, and vehicles purchased or leased by a business as part of a fleet of ten or more vehicles. (Motorcycles and motor homes are covered, not excluded, and are subject to special offset denominators — see the mileage-offset section.)

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

C. Eligibility Period — RCW 19.118.021(6)

Washington's "eligibility period" is the period ending:

• Two (2) years after the date of original delivery to the consumer; OR
• The first 24,000 miles of operation;
• Whichever occurs first.

This vehicle was originally delivered on [__/__/____]. The eligibility period runs through [__/__/____] (2 years) or [________________________________] miles, whichever is earlier. All repair attempts described below occurred within the eligibility period. (The manufacturer's written warranty is at least one year or the first 12,000 miles, whichever occurs first — RCW 19.118.041(2).)

D. Reasonable Number of Attempts — RCW 19.118.041(2)

Washington law presumes a reasonable number of attempts have been undertaken if any ONE of the following is satisfied (with at least one qualifying attempt occurring during the manufacturer's written warranty term):

Standard Defect (4-Repair Threshold — RCW 19.118.041(2)(b)):
The same nonconformity has been subject to diagnosis or repair four (4) or more times by the manufacturer, its agent, or the new motor vehicle dealer, and the nonconformity continues to exist.

Serious Safety Defect (2-Repair Threshold — RCW 19.118.041(2)(a)):
A serious safety defect — a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the vehicle, or creates a risk of fire or explosion (RCW 19.118.021(19)) — has been subject to diagnosis or repair two (2) or more times and continues to exist. Only two attempts are required for a serious safety defect.

Two Serious Safety Defects in 12 Months (RCW 19.118.041(2)(d)):
Within a twelve-month period, two or more different serious safety defects, each subject to diagnosis or repair one or more times (at least one attempt for each during the warranty term).

Days-Out-of-Service Threshold (RCW 19.118.041(2)(c)):
The vehicle has been out of service by reason of diagnosis or repair for a cumulative total of 30 calendar days, at least fifteen (15) of them during the manufacturer's written warranty term.

Our Client's vehicle satisfies [SELECT ALL THAT APPLY]:
☐ The 4-repair threshold — same defect repaired [____] times
☐ The 2-repair serious-safety-defect threshold
☐ Two serious safety defects within a 12-month period
☐ The 30-day out-of-service threshold — vehicle out of service [____] days total

E. Written Request and 40-Day Manufacturer Obligation — RCW 19.118.041(1)

Once a reasonable number of attempts has occurred, the consumer makes a written request to the manufacturer's corporate, dispute resolution, zone, or regional office. This letter is that written request. Within forty (40) calendar days, the manufacturer must, at the consumer's option, either repurchase or replace the vehicle (RCW 19.118.041(1)). For a vehicle of this type there is no separate statutory "final repair opportunity" — that additional-attempt structure applies only to motor homes (RCW 19.118.041(3)). Before filing a superior court action, the consumer must first exhaust the New Motor Vehicle Arbitration Board remedy (or the manufacturer's informal dispute procedure under RCW 19.118.150). RCW 19.118.080(3).

F. Washington Consumer Protection Act — Scope of Any CPA Claim

A CPA claim (RCW 19.86) may be available in appropriate cases, but it is not automatic against a manufacturer. The WMVWA makes only a violation of the responsibilities expressly imposed upon dealers a per se CPA violation (RCW 19.118.041(4)). A CPA claim against the manufacturer must be independently established under the five-factor test of Hangman Ridge Training Stables, Inc. v. Safeco Title Ins. Co., 105 Wn.2d 778 (1986): (1) an unfair or deceptive act (2) in trade or commerce, (3) affecting the public interest, (4) causing injury to business or property, and (5) causation. Where proven, the CPA authorizes actual damages, trebled up to $25,000, plus mandatory attorney's fees (RCW 19.86.090). Counsel should plead and prove each CPA element rather than assume a per se manufacturer violation.

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(14) means a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle (excluding a defect resulting from abuse, neglect, or unauthorized modification).

Primary Defect Description:

• Defect: [________________________________]
• First Occurrence Date: [__/__/____]
• Odometer at First Occurrence: [________________________________] miles
• Symptom(s): [________________________________]
• Safety Impact: ☐ Yes — [________________________________] ☐ No
• If safety: ☐ Serious safety defect qualifying for 2-repair threshold under RCW 19.118.041(2)(a)
• 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(2)(b)):
The same nonconformity ("[________________________________]") has been subject to diagnosis or repair [____] times (at least one during the warranty term) and continues to exist, meeting the four-repair threshold.

☐ 2-Repair Serious-Safety-Defect Threshold (RCW 19.118.041(2)(a)):
The nonconformity ("[________________________________]") is a serious safety defect (RCW 19.118.021(19)). It has been subject to diagnosis or repair [____] times and continues to exist, meeting the two-repair serious-safety-defect threshold.

