District of Columbia Lemon Law: Do You Qualify?

District of Columbia lemon law at a glance

Coverage window

The first 18,000 miles of operation or the first 2 years after delivery to the original purchaser, whichever is earlier. You must report the defect to the manufacturer, its agent or its authorized dealer during that period; repairs may be made after it ends.

Who is covered

The purchaser (other than for resale), any person to whom the vehicle is leased or otherwise transferred during the duration of a warranty applicable to it, and any other person entitled to enforce the warranty. "Warranty" means the manufacturer's written or implied warranty. The rights pass to a later transferee. There is no separate lease provision.

Repair attempts

4 or more repairs of the same defect that is not safety-related, or 1 or more repairs of the same safety-related defect, after notifying the manufacturer, its agent or its authorized dealer, if the defect continues to exist. A safety-related defect reduces the operator's ability to control the vehicle in normal operation or creates a risk of fire, explosion or other life-threatening malfunction.

Days out of service

A cumulative total of 30 days or more out of service for repair of defects that significantly impair the vehicle, during the first 18,000 miles or 2 years, whichever is earlier. The statute does not say calendar or business days, and the 30-day period is extended when repair services are unavailable because of war, invasion, strike, fire, flood or other natural disaster.

Notice

You report the defect to the manufacturer, its agent or its authorized dealer during the period. An agent or dealer that receives it must forward written notice to the manufacturer within 7 days by certified mail, return receipt requested. A written notice from you as a precondition, and a final repair opportunity, are not addressed in the statute. The manufacturer, its agent or dealer must give a prospective consumer written notice of these rights.

Defenses

Two affirmative defenses to a claim for a refund or replacement: the defect does not significantly impair the vehicle (it does not make the vehicle unreliable or unsafe for normal operation or reduce its resale value below the average for comparable vehicles), or it is the result of abuse, neglect or unauthorized modifications or alterations.

Arbitration

Required before suing for a refund or replacement: you must first submit a claim to the Board of Consumer Claims Arbitration. A court action for that remedy is allowed only if the Board rejects the case or you reject its decision. The Board may award the relief provided by the chapter, any relief available under any other law, and reasonable attorneys' fees.

Deadlines

An action must be commenced within 4 years of original delivery of the vehicle to the consumer. A party may petition the court for a trial de novo within 20 days after receiving the Board's decision.

Attorney General

The Attorney General's guide says that if you think you bought a lemon you can report it to the Office of the Attorney General's Office of Consumer Protection, by calling 202-442-9828 or by writing. That report does not replace the claim to the Board of Consumer Claims Arbitration that § 50-502(f) requires before you can seek a refund or replacement.

Waivers and other law

An agreement in a purchase that waives, limits or disclaims these rights is void. The chapter does not limit the rights or remedies available to a consumer under any other law.

Used vehicles

No repair-or-refund remedy for a used motor vehicle (one past the first 18,000 miles or 2 years). A dealer must give written notice of known material mechanical defects and of certain damage before offering it for sale, with fines for violations, and the purchaser has a right of action for damages or injuries after first submitting a claim to the Board.

District of Columbia lemon law: frequently asked questions

How many repair attempts does the District of Columbia lemon law require?

Four or more for the same defect that is not safety-related, after you notified the manufacturer, its agent or its authorized dealer within the period, if the defect continues to exist. For a safety-related defect, one or more attempts are enough on the same terms. A cumulative 30 days or more out of service during that period, for defects that significantly impair the vehicle, is a third route. Each is a presumption that a reasonable number of attempts have been made; the manufacturer may raise the defenses in § 50-502(c).

Do I have to arbitrate before I sue?

Yes, to seek a refund or replacement. The statute says the consumer "shall first submit a claim" to the Board of Consumer Claims Arbitration. The Board must enter its decision no later than 60 days from the date it accepts a case. You may go to court only if the Board rejects the case or you reject the decision.

How long do I have to sue?

Any action under the chapter must be commenced within 4 years of the date of original delivery of the vehicle to the consumer. After a Board decision, a party has 20 days after receiving it to petition the court to vacate the decision and grant a trial de novo. The statute does not say whether the 4 years pauses during arbitration.

What can I recover if my car qualifies?

You choose a comparable replacement vehicle or a refund of the full purchase price, including all sales tax, license fees, registration fees and similar governmental charges. The manufacturer may deduct a reasonable allowance for use over the first 12,000 miles, not more than 10 cents per mile, and for damage not due to normal wear or the defect. Refunds go to you and the lienholder, if any. The arbitrator may also award relief available under any other law and reasonable attorneys' fees.

Does the District lemon law cover used cars, or help me buy a returned one?

The repair-or-refund remedy is for a new motor vehicle, and the Attorney General's guide says the law does not apply to used cars, motorcycles, motor homes or recreational vehicles. A vehicle still within its first 18,000 miles or first 2 years counts as new, and a person who receives it during a warranty is a consumer. Section 50-505 separately requires dealers to disclose known material mechanical defects on used vehicles. A vehicle returned under the law is noted on its title, and a dealer must state the return in the sales contract before you sign.

Statutes cited on this page

• D.C. Code § 50-502(a) (duty to report within the period; the manufacturer corrects the defect at no charge)
• D.C. Code § 50-502(d), (e) (presumption of a reasonable number of attempts; extension of the 30-day period)
• D.C. Code § 50-502(b) (replacement or refund at the consumer's option; allowance for use not to exceed 10 cents per mile over the first 12,000 miles)
• D.C. Code § 50-502(c) (affirmative defenses: no significant impairment; abuse, neglect, unauthorized modification)
• D.C. Code § 50-501(11), (12) ("Safety-related defect"; "Significantly impair")
• D.C. Code § 50-501(2) ("Consumer": purchaser, lessee, person to whom the vehicle is transferred during a warranty)
• D.C. Code § 50-501(9) ("Motor vehicle": sold or registered in the District; excluded types)
• D.C. Code § 50-502(f) (claim must first go to the Board of Consumer Claims Arbitration)
• D.C. Code § 50-503(q)(2) (relief the arbitrator or panel may award, including reasonable attorneys' fees)
• D.C. Code § 50-507(b) (action within 4 years of original delivery)
• D.C. Code § 50-507(a) (rights and remedies under any other law are not limited)
• D.C. Code § 50-504(c) (agreements waiving the rights are void; the rights pass to a transferee)
• D.C. Code § 50-502(g) (a returned vehicle is noted on the title and stated in a resale contract)
• D.C. Code § 50-505(c) (a used-vehicle purchaser's right of action against the dealer, after a Board claim)
• Office of the Attorney General, Consumer Alert: Lemon Law (report a lemon to the Office of Consumer Protection)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.