Grip on steering wheel may be all Mboweni has
Policy decisions are based on guesses - because everyone's take on life is different and no one's version of reality is reliable.
Often they are educated guesses. When Reserve Bank governor Tito Mboweni and his monetary policy committee (MPC) make a call on interest rates, their decision could be called a very educated guess, based on vast quantities of the best available information.
But the best available information just isn't good enough. For a start, it's out of date before it reaches the governor's desk.
US Federal Reserve Board chairman Ben Bernanke dealt with this and other problems facing central bank governors in a speech in December 2004, long before his appointment last year as chairman.
He compared driving monetary policy to driving a car with "an unreliable speedometer, a foggy windshield and a tendency to respond unpredictably, and with a delay to the accelerator or the brake".
He explained that the data are available only after a lag, and that collecting and collating it is an imperfect process. So it's very difficult for anyone to determine precisely where an economy is in the cycle at any particular point.
It's also impossible to know whether the key central bank rate is at an appropriate level.
That's because "a family decision to buy a new home or a firm's decision to acquire new capital goods depend much more on longer-term interest rates - mortgage rates and corporate bond rates - than on the Federal funds rate", said Bernanke.
And long-term rates, in turn, depend on how "financial market participants expect the Federal funds rate and other short term rates to evolve over time".
So the process is circular.
In the circumstances, Bernanke said, driving monetary policy was like driving "a car whose speed at a particular moment depends not on the pressure on the accelerator at that moment, but on the expected average pressure on the accelerator over the rest of the trip".
That's as scary as finding out the bus driver left his glasses at home and borrowed a pair from a passenger.
The theme of uncertainty was picked up last month by Federal vice-chairman Donald Kohn. Forecasts of inflation, reflected by financial market movements, "only give us a sense of where inflation is expected to go, not why it is going there", he said.
His point was that, unless the central bank knows what is driving inflation, it can't decide on the appropriate policy move.
Of course, the greatest unknown - that central bankers know they don't know - is when monetary policy will kick in.
There is a lag before changes in interest rates affect borrowing and spending. But no one is sure exactly how long it will take, or how sharp the response will be when it comes.
Households and businesses can't immediately change course; moreover, if they did, the move might be too sharp.
And the process might have to be abruptly reversed.
Chris Stals, Mboweni's predecessor, once admitted that making monetary policy decisions was like launching an unguided missile and hoping it would arrive at the right spot.
A tiny error in the launch angle and it would overshoot its target by many multiples, he said.
Sunday, September 2, 2007
Auto Seats
An Overview Of Car Seat Covers
Car seat covers come in different sizes and shapes for various models of cars in the market. They come as bucket seats with headrests, single benches with split headrests, split benches with headrests, bucket and bench seats with armrests, solid benches and high- and low-back bucket seat covers, etc.
Car owners can choose their own materials for covering their seats. Sheepskin car seat covers, Hawaiian print covers and, of course, custom-made covers for your own model of car are now available in the market. They come in a wide range of prices starting from the inexpensive ones you get in the supermarket, which are usually ill-fitted for most seats, to very expensive custom-made leather seat covers, which give your car an elegant look.
Popular brand manufacturers of seat covers include Wet Okole, Covercraft, Cal Trend Auto Accessories and Shearcomfort.
Car seat care from Wet Okole includes routine washing of the seats with their special wetsuit shampoo and using their Hawaii Seat cover UV Protectant that stops the ultraviolet rays of the sun from damaging the seat covers.
Some important factors have to be taken into consideration when buying the perfect cover for your car seats. Seat covers should fit the model and make of your car. One has to take into account the price and quality of the covers; for example, inexpensive covers that are mass produced may not last very long. It is important to select covers that are machine washable and water repellant and to buy them from manufacturers who offer a life-time warranty.
Headrests are fitted on to the seats in different ways. If you select a cover for a headrest with two posts, make sure your car headrests are not supported by just one post. Also, take into consideration the fit of your seat belt, as some covers come with attached seat belts, which you may not need if your car already has them fitted to the upholstery.
Car seat covers come in different sizes and shapes for various models of cars in the market. They come as bucket seats with headrests, single benches with split headrests, split benches with headrests, bucket and bench seats with armrests, solid benches and high- and low-back bucket seat covers, etc.
Car owners can choose their own materials for covering their seats. Sheepskin car seat covers, Hawaiian print covers and, of course, custom-made covers for your own model of car are now available in the market. They come in a wide range of prices starting from the inexpensive ones you get in the supermarket, which are usually ill-fitted for most seats, to very expensive custom-made leather seat covers, which give your car an elegant look.
Popular brand manufacturers of seat covers include Wet Okole, Covercraft, Cal Trend Auto Accessories and Shearcomfort.
Car seat care from Wet Okole includes routine washing of the seats with their special wetsuit shampoo and using their Hawaii Seat cover UV Protectant that stops the ultraviolet rays of the sun from damaging the seat covers.
Some important factors have to be taken into consideration when buying the perfect cover for your car seats. Seat covers should fit the model and make of your car. One has to take into account the price and quality of the covers; for example, inexpensive covers that are mass produced may not last very long. It is important to select covers that are machine washable and water repellant and to buy them from manufacturers who offer a life-time warranty.
Headrests are fitted on to the seats in different ways. If you select a cover for a headrest with two posts, make sure your car headrests are not supported by just one post. Also, take into consideration the fit of your seat belt, as some covers come with attached seat belts, which you may not need if your car already has them fitted to the upholstery.
Automotive Decals
How To Install & Apply Car Vinyl Graphics
Adding a vinyl graphics kit to your car is fairly simple and an inexpensive mod that will make a dramatic change to how your car looks. Car decals consist of three layers. The first or top layer of the decal is the piece that holds the entire application together until it is installed on a car. The middle layer is the actual decal that adheres to the car and the bottom layer is the wax backing that preserves the adhesive.
Items You Will Need:
Vinyl Graphics
Store Bought Application Fluid or Spray Bottle With Soap Water
(Mix 1 teaspoon of mild soap with 1 gallon of water)
Paper Towel Roll
Step By Step DIY Instructions:
1. Completely clean the outside of your car or the decal application area to remove any grease or dust particles that may prevent the decal from sticking to the surface. Make sure when you dry the car that you use a lint free cloth.
Never use harsh ammonia based cleaning products (i.e. Window Cleaner), they will cause your decals to bubble and peel a few weeks after application.
2. Test fit the decal on your car to figure out exactly where you want to apply the graphic with all 3 layers intact.
3. Use your spray bottle to wet the area where you are applying the sticker. Make sure there are no dry areas.
4. Peel the wax paper backing off of the decal to expose the adhesive side and spray lightly with the soap water mixture. Do not peel the top layer off just yet.
5. Put the sticky side of the decal to the surface of the car where you want it applied. Slide the decal around gently to make any adjustments until it is properly placed in the area you selected. Be careful not to rip it.
We recommend when applying larger graphics that you recruit a friend or two to help so avoid putting creases into the vinyl.
6. Using your squeegee, work all of the fluid and bubbles from the vinyl starting at the center and working your way out to the edges. Repeat the process a couple of times if necessary to get all of the soap water and trapped air from underneath the decal.