☐ 30-Day Out-of-Service Threshold (RCW 19.118.041(2)(c)):
The vehicle has been out of service for a cumulative total of [____] calendar days (at least 15 during the warranty term), meeting the 30-day threshold.

B. All Conditions Within Coverage Period

• Vehicle original delivery date: [__/__/____]
• Eligibility period ends: [__/__/____] (2 years) 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. Attorney-General-Administered Arbitration — RCW 19.118.080

Washington's New Motor Vehicle Arbitration Board is administered by the Washington Attorney General, who contracts with independent, unaffiliated entities to conduct the arbitrations (RCW 19.118.080(1)). Key features:

• The consumer submits the request for arbitration to the Attorney General (RCW 19.118.090(1)).
• Arbitration entities and arbitrators may not be involved in the manufacture, distribution, sale, or warranty service of motor vehicles (RCW 19.118.080(1)).
• After a dispute is accepted and assigned, the board has 45 days to hear it and 60 days to submit a decision (RCW 19.118.090(2)).
• Exhaustion required: A consumer must exhaust the arbitration board remedy (or the manufacturer's informal dispute procedure under RCW 19.118.150) before filing any superior court action (RCW 19.118.080(3)).
• Consumer may accept or reject the decision; failure to respond within 60 days is deemed a rejection (RCW 19.118.090(7)). On acceptance, the manufacturer has 40 days to comply or 30 days to appeal (RCW 19.118.090(9)).
• Contact the Washington Attorney General's Lemon Law program: (800) 541-8898 / atg.wa.gov.

B. Optional Manufacturer Informal Dispute Procedure — RCW 19.118.150

If the manufacturer has established an informal dispute resolution settlement procedure that substantially complies with 16 C.F.R. Part 703, the consumer may choose to first submit the dispute to that procedure (RCW 19.118.150). It is optional, and using it also satisfies the exhaustion requirement in RCW 19.118.080(3).

C. Arbitration Deadline — RCW 19.118.090(3)

The manufacturer must submit to arbitration if the consumer requests it within 30 months from the date of original delivery and the Attorney General accepts the dispute (RCW 19.118.090(3)). The 30-month deadline in this matter is [__/__/____]. This demand is being made with [____] months remaining on the deadline.

☐ Our Client intends to request arbitration from the Washington Attorney General's New Motor Vehicle Arbitration Board if this demand is not resolved within the time specified.

☐ Our Client will first use the manufacturer's informal dispute procedure: [________________________________].

VIII. DEMAND FOR RELIEF

A. Primary Relief — Election (Choose One)

☐ OPTION 1 — REPURCHASE / FULL REFUND

Under RCW 19.118.041(1)(b), the manufacturer must repurchase the vehicle and refund:

Reasonable Offset for Use — RCW 19.118.041(1)(c):

The offset is the miles the vehicle traveled directly attributable to the consumer's use between the purchase/lease/in-service date and the date of the FIRST attempt to diagnose or repair the nonconformity, multiplied by the purchase price, divided by 120,000 (for a motor home, divided by 90,000; for a motorcycle, divided by 25,000):

Use Offset = Purchase Price × (Miles to First Repair Attempt ÷ 120,000)

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

Note: Washington fixes the numerator at the mileage as of the FIRST repair attempt — not current mileage or mileage at the date of this letter. Where a vehicle is repurchased solely for accumulated days out of service, the numerator is capped at the mileage on the 15th cumulative day out of service (RCW 19.118.041(1)(c)).

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 19.118.041(1)(a), the manufacturer must provide a replacement motor vehicle identical or reasonably equivalent to the vehicle as it existed at original purchase or lease (including any service contract, undercoating, rustproofing, and factory- or dealer-installed options). Where the manufacturer supplies a replacement, it is responsible for sales tax, license, registration fees, and refund of incidental costs; the consumer pays a reasonable offset for use.

B. Additional Relief Demanded

1. Escalating Exposure on Appeal — RCW 19.118.100(3):
   If this matter proceeds to arbitration and then a superior court trial de novo, and the manufacturer appeals without good cause or solely to harass, the court shall at least double, and may triple, the total award. If our Client prevails on appeal, recovery also includes the monetary value of the award, attorneys' fees and costs incurred in superior court, and continuing damages of $25 per day for each day beyond the 40-day compliance period that the manufacturer failed to provide a free comparable loaner (RCW 19.118.100(3)).

2. Washington CPA Claim (if independently established) — RCW 19.86.090:
   A CPA claim, if proven under the Hangman Ridge five-factor test, permits treble actual damages capped at $25,000 plus mandatory attorney's fees: $[________________________________]. (Note: only dealer-responsibility violations are per se CPA violations under RCW 19.118.041(4); a manufacturer CPA claim must be independently established.)

