Does Washington State Lemon Law Apply to Used Cars? Exceptions and Federal Alternatives
The Washington State Lemon Law strictly covers new vehicles or used vehicles that still fall under the original factory warranty (within 2 years or 24,000 miles of the original delivery date, with arbitration filed within 30 months). For older used cars, consumers may invoke the federal Magnuson-Moss Warranty Act.
Buying a used car is a great way to save money, but it comes with distinct legal risks. If your recently purchased used vehicle breaks down repeatedly, your first thought might be to file a Lemon Law claim. However, Washington State's Motor Vehicle Lemon Law is primarily designed to protect buyers of brand-new vehicles. Used car buyers face a much narrower path to legal relief.
While the state law has strict limitations, you are not entirely out of luck if you purchase a defective used vehicle. Between specific exceptions in state law and powerful federal statutes, there are legal mechanisms to force manufacturers to honor their promises. Because navigating the overlap between state and federal warranty laws is highly complex, we strongly recommend browsing our directory to consult with a local attorney who handles consumer protection and auto defect cases.
When the Washington State Lemon Law Covers Used Cars
The state statute does not explicitly use the term 'used cars'. Instead, Wash. Rev. Code § 19.118.021 defines a 'new motor vehicle' as one that is still covered by the manufacturer's original warranty and was transferred to a new owner within two years of its original retail delivery date or within the first 24,000 miles, whichever comes first. Additionally, under Wash. Rev. Code § 19.118.090(3), the Attorney General's Lemon Law Administration must receive your arbitration request within 30 months of the original retail delivery date. If your used vehicle meets these eligibility criteria and filing deadlines, you have the full protection of the state Lemon Law.
Certified Pre-Owned (CPO) Vehicles
Many consumers buy Certified Pre-Owned (CPO) vehicles under the assumption that the 'certified' label automatically grants Lemon Law protection. This is a dangerous misconception. While CPO vehicles come with extended service contracts backed by the manufacturer, the Washington Lemon Law only applies if the vehicle is still within that critical initial 2-year/24,000-mile window of the original factory warranty. If a defect arises solely under the extended CPO warranty after the original warranty expires, the state Lemon Law does not apply.
Remaining Factory Bumper-to-Bumper Warranties
If you purchase a 1-year-old vehicle with 15,000 miles on the odometer, the original bumper-to-bumper warranty automatically transfers to you. If that vehicle develops a severe, unfixable defect, you are treated exactly like the original owner. You can file Form Request for Arbitration, Washington, Office of the Attorney General, Lemon Law Administration Request for Arbitration directly with the Washington State Office of the Attorney General, Seattle or the Washington State Office of the Attorney General, Spokane.
The Magnuson-Moss Warranty Act: Your Federal Alternative
If your used car falls outside the strict 2-year/24,000-mile Washington limit, your best legal alternative is federal law. The Magnuson-Moss Warranty Act (15 U.S.C. § 2301) is often referred to as the federal Lemon Law. This federal statute governs consumer product warranties, including extended service contracts and CPO warranties.
Under Magnuson-Moss, if a manufacturer or dealer fails to repair a defect after a reasonable number of attempts while the vehicle is under a written warranty, you may be entitled to financial damages or a refund. Federal courts have consistently upheld consumer rights under this act, as demonstrated in precedents like Daniel v. Ford Motor Co., 806 F.3d 1217 (9th Cir. 2015), which applies to Washington consumers within the Ninth Circuit. This law also includes a powerful fee-shifting provision, forcing the manufacturer to pay your attorney fees if you win.
How Much Does it Cost in Washington?
Pursuing a claim for a defective used vehicle involves different costs depending on whether you qualify for state or federal protection.
- State AG Arbitration: Free to submit your request and attend the hearing.
- Federal Litigation (Magnuson-Moss): Most consumer protection attorneys will handle these cases on a contingency basis, meaning you pay $0 upfront. The manufacturer pays the lawyer if the case is successful.
- Filing Fees: If you must file a lawsuit in federal court, the filing fee is currently $405, though your attorney will often advance this cost.
- Diagnostic Fees: You may need to pay an independent mechanic $150 to $300 to officially document the ongoing defect.
| WA State Lemon Law | $0 (via AG Arbitration) |
| Magnuson-Moss Federal Suit | $405 Court Fee |
| Independent Diagnostics | $150 - $300 |
How Long Does the Process Take?
If your used vehicle qualifies for the Washington State Lemon Law and you enter the Attorney General's arbitration program, the hearing is held within 45 calendar days, and the arbitration decision is rendered within 60 calendar days. However, if your vehicle only qualifies for a breach of warranty lawsuit under the federal Magnuson-Moss Warranty Act, federal civil litigation is much slower. A federal warranty case can take anywhere from 9 to 24 months to reach a settlement or trial.
Does the Lemon Law apply if I bought the used car from a private seller?
Yes, but only if the vehicle still meets the strict criteria (within 2 years and 24,000 miles from the original retail delivery), the original factory warranty was successfully transferred to you, and your arbitration request is received within 30 months under Wash. Rev. Code § 19.118.090(3).
What is considered a 'reasonable number of attempts' to repair?
In Washington, this generally means the vehicle has been subjected to repair four or more times for the same defect, or two times for a serious safety defect, or has been out of service for 30 cumulative days.
Can I return a used car just because I changed my mind?
No. Washington State does not have a general 'cooling-off' period or right to cancel a vehicle purchase. Once you sign the contract and take delivery, the car is yours unless it qualifies as a lemon.
Does Magnuson-Moss cover vehicles sold 'As-Is'?
Generally, no. If a used vehicle is explicitly sold 'As-Is' with no written warranties or implied warranties, the Magnuson-Moss Warranty Act cannot be used to force the manufacturer or dealer to make repairs.
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