7. With the decal on your car, now spray the entire sticker to neutralize the glue. Squeegee it again to remove any remaining air pockets or fluids.
8. At this point, take a break. The decal needs to remain on your car for approximately 1/2 hour to a full hour depending on how warm it is outdoors. If you do not have time for the decal to dry on it's own, you can use a blowdryer on a low setting on the decal. Once it has dried, remove the top application layer peeling it straight up to reveal the decal. If the vinyl peels off when removing the top layer, go back to step 6. Make sure you do not try to remove the remaining layer until it is dry again.
9. With the vinyl on your car, trim any edges with excess vinyl using a sharp tool such as a razor. To tuck the edges around doors and gas caps, use a blowdryer to dry first and then pinch the edges to form it into place.
10. To ensure that you got all of the air bubbles from underneath the decal, you should give it one more good spray and run your squeegee over the decal one last time. Although you can drive your car without fear of the decals flying off, we suggest you wait 24 hours before washing, waxing or driving through rain/snow.
Adding a vinyl graphics kit to your car is fairly simple and an inexpensive mod that will make a dramatic change to how your car looks. Car decals consist of three layers. The first or top layer of the decal is the piece that holds the entire application together until it is installed on a car. The middle layer is the actual decal that adheres to the car and the bottom layer is the wax backing that preserves the adhesive.
Items You Will Need:
Vinyl Graphics
Store Bought Application Fluid or Spray Bottle With Soap Water
(Mix 1 teaspoon of mild soap with 1 gallon of water)
Paper Towel Roll
Step By Step DIY Instructions:
1. Completely clean the outside of your car or the decal application area to remove any grease or dust particles that may prevent the decal from sticking to the surface. Make sure when you dry the car that you use a lint free cloth.
Never use harsh ammonia based cleaning products (i.e. Window Cleaner), they will cause your decals to bubble and peel a few weeks after application.
2. Test fit the decal on your car to figure out exactly where you want to apply the graphic with all 3 layers intact.
3. Use your spray bottle to wet the area where you are applying the sticker. Make sure there are no dry areas.
4. Peel the wax paper backing off of the decal to expose the adhesive side and spray lightly with the soap water mixture. Do not peel the top layer off just yet.
5. Put the sticky side of the decal to the surface of the car where you want it applied. Slide the decal around gently to make any adjustments until it is properly placed in the area you selected. Be careful not to rip it.
We recommend when applying larger graphics that you recruit a friend or two to help so avoid putting creases into the vinyl.
6. Using your squeegee, work all of the fluid and bubbles from the vinyl starting at the center and working your way out to the edges. Repeat the process a couple of times if necessary to get all of the soap water and trapped air from underneath the decal.
7. With the decal on your car, now spray the entire sticker to neutralize the glue. Squeegee it again to remove any remaining air pockets or fluids.
8. At this point, take a break. The decal needs to remain on your car for approximately 1/2 hour to a full hour depending on how warm it is outdoors. If you do not have time for the decal to dry on it's own, you can use a blowdryer on a low setting on the decal. Once it has dried, remove the top application layer peeling it straight up to reveal the decal. If the vinyl peels off when removing the top layer, go back to step 6. Make sure you do not try to remove the remaining layer until it is dry again.
9. With the vinyl on your car, trim any edges with excess vinyl using a sharp tool such as a razor. To tuck the edges around doors and gas caps, use a blowdryer to dry first and then pinch the edges to form it into place.
10. To ensure that you got all of the air bubbles from underneath the decal, you should give it one more good spray and run your squeegee over the decal one last time. Although you can drive your car without fear of the decals flying off, we suggest you wait 24 hours before washing, waxing or driving through rain/snow.
Car Covers
Buy Car Covers
Car covers are an essential protection against dirt, dust, UV rays, heat, rain, bird droppings and several other things. Not only do they protect a car, but they also help in retaining the new looks of the car. Hence, buying a car cover is a must. But, we all need to ascertain the functions and use of a car cover before we purchase one.
Car covers can either be custom-made or universal. Custom-made covers are tailored exactly according to a car’s measurements, while universal are available in certain standard measurements to suit almost all car types. Usually, custom-made car covers are preferred because of better protection. Some covers like the ‘satin stretch car cover’ from Coverking that provides a more fitting cover for your car.
Car Cover World, Mats-n-Covers, Auto Anything, California Car Cover Co, Car Stuff, Car Covers-Car Bras, T. J. Custom Car Covers, Buy Automotive, Car Accessories, Auto Seattle, The Amazing Roll-up Car Cover, J.C Whitney, Car Bytes, Eastwood, Drive Werks, Exotic Wood Dash, Metro Parts Markets, and Race Pages are some companies that provide excellent quality car covers. Some companies such as Car Cover World, Mats-n-Covers, Auto Anything, and Drive Werks also provide free shipping. Some companies that provide high-end car covers are CoverCraft, Auto Anything, Coverking, Lebra, Mopar, Bestop and SmittyBilt. These companies also provide guarantees ranging from a few months to a lifetime.
The materials used by car cover companies are Noah Barrier Fabric, WeatherShield, Polycotton, Tan Flannel, Evolution Technalon, Sunbrella, Dustop, Soft Weave, Plushweave, and others. While Noah Barrier Fabric and WeatherShield works great in both indoor and outdoor conditions, Tan Flannel works best for indoors. Dustop is believed to be extremely suitable for indoor uses, as it provides excellent protection against dust and other particles. Stormweave is suitable for all sorts of climatic conditions, such as snow, rain, dew or industrial pollutants.
Car covers are an essential protection against dirt, dust, UV rays, heat, rain, bird droppings and several other things. Not only do they protect a car, but they also help in retaining the new looks of the car. Hence, buying a car cover is a must. But, we all need to ascertain the functions and use of a car cover before we purchase one.
Car covers can either be custom-made or universal. Custom-made covers are tailored exactly according to a car’s measurements, while universal are available in certain standard measurements to suit almost all car types. Usually, custom-made car covers are preferred because of better protection. Some covers like the ‘satin stretch car cover’ from Coverking that provides a more fitting cover for your car.
Car Cover World, Mats-n-Covers, Auto Anything, California Car Cover Co, Car Stuff, Car Covers-Car Bras, T. J. Custom Car Covers, Buy Automotive, Car Accessories, Auto Seattle, The Amazing Roll-up Car Cover, J.C Whitney, Car Bytes, Eastwood, Drive Werks, Exotic Wood Dash, Metro Parts Markets, and Race Pages are some companies that provide excellent quality car covers. Some companies such as Car Cover World, Mats-n-Covers, Auto Anything, and Drive Werks also provide free shipping. Some companies that provide high-end car covers are CoverCraft, Auto Anything, Coverking, Lebra, Mopar, Bestop and SmittyBilt. These companies also provide guarantees ranging from a few months to a lifetime.
The materials used by car cover companies are Noah Barrier Fabric, WeatherShield, Polycotton, Tan Flannel, Evolution Technalon, Sunbrella, Dustop, Soft Weave, Plushweave, and others. While Noah Barrier Fabric and WeatherShield works great in both indoor and outdoor conditions, Tan Flannel works best for indoors. Dustop is believed to be extremely suitable for indoor uses, as it provides excellent protection against dust and other particles. Stormweave is suitable for all sorts of climatic conditions, such as snow, rain, dew or industrial pollutants.
