Washington Lemon Law Refund Calculator

How the Washington buyback is calculated

Under the Washington Lemon Law (RCW 19.118).

• A repurchase refunds the purchase price, all collateral charges and incidental costs, less a reasonable offset for use (RCW 19.118.041(1)(b)). The purchase price is the cash price in the sales agreement; it includes any trade-in allowance but not a manufacturer-to-consumer rebate (RCW 19.118.021(15)). For a lease it is the capitalized cost, and the manufacturer refunds all payments made under the lease.
• The offset is a fixed formula: the miles directly attributable to your use, from delivery to the first attempt to diagnose or repair the defect, times the purchase price, divided by 120,000 (RCW 19.118.041(1)(c)). The divisor is 90,000 for a motor home and 25,000 for a motorcycle, so those offsets are larger for the same miles. The board can raise or lower a motor home offset by up to one-third.
• Collateral charges are "any sales or lease related charges", including sales and use tax, unused license, registration and title fees, finance charges, prepayment penalties, dealer preparation and transportation charges, service contracts, undercoating, rustproofing, and factory or dealer installed options (RCW 19.118.021(2)).
• Incidental costs are any reasonable expenses you incurred in connection with the repair, including towing and alternative transportation (RCW 19.118.021(7)). The Attorney General says to bring verification of every item to the hearing; items you cannot document may be left out of an award.
• RCW 19.118 has no consumer multiplier. A manufacturer that does not comply with a board decision within 40 days can be fined by the Attorney General (up to $1,000 a day, to $100,000), and the fine goes to the state. On a trial de novo the consumer's recovery includes the award, attorneys' fees and costs and, if the manufacturer did not comply, $25 a day (RCW 19.118.100(3)). A violation of the chapter is also an unfair or deceptive act for the Consumer Protection Act, which lets a court increase damages up to three times actual damages (RCW 19.118.120; RCW 19.86.090).

Washington lemon law: frequently asked questions

How much can I recover under the Washington lemon law?

A repurchase refunds the purchase price, collateral charges and incidental costs, less the offset for use. On a $35,000 vehicle with 3,000 of your own miles at the first repair attempt, the offset is $35,000 x 3,000 / 120,000, or about $875, leaving $34,125 plus the collateral charges and incidental costs you can document. The calculator result is an estimate.

How does the Washington mileage offset work?

The statute multiplies the miles directly attributable to your use, up to the first attempt to diagnose or repair the defect, by the purchase price and divides by 120,000 (90,000 for a motor home, 25,000 for a motorcycle). If the manufacturer repurchases solely because of days out of service, the miles stop at the fifteenth cumulative day out of service. A later buyer who chooses repurchase counts miles from the purchase. Enter miles outside those periods as miles not attributable to you.

What is the Washington Attorney General arbitration program?

The Attorney General contracts with a New Motor Vehicle Arbitration Board that decides lemon law disputes under the standards of the chapter (RCW 19.118.080). The Attorney General says there is no charge for the arbitration process. You send the Attorney General a request for arbitration, with repair orders; the manufacturer must submit to arbitration requested within 30 months of original delivery (RCW 19.118.090(3)). From the date the request is assigned, an arbitrator must hear the dispute within 45 calendar days and the board has 60 days to submit a decision (RCW 19.118.090(2)).

Who pays the attorney fees?

If the board awards a remedy and the manufacturer was directly represented by counsel, the board "shall award" reasonable costs and attorneys' fees (RCW 19.118.090(6)(b)). A consumer who prevails on a trial de novo in superior court recovers attorneys' fees and costs (RCW 19.118.100(3)). The Consumer Protection Act also allows a reasonable attorney's fee (RCW 19.86.090). The consumer may be represented in arbitration only by an attorney or by himself or herself (WAC 44-10-140(2)).

What happens after the board decides?

You may accept or reject the decision within 60 days; a failure to respond is a rejection. If you accept, the manufacturer has 40 calendar days to comply or 30 calendar days to petition to appeal. If you reject, you have 120 calendar days to file a petition of appeal in superior court (RCW 19.118.090(7) to (9)). If the manufacturer has not complied after 40 days, the Attorney General may impose a fine of $300 a day, rising to $1,000 a day, to a maximum of $100,000, paid to the state (RCW 19.118.095(2); WAC 44-10-300).