3. Attorney's Fees and Costs:
   - WMVWA arbitration: RCW 19.118.090(6)(b) — the board awards the consumer's reasonable costs and attorneys' fees where the manufacturer is directly represented by counsel.
   - WMVWA superior court appeal: RCW 19.118.100(3) — attorneys' fees and costs to a prevailing consumer.
   - CPA (if established): 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

Additional exposure may arise on a superior court trial de novo, including doubling/tripling of the award and $25/day continuing damages where a manufacturer appeals without good cause (RCW 19.118.100(3)).

IX. WRITTEN REQUEST AND 40-DAY DEADLINE

This letter is our Client's written request for repurchase or replacement under RCW 19.118.041(1). A reasonable number of repair attempts has already occurred, so the manufacturer has forty (40) calendar days from receipt of this request to repurchase or replace the vehicle at our Client's option. For a vehicle of this type, no additional statutory "final repair opportunity" applies (that structure is limited to motor homes under RCW 19.118.041(3)).

If the manufacturer wishes to discuss a voluntary inspection or resolution, contact the undersigned promptly. If the manufacturer does not repurchase or replace within the 40-day period, our Client will request arbitration from the Washington Attorney General's New Motor Vehicle Arbitration Board without further notice.

Our Client does NOT consent to further repair attempts as a condition of relief where:
☐ 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

Washington spoliation remedies depend on culpability and the importance of missing evidence. An adverse-inference instruction requires intentional destruction or bad faith; preservation failure does not automatically create a separate spoliation claim.

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. Whether you elect to repurchase or replace, and your calculations.
4. Identification of any manufacturer informal dispute resolution procedure (16 C.F.R. Part 703) you offer.

If no satisfactory response is received, our Client will:
☐ Request arbitration from the Washington Attorney General's New Motor Vehicle Arbitration Board.
☐ Report this matter to the Washington Attorney General's Consumer Protection Division (atg.wa.gov/consumer-protection).
☐ After exhausting arbitration, 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 Attorney General — New Motor Vehicle Arbitration Board / Consumer Protection Division

WASHINGTON LEMON LAW QUICK REFERENCE

WASHINGTON PRACTICE NOTES FOR SOLO ATTORNEYS

☐ The Attorney General Is the Key Agency: The Washington New Motor Vehicle Arbitration Board is administered by the Attorney General (not WDFI), who contracts with independent arbitration entities (RCW 19.118.080). Submit the arbitration request to the AG (RCW 19.118.090(1)); AG lemon law line (800) 541-8898.

☐ Offset Denominators — 120,000 / 90,000 / 25,000: The reasonable offset for use divides by 120,000 for cars, 90,000 for motor homes, and 25,000 for motorcycles (RCW 19.118.041(1)(c)). Match the denominator to the vehicle type.

☐ Offset Fixed at First Repair Attempt: Washington computes the offset on mileage attributable to the consumer's use up to the first repair attempt — not current mileage or the date of the demand letter. (Days-out-of-service repurchases cap the numerator at the 15th cumulative day out of service.) Do not tell clients that sending notice earlier reduces the offset.

☐ Exhaust Arbitration Before Suit: The consumer must exhaust the arbitration board (or the manufacturer's informal 16 C.F.R. Part 703 procedure) before filing a superior court action (RCW 19.118.080(3)). The consumer may accept or reject the board decision (RCW 19.118.090(7)).

☐ CPA Is Not Automatic Against the Manufacturer: Only dealer-responsibility violations are per se CPA violations (RCW 19.118.041(4)). A manufacturer CPA claim must be independently pleaded and proven under Hangman Ridge. Do not assume a per se manufacturer violation.

☐ Hangman Ridge Public Interest Element: For CPA claims, establish the "public interest" element with a pattern of TSBs, NHTSA complaints, or class complaints — it is not presumed.

☐ Document Serious Safety Defects Separately: If any defect is a serious safety defect (RCW 19.118.021(19)), plead the 2-repair threshold in the alternative (RCW 19.118.041(2)(a)).

☐ Appeal Penalty, Not a Willful Civil Penalty: There is no general "2× willful civil penalty." On a superior court trial de novo, the court shall at least double, and may triple, the award where a party appealed without good cause or to harass, and a prevailing consumer also recovers fees, costs, and $25/day loaner damages (RCW 19.118.100(3)).

☐ 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 Deadline: Request arbitration within 30 months of original delivery (RCW 19.118.090(3)). Calendar it from the 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
• Washington Attorney General — Lemon Law / New Motor Vehicle Arbitration: https://www.atg.wa.gov/lemon-law
• 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.