Exhaust
The Best Out Of An EXHAUSTed System
Most of the motorists these days have one thing in common and that is the manifest disregard to some auto parts like the exhaust system. If you are to ask motorists when they inspect the system, you would probably get same reply. The most common occasion when they do such a task is when they are already hearing obvious noise. With that situation, the vehicles are likely to end up in the hands of a franchised exhaust specialist.
Auto exhaust parts experts suggest that motorists should inspect the system whenever it is on the lift for routine service. According to them, it makes perfect sense considering the expense of some of the parts like sensors, mufflers, catalytic converters and others.
Basically, an exhaust system transports burnt gases from the internal combustion engine. Exhaust parts accessories are mainly composed of pipes that vent waste gases. These gases may stream through a turbo charger to boost power, a catalytic converter to diminish air pollution, and a muffler to minimize noise. Clamps as well as bolted and welded connections and hangers hold the system together. So, in inspecting the whole system, motorists should look for snapped bolts, cracked welds, rusted joints, leaks and other deteriorated parts.
Experts added that rubber in the hangers like the doughnut-shaped bands used in hanging pipes should also be inspected. Car aftermarket parts exhaust is always under stress much more than the original equipment hangers. Moreover, it is recommended to select an aftermarket design that is not similarly shaped with the original hanger when replacing the latter. Another consideration is to be certain that installation can be had without twisting or aggravating the stress of the system. There is wide latitude of aftermarket exhausts available in auto parts dealers. Hence, it is definitely possible to hang the system sophisticated aftermarket parts.
In employing a lot of tensions to the auto exhaust system to make connections, there is a tendency that its parts could foul the body. The occurrence of which could produce repulsive noise and detrimental damage. In fact, it could even lead to eventual separation.
Some vehicle owners think that clamps that secure the catalytic converter and other sections are costly like the U-bolts used somewhere else in the system. The truth, according to auto parts dealers, is the exact opposite. The thick pipe ends on the converter need clamps that can withstand anywhere from 30 ft-lb of torque at the low end to more than 60 ft-lb at the high end. Moreover, when the original equipment clamp is a high strength type with a welded saddle and hardened nuts, experts advise the use an aftermarket equivalent for replacement.
The exhaust manifold joints that link to the pipes of the system or the fast light-off catalysts are other problem areas. A sealing ring found in the joint with the pipe could be noisy when there are leaks. Said joint gets a lot of pressure from engine's vibration. Despite the presence of spring-loaded bolting setup to maintain tension, it does not serve a lifetime setup. Coil springs could break and joint loosen hence; the system is always at risk.
To maximize the efficiency of the exhaust parts, vehicle owners should choose meticulously engineered exhaust system. In addition, the quality exhaust should be coupled with maintenance and regular inspection to preclude unnecessary expenditure in the future.
Most of the motorists these days have one thing in common and that is the manifest disregard to some auto parts like the exhaust system. If you are to ask motorists when they inspect the system, you would probably get same reply. The most common occasion when they do such a task is when they are already hearing obvious noise. With that situation, the vehicles are likely to end up in the hands of a franchised exhaust specialist.
Auto exhaust parts experts suggest that motorists should inspect the system whenever it is on the lift for routine service. According to them, it makes perfect sense considering the expense of some of the parts like sensors, mufflers, catalytic converters and others.
Basically, an exhaust system transports burnt gases from the internal combustion engine. Exhaust parts accessories are mainly composed of pipes that vent waste gases. These gases may stream through a turbo charger to boost power, a catalytic converter to diminish air pollution, and a muffler to minimize noise. Clamps as well as bolted and welded connections and hangers hold the system together. So, in inspecting the whole system, motorists should look for snapped bolts, cracked welds, rusted joints, leaks and other deteriorated parts.
Experts added that rubber in the hangers like the doughnut-shaped bands used in hanging pipes should also be inspected. Car aftermarket parts exhaust is always under stress much more than the original equipment hangers. Moreover, it is recommended to select an aftermarket design that is not similarly shaped with the original hanger when replacing the latter. Another consideration is to be certain that installation can be had without twisting or aggravating the stress of the system. There is wide latitude of aftermarket exhausts available in auto parts dealers. Hence, it is definitely possible to hang the system sophisticated aftermarket parts.
In employing a lot of tensions to the auto exhaust system to make connections, there is a tendency that its parts could foul the body. The occurrence of which could produce repulsive noise and detrimental damage. In fact, it could even lead to eventual separation.
Some vehicle owners think that clamps that secure the catalytic converter and other sections are costly like the U-bolts used somewhere else in the system. The truth, according to auto parts dealers, is the exact opposite. The thick pipe ends on the converter need clamps that can withstand anywhere from 30 ft-lb of torque at the low end to more than 60 ft-lb at the high end. Moreover, when the original equipment clamp is a high strength type with a welded saddle and hardened nuts, experts advise the use an aftermarket equivalent for replacement.
The exhaust manifold joints that link to the pipes of the system or the fast light-off catalysts are other problem areas. A sealing ring found in the joint with the pipe could be noisy when there are leaks. Said joint gets a lot of pressure from engine's vibration. Despite the presence of spring-loaded bolting setup to maintain tension, it does not serve a lifetime setup. Coil springs could break and joint loosen hence; the system is always at risk.
To maximize the efficiency of the exhaust parts, vehicle owners should choose meticulously engineered exhaust system. In addition, the quality exhaust should be coupled with maintenance and regular inspection to preclude unnecessary expenditure in the future.
Engines
Washing Your Engine
Cleaning the engine at first looks like a daunting task, but if you take your time and have patience the benefits will last for years.
Let’s assume you have an older Porsche whose engine has never been touched beyond changing the oil and minor maintenance. You look at all the grease and gunk and want to say "Forget it!" My 911E was like that, the car had been raced, rallied and toured to the point I had over 300,000 miles on it. The engine was well maintained and clean by those standards. But not where I thought a person could put their hands in there without coming out with a grease trophy.
So where do you start? With a good engine wash. Take a can of engine cleaner (GUNK or some other comparable product) and go down to the local "Do It Yourself" (DIY) car wash. Why the DIY, because;
A) The DIY tanks are set up for yucky engine junk and will not hurt the environment
B) Most of us do not have a high-pressure hose at home; you’ll need it.
C) The area around your car will be a mess afterwards
Here are the following things you will need to take with you on your journey to the local DIY (do-it-yourselfer).
Tape, Baggies, toothbrush, plastic wrap, rags, 2 plastic trash bags, towels, note pad, rubber bands, gloves and lots of quarters.
First thing to do is protect your electrical components. Take a baggie and put it over the distributor, next use the rubber band or tape to secure the baggie in place. Each model is unique on where the electrical components are located, my 911E has electronics on the left side of the engine. I use the plastic wrap to protect this area and tape to secure it. Look anywhere else the water may cause you car-starting problems. If you have exposed carburetors, use the plastic wrap or Baggies to protect them.
Next thing I do is disconnect the coil wire, this way I won’t pull a no-brainer of starting the car with plastic inside the engine. You can guess why I started doing this J . Write yourself a note to reconnect the coil wire and put it on the steering wheel. On the note pad, write down the places you put the plastic and tape/rubber bands, it may seem redundant but better safe than sorry. Now take the towels and place them over you fenders and the deck lid. This will protect your paint from any debris and chemicals that may over spray. I suggest you wear old clothes while cleaning your engine and use gloves to protect your hands from the chemicals (latex is best).
Now you are ready to attack the built up yucky gunk. Take your engine cleaner and spray it liberally in the areas of the engine that have the most built up grease on them. Let the engine cleaner soak for a few minutes, it will start eating away at the grease and dirt. Depending on how bad the build up is, this can take anywhere from a few minutes to 20 minutes. You probably will not get it all this first go around, so keep that in mind. While the engine cleaner is soaking, take the toothbrush and gently work the engine cleaner on the worst spots, if you have a severe build up, you may have to do this with a larger (not stiffer) brush. Once you have determined the engine cleaner has stopped working, you are ready to steam clean.
Set the DIY’s wand setting to engine or steam clean (it may be slightly different depending on where you live). Take care not to use the wand on the exterior paint of your car. The heat and pressure from the wand was not meant for your paint. Now use the wand inside the engine compartment to steam away the engine cleaner and grease. Be patient and get the wand onto the nooks and crannies. Do not forget to get the sides of the engine compartments as well, dirt gets kicked up into the engine from the fan and always seems to find it’s way on the shelves of the engine.
While you are steaming the inside of the engine, make sure you do not get water inside your plastic covers. Once you are satisfied you have taken out as much dirt as possible (this go around), set the wand to rinse. The rinse water usually has a softening agent and will rinse the chemicals out of the engine.
A word of warning, GUNK works great but smells horrible. If you use GUNK, do not do this on the same day you are going to use the car for a date or tour. It takes a couple days for the smell to go away. There are other engine cleaners out there, I have tried the Citrus ones (they smell better) and GUNK. For the nasty jobs I use the GUNK, for the easier ones (like the new car) I use the Citrus engine cleaners.
When you finish rinsing the engine out shut off the wand. Now take the rags you brought with you and wipe down the engine. Make sure you use some pressure on the rags while wiping it down. The grease has softened because for the heat of the water and will come off easily in your rag. When you are finished with one rag (because it is too dirty or wet) put it in one of the plastic trash bags. Keep wiping down until the engine is rather dry or you run out of rags. Next take the towels off the deck lid and fenders. Wipe down the paint with the part of the towels that did not get wet or exposed to the chemicals. When done with the towels, put these in the other trash sack.
Now you are ready to get the engine ready for starting. First take ALL the plastic, tape and rubber bands out of the engine. Next reconnect the coil wire and make sure there are not any other foreign objects in the engine, like towels, toothbrushes or gloves. Check your notepad to make sure you got all your protective wrapping out.
You may want to put a few more quarters in the machine and rinse down the area you have been working. Chances are some of your greasy gunk might be on your shoes or get on someone else’s, be considerate.
Sometimes our Porsche do not want to start right away after a washing, make sure you give it plenty of time to start and take care not to flood the engine. If you protected you electrical components from water, you Porsche should not have any problems starting up.
If you should have a problem, push the car into the sunshine and open the deck lid. Within a few minutes the components should dry out and you’ll be on your way.
If your engine was really bad, you may have to do the engine wash a couple times to get the worst junk out. Bare in mind, the grease and gunk took years to get there and it will not give up its home easily.
Cleaning the engine at first looks like a daunting task, but if you take your time and have patience the benefits will last for years.
Let’s assume you have an older Porsche whose engine has never been touched beyond changing the oil and minor maintenance. You look at all the grease and gunk and want to say "Forget it!" My 911E was like that, the car had been raced, rallied and toured to the point I had over 300,000 miles on it. The engine was well maintained and clean by those standards. But not where I thought a person could put their hands in there without coming out with a grease trophy.
So where do you start? With a good engine wash. Take a can of engine cleaner (GUNK or some other comparable product) and go down to the local "Do It Yourself" (DIY) car wash. Why the DIY, because;
A) The DIY tanks are set up for yucky engine junk and will not hurt the environment
B) Most of us do not have a high-pressure hose at home; you’ll need it.
C) The area around your car will be a mess afterwards
Here are the following things you will need to take with you on your journey to the local DIY (do-it-yourselfer).
Tape, Baggies, toothbrush, plastic wrap, rags, 2 plastic trash bags, towels, note pad, rubber bands, gloves and lots of quarters.
First thing to do is protect your electrical components. Take a baggie and put it over the distributor, next use the rubber band or tape to secure the baggie in place. Each model is unique on where the electrical components are located, my 911E has electronics on the left side of the engine. I use the plastic wrap to protect this area and tape to secure it. Look anywhere else the water may cause you car-starting problems. If you have exposed carburetors, use the plastic wrap or Baggies to protect them.
Next thing I do is disconnect the coil wire, this way I won’t pull a no-brainer of starting the car with plastic inside the engine. You can guess why I started doing this J . Write yourself a note to reconnect the coil wire and put it on the steering wheel. On the note pad, write down the places you put the plastic and tape/rubber bands, it may seem redundant but better safe than sorry. Now take the towels and place them over you fenders and the deck lid. This will protect your paint from any debris and chemicals that may over spray. I suggest you wear old clothes while cleaning your engine and use gloves to protect your hands from the chemicals (latex is best).
Now you are ready to attack the built up yucky gunk. Take your engine cleaner and spray it liberally in the areas of the engine that have the most built up grease on them. Let the engine cleaner soak for a few minutes, it will start eating away at the grease and dirt. Depending on how bad the build up is, this can take anywhere from a few minutes to 20 minutes. You probably will not get it all this first go around, so keep that in mind. While the engine cleaner is soaking, take the toothbrush and gently work the engine cleaner on the worst spots, if you have a severe build up, you may have to do this with a larger (not stiffer) brush. Once you have determined the engine cleaner has stopped working, you are ready to steam clean.
Set the DIY’s wand setting to engine or steam clean (it may be slightly different depending on where you live). Take care not to use the wand on the exterior paint of your car. The heat and pressure from the wand was not meant for your paint. Now use the wand inside the engine compartment to steam away the engine cleaner and grease. Be patient and get the wand onto the nooks and crannies. Do not forget to get the sides of the engine compartments as well, dirt gets kicked up into the engine from the fan and always seems to find it’s way on the shelves of the engine.
While you are steaming the inside of the engine, make sure you do not get water inside your plastic covers. Once you are satisfied you have taken out as much dirt as possible (this go around), set the wand to rinse. The rinse water usually has a softening agent and will rinse the chemicals out of the engine.
A word of warning, GUNK works great but smells horrible. If you use GUNK, do not do this on the same day you are going to use the car for a date or tour. It takes a couple days for the smell to go away. There are other engine cleaners out there, I have tried the Citrus ones (they smell better) and GUNK. For the nasty jobs I use the GUNK, for the easier ones (like the new car) I use the Citrus engine cleaners.
When you finish rinsing the engine out shut off the wand. Now take the rags you brought with you and wipe down the engine. Make sure you use some pressure on the rags while wiping it down. The grease has softened because for the heat of the water and will come off easily in your rag. When you are finished with one rag (because it is too dirty or wet) put it in one of the plastic trash bags. Keep wiping down until the engine is rather dry or you run out of rags. Next take the towels off the deck lid and fenders. Wipe down the paint with the part of the towels that did not get wet or exposed to the chemicals. When done with the towels, put these in the other trash sack.
Now you are ready to get the engine ready for starting. First take ALL the plastic, tape and rubber bands out of the engine. Next reconnect the coil wire and make sure there are not any other foreign objects in the engine, like towels, toothbrushes or gloves. Check your notepad to make sure you got all your protective wrapping out.
You may want to put a few more quarters in the machine and rinse down the area you have been working. Chances are some of your greasy gunk might be on your shoes or get on someone else’s, be considerate.
Sometimes our Porsche do not want to start right away after a washing, make sure you give it plenty of time to start and take care not to flood the engine. If you protected you electrical components from water, you Porsche should not have any problems starting up.
If you should have a problem, push the car into the sunshine and open the deck lid. Within a few minutes the components should dry out and you’ll be on your way.
If your engine was really bad, you may have to do the engine wash a couple times to get the worst junk out. Bare in mind, the grease and gunk took years to get there and it will not give up its home easily.
Brakes
Performance Car Brakes and Rotors
Your car’s brake system is one of the most essential components of your vehicle. While the engine and transmission work together to help your car go, the brakes and rotors work together to help your car stop -- provided that they are in good working condition. If you have the right tools on hand, you can do all of the maintenance yourself.
Depending on what make/model of vehicle you own, brake maintenance frequency can vary greatly. However, in all cases there are telltale signs your brakes need to be looked at when you notice any of the following happening:
Brakes squealing
Pulling of car from one side or the other
Wheel grabs
Squishy or spongy brake pedals
Brake pedal pumping
Brakes that won't release after pushing pedal
Sudden hard brake pedal
Grinding noise while braking
Leaking brake fluid observed
One or more of these problems occurring is a signal that your brake system needs help.
You can use standard replacement parts for adequate braking or you can elect to purchase parts that are favored by race car teams. Yes, something besides a parachute must stop these land rockets and you can install the same high performance brakes on your car as the NASCAR teams use. Brembo Brakes, EBC Brakes, Hawk Brakes, Power Slot Rotors, and Powerstop Brakes are some of the brands favored by race car enthusiasts. They are proven, high performance brake systems that will help your car stop quickly and cleanly every time.
Should you decide to do the job yourself, you will need to have the following tools on hand to get the work done:
Brake tools: spring pliers, hold-down remover
Hand tools
Drip tray
Mask
Gloves
Repair manual
If your car already has a performance exhaust system installed and under-the-hood performance upgrades in place, doesn’t it make sense to protect your investment by installing a high quality performance level brake system? Of course it does! Outfit your car today with genuine high performance parts.
Your car’s brake system is one of the most essential components of your vehicle. While the engine and transmission work together to help your car go, the brakes and rotors work together to help your car stop -- provided that they are in good working condition. If you have the right tools on hand, you can do all of the maintenance yourself.
Depending on what make/model of vehicle you own, brake maintenance frequency can vary greatly. However, in all cases there are telltale signs your brakes need to be looked at when you notice any of the following happening:
Brakes squealing
Pulling of car from one side or the other
Wheel grabs
Squishy or spongy brake pedals
Brake pedal pumping
Brakes that won't release after pushing pedal
Sudden hard brake pedal
Grinding noise while braking
Leaking brake fluid observed
One or more of these problems occurring is a signal that your brake system needs help.
You can use standard replacement parts for adequate braking or you can elect to purchase parts that are favored by race car teams. Yes, something besides a parachute must stop these land rockets and you can install the same high performance brakes on your car as the NASCAR teams use. Brembo Brakes, EBC Brakes, Hawk Brakes, Power Slot Rotors, and Powerstop Brakes are some of the brands favored by race car enthusiasts. They are proven, high performance brake systems that will help your car stop quickly and cleanly every time.
Should you decide to do the job yourself, you will need to have the following tools on hand to get the work done:
Brake tools: spring pliers, hold-down remover
Hand tools
Drip tray
Mask
Gloves
Repair manual
If your car already has a performance exhaust system installed and under-the-hood performance upgrades in place, doesn’t it make sense to protect your investment by installing a high quality performance level brake system? Of course it does! Outfit your car today with genuine high performance parts.
BMW 1-Series E87
BMW Isetta
BMW made the Isetta its own. They redesigned the powerplant around a more reliable BMW one-cylinder, four-stroke, 247 cc motorcycle engine making 13 hp. Although the major elements of the Italian design remained intact, BMW re-engineered much of the car, so much so that none of the parts between a BMW Isetta Moto Coupe and an Iso Isetta are interchangeable. The first BMW Isetta appeared in April, 1955.
BMW Isetta 250
While it retained the "Bubble Window" styling, it differed from the Italian model in that its headlamps were fixed separately to the sides of the bodywork and it carried the BMW badge below the windscreen. The car was also redesigned to take a modified version of the 250 cc 4-stroke engine from the BMW R25/3 motorcycle and the front suspension was changed. The single-cylinder generated 12 hp at 5800 rpm. The crankcase and cylinder were made of cast iron, the cylinder head of aluminium. However, the head was rotated by 180 degrees compared with the motorcycle engine. The twin-bearing crankshaft was also different in the Isetta power unit, being larger and featuring reinforced bearings. One of the reasons for this was the heavy Dynastart unit which combined the dynamo and self-starter. The fuel mixture was provided by a Bing sliding throttle side draft motorcycle carburettor. In addition to further changes of detail, the BMW engineers enlarged the sump for installation in the car and cooled the engine by means of a radial fan and shrouded ducting.
The power train from the four-speed gearbox to the two rear wheels was also unusual: fixed to the gearbox output drive was something called a Hardy disc, which was a cardan joint made of rubber. On the other side of it was a cardan shaft, and finally a second Hardy disc, which in turn was located at the entrance to a chain case. A duplex chain running in an oil bath led finally to a rigid shaft, at each end of which were the two rear wheels. Thanks to this elaborate power transfer, the engine-gearbox unit was both free of tension and well soundproofed in its linkage to the rear axle.
In Germany the Isetta could even be driven with a motorcycle licence. The top speed of the Isetta 250 was rated as 85 km/h.
The first BMW Isetta rolled off the line in April of 1955 and in the next eight months, some 10,000 of the "bubblecars" were produced.
BMW Isetta 300
In October 1956 the Isetta Moto Coupe DeLuxe (sliding-window Isetta) was introduced. The bubble windows were replaced by longer, sliding side windows. The engineers had enlarged the single cylinder to a 72 mm bore and 73 mm stroke, which gave a displacement of exactly 298 cc, and at the same time they raised the compression ratio from 6.8 to 7.0:1. In this way the engine now generated 13 hp (10 kW) at 5200 rpm, and the torque rose to 18.4 N·m at 4600 rpm. The maximum speed remained at 85 km/h, yet there was a marked increase in flexibility, chiefly noticeable on gradients.
In addition to the quest for better performance, there was another reason for the change: it was then still possible to drive the 250 cc Isetta with the old Class IV driving licence. Quite a number of Isettas were lovingly maintained by their owners for years and even decades, precisely because they possessed no other licence. On the other hand, from 1956 onwards, first-time drivers had to pass the test for Class III if they wanted to drive a car. True, the Class IV licence continued to be issued, but it was only valid for small motorcycles.
A second, similar reason for fitting the larger engine was the prevailing tax regime. The 250 cc engine did not take full advantage of the tax class, which then went up to 300 cc.
BMW Isetta 600
The BMW 600 was intended as an enlarged Isetta three-wheeler with more power and a more conventional four-wheel configuration.
The front end of the 600 was virtually unchanged from the Isetta, but the 600's wheelbase was stretched to accommodate four seats. A conventional rear axle was added. BMW introduced the semi-trailing arm independent suspension on the 600. This suspension would be used on almost every new model for the next four decades. Because of extra size and weight, the 600 had a more powerful engine than the Isetta. The 600 had the 582 cc twin engine from the R67 motorcycle. Top speed was 64 mph.
In two years only 34,000 600s were produced, partly due to price competition with the entry-level VW Beetle. In the late 1950s consumers wanted cars that looked like cars, and they had lost interest in economy models. Sales of the 600 were, however, aided by the energy crisis of 1956–1957.
In May 1962 BMW ceased production of the Isetta. A total of 161,728 units had been built.
BMW made the Isetta its own. They redesigned the powerplant around a more reliable BMW one-cylinder, four-stroke, 247 cc motorcycle engine making 13 hp. Although the major elements of the Italian design remained intact, BMW re-engineered much of the car, so much so that none of the parts between a BMW Isetta Moto Coupe and an Iso Isetta are interchangeable. The first BMW Isetta appeared in April, 1955.
BMW Isetta 250
While it retained the "Bubble Window" styling, it differed from the Italian model in that its headlamps were fixed separately to the sides of the bodywork and it carried the BMW badge below the windscreen. The car was also redesigned to take a modified version of the 250 cc 4-stroke engine from the BMW R25/3 motorcycle and the front suspension was changed. The single-cylinder generated 12 hp at 5800 rpm. The crankcase and cylinder were made of cast iron, the cylinder head of aluminium. However, the head was rotated by 180 degrees compared with the motorcycle engine. The twin-bearing crankshaft was also different in the Isetta power unit, being larger and featuring reinforced bearings. One of the reasons for this was the heavy Dynastart unit which combined the dynamo and self-starter. The fuel mixture was provided by a Bing sliding throttle side draft motorcycle carburettor. In addition to further changes of detail, the BMW engineers enlarged the sump for installation in the car and cooled the engine by means of a radial fan and shrouded ducting.
The power train from the four-speed gearbox to the two rear wheels was also unusual: fixed to the gearbox output drive was something called a Hardy disc, which was a cardan joint made of rubber. On the other side of it was a cardan shaft, and finally a second Hardy disc, which in turn was located at the entrance to a chain case. A duplex chain running in an oil bath led finally to a rigid shaft, at each end of which were the two rear wheels. Thanks to this elaborate power transfer, the engine-gearbox unit was both free of tension and well soundproofed in its linkage to the rear axle.
In Germany the Isetta could even be driven with a motorcycle licence. The top speed of the Isetta 250 was rated as 85 km/h.
The first BMW Isetta rolled off the line in April of 1955 and in the next eight months, some 10,000 of the "bubblecars" were produced.
BMW Isetta 300
In October 1956 the Isetta Moto Coupe DeLuxe (sliding-window Isetta) was introduced. The bubble windows were replaced by longer, sliding side windows. The engineers had enlarged the single cylinder to a 72 mm bore and 73 mm stroke, which gave a displacement of exactly 298 cc, and at the same time they raised the compression ratio from 6.8 to 7.0:1. In this way the engine now generated 13 hp (10 kW) at 5200 rpm, and the torque rose to 18.4 N·m at 4600 rpm. The maximum speed remained at 85 km/h, yet there was a marked increase in flexibility, chiefly noticeable on gradients.
In addition to the quest for better performance, there was another reason for the change: it was then still possible to drive the 250 cc Isetta with the old Class IV driving licence. Quite a number of Isettas were lovingly maintained by their owners for years and even decades, precisely because they possessed no other licence. On the other hand, from 1956 onwards, first-time drivers had to pass the test for Class III if they wanted to drive a car. True, the Class IV licence continued to be issued, but it was only valid for small motorcycles.
A second, similar reason for fitting the larger engine was the prevailing tax regime. The 250 cc engine did not take full advantage of the tax class, which then went up to 300 cc.
BMW Isetta 600
The BMW 600 was intended as an enlarged Isetta three-wheeler with more power and a more conventional four-wheel configuration.
The front end of the 600 was virtually unchanged from the Isetta, but the 600's wheelbase was stretched to accommodate four seats. A conventional rear axle was added. BMW introduced the semi-trailing arm independent suspension on the 600. This suspension would be used on almost every new model for the next four decades. Because of extra size and weight, the 600 had a more powerful engine than the Isetta. The 600 had the 582 cc twin engine from the R67 motorcycle. Top speed was 64 mph.
In two years only 34,000 600s were produced, partly due to price competition with the entry-level VW Beetle. In the late 1950s consumers wanted cars that looked like cars, and they had lost interest in economy models. Sales of the 600 were, however, aided by the energy crisis of 1956–1957.
In May 1962 BMW ceased production of the Isetta. A total of 161,728 units had been built.
BMW 120d (2005)
BMW 1-Series E87
The BMW 1 Series (code name E87) is a compact car / small family car produced by the German automaker BMW. Designed to compete against the Audi A3 and Volkswagen Golf, the 1 Series is the only vehicle in its class featuring rear-wheel drive and a longitudinally-mounted engine.
The 1 Series was first offered to the market in 2004 as a 5-door hatchback. It replaced the BMW Compact range and is currently the smallest and most affordable vehicle in the BMW range. Unlike its predecessor, the new vehicle is built on its own platform (E87), however, it shares many components with the E90 3 Series. These include MacPherson struts in the front of the car, and a trapezoidal-link rear axle.
The 1 Series is built in Regensburg, Germany, with some of the engines coming from the Hams Hall plant in Birmingham, England.
During its first full year on the market in 2005, it became one of BMW's most successful products. 149,493 units were sold, coming in third place: only the 3- and 5 Series sold better.
Engines
The engines available for E87 are basically the same as found in the E90/E91, with exception for the 3.0 L inline-6, which is slightly modified to produce more power. The engines below are preceded by their model year introduction.
In early 2006 the 5-speed manual transmission in the 116i and 118i, were phased out. Consequently, all models are equipped with the 6-speed by default.
Petrol engines:
2004- 116i: N45B16 1596 cc I4, 16 valves, 115 hp/85 kW, 150 Nm
2005- 118i: N46B20 1995 cc I4, 16 valves, 129 hp/95 kW, 180 Nm
2004- 120i: N46B20 1995 cc I4, 16 valves, 150 hp/110 kW, 200 Nm
2006- 130i: N52B30 2996 cc I6, 24 valves, 265 hp/195 kW, 315 Nm
Diesel engines:
2004- 118d: M47TU2D20 1995 cc I4, 16 valves, 122 hp/90 kW, 280 Nm
2004- 120d: M47TU2D20 1995 cc I4, 16 valves, 163 hp/120 kW, 340 Nm
Production
Sales statistics according to BMW.
2004: 39,247 (Launched in September)
2005: 149,493
The BMW 1 Series (code name E87) is a compact car / small family car produced by the German automaker BMW. Designed to compete against the Audi A3 and Volkswagen Golf, the 1 Series is the only vehicle in its class featuring rear-wheel drive and a longitudinally-mounted engine.
The 1 Series was first offered to the market in 2004 as a 5-door hatchback. It replaced the BMW Compact range and is currently the smallest and most affordable vehicle in the BMW range. Unlike its predecessor, the new vehicle is built on its own platform (E87), however, it shares many components with the E90 3 Series. These include MacPherson struts in the front of the car, and a trapezoidal-link rear axle.
The 1 Series is built in Regensburg, Germany, with some of the engines coming from the Hams Hall plant in Birmingham, England.
During its first full year on the market in 2005, it became one of BMW's most successful products. 149,493 units were sold, coming in third place: only the 3- and 5 Series sold better.
Engines
The engines available for E87 are basically the same as found in the E90/E91, with exception for the 3.0 L inline-6, which is slightly modified to produce more power. The engines below are preceded by their model year introduction.
In early 2006 the 5-speed manual transmission in the 116i and 118i, were phased out. Consequently, all models are equipped with the 6-speed by default.
Petrol engines:
2004- 116i: N45B16 1596 cc I4, 16 valves, 115 hp/85 kW, 150 Nm
2005- 118i: N46B20 1995 cc I4, 16 valves, 129 hp/95 kW, 180 Nm
2004- 120i: N46B20 1995 cc I4, 16 valves, 150 hp/110 kW, 200 Nm
2006- 130i: N52B30 2996 cc I6, 24 valves, 265 hp/195 kW, 315 Nm
Diesel engines:
2004- 118d: M47TU2D20 1995 cc I4, 16 valves, 122 hp/90 kW, 280 Nm
2004- 120d: M47TU2D20 1995 cc I4, 16 valves, 163 hp/120 kW, 340 Nm
Production
Sales statistics according to BMW.
2004: 39,247 (Launched in September)
2005: 149,493
BMW 1-Series 3-door (2008)
New BMW 1 Series arrives
The new BMW 1 Series goes on sale in Spring 2007 and features a model line up that includes the most fuel efficient production vehicle BMW has ever produced. The introduction of a three-door model and a revised five-door come as a raft of new fuel-saving innovations are rolled out across the range.
Technologies such as Brake Energy Regeneration, Automatic Start-Stop function and Electric Power Steering are combined with lower rolling resistant tyres and a gearshift change indicator to encourage economical motoring. These innovations are in addition to the use of variable valve technologies and High-Precision Direct Injection engines on some 1 Series models that boost power output but cut fuel consumption and emissions.
The BMW 118d, BMW's most economical car, manages its record 60.1mpg figure courtesy of these features in conjunction with the use of further lightweight engineering. The car now has an aluminium crankcase to save weight. Aside from the BMW Hydrogen 7, the BMW 118d also posts the lowest ever CO2 emissions of any BMW recording 123g/km (putting it into the Band C category for Vehicle Excise Duty).
Other engines in the new 1 Series range record economy improvements of up to 24 per cent compared to the previous model, while emissions have also been cut by up to 21 per cent. These improvements have not been to the detriment of driving pleasure. The new 1 Series is powered by a range of engines whose outputs have increased by up to 20hp with a consequential improvement in performance figures.
New fuel saving technology
Brake Energy Regeneration (iGR) makes its debut on the 1 Series. The system uses an Intelligent Alternator Control (IAC) and an Absorbent Glass Mat battery to recycle previously lost energy, in turn saving fuel. This is achieved as the IAC reduces drag on the engine by only engaging when required to charge the battery, whereas a traditional alternator is always pulling power from the engine. Additionally, the energy generated by the engine on over-run (under braking or descending a hill) was previously wasted. Now this lost energy is utilised by the IAC to charge the battery. iGR alone is responsible for a three per cent improvement in fuel economy.
The new 1 Series comes with Automatic Start-Stop function to cut fuel consumption. Standard on all manual transmission models (except 130i), the system automatically switches the engine off when the vehicle is stationary and the driver puts the car into neutral. To restart the driver only need engage the clutch again before pulling away in the normal manner. Should he not want to use the Automatic Start-Stop function it can be manually switched off.
The use of Electric Power Steering results in a 90 per cent energy saving compared to a conventional mechanical hydraulic steering system. Power assistance is now provided by an electric motor that works only when required, such as turning a corner. Other fuel saving enhancements have been made courtesy of various ancillary devices, such as the air-conditioning power supply being disconnected from the drivetrain when not in use. Even flaps behind the kidney grille improve economy, closing up for improved aerodynamic efficiency should the engine require less airflow. The feature also improves cold starting times.
Engine changes and statistics in detail
130i: World's lightest six-cylinder production engine with VALVETRONIC and Bi-VANOS technology achieves zero to 62mph in 6.0 seconds (five-door is 6.1 seconds) and an electronically limited top speed of 155mph. Output is 265bhp while peak torque is 315Nm. Combined fuel consumption is 34.0mpg and CO2 emissions are 197g/km.
120i: New four-cylinder engine with High-Precision Direct Injection and Bi-VANOS technology achieves zero to 62mph in 7.7 seconds (7.8 seconds for five-door) before going on to a top speed of 139mph. Output is 170hp (up 20hp) while peak torque is now 210Nm (up 10Nm). Combined fuel consumption is 44.1mpg (improves by 17 per cent), CO2 emissions are 152g/km (down 16 per cent).
118i: New four-cylinder engine with High-Precision Direct Injection and Bi-VANOS technology achieves zero to 62mpg in 8.7 seconds (8.8 seconds for five-door) before going on to a top speed of 130mph. Output is 143hp (up 14hp) while peak torque is now 190Nm (up 10Nm). Combined fuel consumption is 47.9mpg (improves by 24 per cent), CO2 emissions are 140g/km (down 20.5 per cent).
116i (five-door only): Four-cylinder engine with Bi-VANOS achieves zero to 62mph in 10.9 seconds and a top speed of 124mph. Output is 116hp and peak torque is 150Nm. Combined fuel consumption is 37.7mpg and CO2 emissions are 179g/km.
120d: Second generation common-rail diesel engine with aluminium crankcase achieves zero to 62mph in 7.5 seconds (7.6 seconds for five-door) before going on to a top speed of 142mph. Output is 177hp (up 14hp) while peak torque is 350Nm (up 10Nm). Combined fuel consumption is 57.6mpg (improves by 16 per cent) and CO2 emissions are 129g/km (down 15.1 per cent).
118d: Second generation common-rail diesel engine with aluminium crankcase achieves zero to 62mph in 8.9 seconds (9.0 seconds for five door) before going on to a top speed of 130mph. Output is 143hp (up 21 hp) while peak torque is 300Nm (up 20Nm). Combined fuel consumption is 60.1mpg (improves by 19 per cent) and CO2 emissions are 123g/km (down 18 per cent).
Low running costs
The plethora of new technology showcased in the BMW 1 Series will have a significant impact on cost of ownership for customers. For the company car driver all but two engine variants now sit in the Band C category for Vehicle Excise Duty. This results in a saving of up to £505 for someone paying 40 per cent tax and up to £278 for those in the 22 per cent tax bracket. For all owners fuel consumption improvement means a 12,000 miles-a-year driver will save approximately £250 off the fuel bill.
Traction and safety
All BMW 1 Series models come with Dynamic Stability Control with Dynamic Traction Control for the best combination driving pleasure and safety. DSC allows drivers to make the most of the 1 Series' 50:50 weight distribution and rear-wheel-drive configuration for the best on-road performance. The BMW 130i comes with five additional functions with its DSC+ system for enhanced convenience and driver safety: Hill Start Assistant, Brake Pre-tensioning, Brake Drying, Brake Fade Compensation and Soft Stop.
All BMW 1 Series have six airbags as standard, the Brake Force Display function on the rear lights to highlight sharp braking and Run-flat tyres with Tyre Puncture Warning System.
A new style of BMW 1 Series
To herald the introduction of the latest generation of engines, BMW's designers have refreshed the interior and exterior styling of the five-door model. The 1 Series now features a larger kidney grille for improved airflow to the engine. The lower front spoiler has also been reprofiled to create a larger air intake, while the spoiler protrudes further for a more pronounced, sporting look. The headlamp cluster remains the same size but a darker cover gives a subtle, more distinguished front end.
At the rear a restyled bumper gives the impression of a wider, lower car. The rear lamp cluster now features a new arrangement of lights, but retains its original shape.
The new three-door 1 Series features the same styling cues but its side view is naturally different. The passenger doors are longer than those on the five-door model and are also frameless in the style of a coupé. Inside, customers will also be able to choose between either a four-seat or a five-seat configuration. In the four-seat arrangement rear passengers are separated by a central storage compartment and sit in more sculptured seats. As a no-cost option the five-seat layout offers the traditional bench seat standard on the five-door 1 Series. The introduction of higher quality materials and minor changes to the layout of the interior enhance customer comfort and practicality.
Optional highlights
The new 1 Series comes with MP3 and USB stick capability for the best in in-car entertainment. Customers with their favourite music loaded on an Apple iPod or a USB stick can now plug these into the car to continue their listening. Tracks are selected via steering wheel controls or the iDrive system.
The optional Adaptive Headlights that turn to follow the intended course of the car have been improved on the 1 Series. Cornering light function is added to the package as standard. This means two additional lights turn at speeds of between 22 and 40mph to further illuminate the direction of travel on a twisting road.
Since its launch in September 2004, the BMW 1 Series has proved a popular choice. In the UK with 51,492 sold to date and in excess of 200,000 worldwide. The new three- and five-door BMW 1 Series models will be on display at the Geneva Motor Show in March and go on sale in the UK at the same time.
The new BMW 1 Series goes on sale in Spring 2007 and features a model line up that includes the most fuel efficient production vehicle BMW has ever produced. The introduction of a three-door model and a revised five-door come as a raft of new fuel-saving innovations are rolled out across the range.
Technologies such as Brake Energy Regeneration, Automatic Start-Stop function and Electric Power Steering are combined with lower rolling resistant tyres and a gearshift change indicator to encourage economical motoring. These innovations are in addition to the use of variable valve technologies and High-Precision Direct Injection engines on some 1 Series models that boost power output but cut fuel consumption and emissions.
The BMW 118d, BMW's most economical car, manages its record 60.1mpg figure courtesy of these features in conjunction with the use of further lightweight engineering. The car now has an aluminium crankcase to save weight. Aside from the BMW Hydrogen 7, the BMW 118d also posts the lowest ever CO2 emissions of any BMW recording 123g/km (putting it into the Band C category for Vehicle Excise Duty).
Other engines in the new 1 Series range record economy improvements of up to 24 per cent compared to the previous model, while emissions have also been cut by up to 21 per cent. These improvements have not been to the detriment of driving pleasure. The new 1 Series is powered by a range of engines whose outputs have increased by up to 20hp with a consequential improvement in performance figures.
New fuel saving technology
Brake Energy Regeneration (iGR) makes its debut on the 1 Series. The system uses an Intelligent Alternator Control (IAC) and an Absorbent Glass Mat battery to recycle previously lost energy, in turn saving fuel. This is achieved as the IAC reduces drag on the engine by only engaging when required to charge the battery, whereas a traditional alternator is always pulling power from the engine. Additionally, the energy generated by the engine on over-run (under braking or descending a hill) was previously wasted. Now this lost energy is utilised by the IAC to charge the battery. iGR alone is responsible for a three per cent improvement in fuel economy.
The new 1 Series comes with Automatic Start-Stop function to cut fuel consumption. Standard on all manual transmission models (except 130i), the system automatically switches the engine off when the vehicle is stationary and the driver puts the car into neutral. To restart the driver only need engage the clutch again before pulling away in the normal manner. Should he not want to use the Automatic Start-Stop function it can be manually switched off.
The use of Electric Power Steering results in a 90 per cent energy saving compared to a conventional mechanical hydraulic steering system. Power assistance is now provided by an electric motor that works only when required, such as turning a corner. Other fuel saving enhancements have been made courtesy of various ancillary devices, such as the air-conditioning power supply being disconnected from the drivetrain when not in use. Even flaps behind the kidney grille improve economy, closing up for improved aerodynamic efficiency should the engine require less airflow. The feature also improves cold starting times.
Engine changes and statistics in detail
130i: World's lightest six-cylinder production engine with VALVETRONIC and Bi-VANOS technology achieves zero to 62mph in 6.0 seconds (five-door is 6.1 seconds) and an electronically limited top speed of 155mph. Output is 265bhp while peak torque is 315Nm. Combined fuel consumption is 34.0mpg and CO2 emissions are 197g/km.
120i: New four-cylinder engine with High-Precision Direct Injection and Bi-VANOS technology achieves zero to 62mph in 7.7 seconds (7.8 seconds for five-door) before going on to a top speed of 139mph. Output is 170hp (up 20hp) while peak torque is now 210Nm (up 10Nm). Combined fuel consumption is 44.1mpg (improves by 17 per cent), CO2 emissions are 152g/km (down 16 per cent).
118i: New four-cylinder engine with High-Precision Direct Injection and Bi-VANOS technology achieves zero to 62mpg in 8.7 seconds (8.8 seconds for five-door) before going on to a top speed of 130mph. Output is 143hp (up 14hp) while peak torque is now 190Nm (up 10Nm). Combined fuel consumption is 47.9mpg (improves by 24 per cent), CO2 emissions are 140g/km (down 20.5 per cent).
116i (five-door only): Four-cylinder engine with Bi-VANOS achieves zero to 62mph in 10.9 seconds and a top speed of 124mph. Output is 116hp and peak torque is 150Nm. Combined fuel consumption is 37.7mpg and CO2 emissions are 179g/km.
120d: Second generation common-rail diesel engine with aluminium crankcase achieves zero to 62mph in 7.5 seconds (7.6 seconds for five-door) before going on to a top speed of 142mph. Output is 177hp (up 14hp) while peak torque is 350Nm (up 10Nm). Combined fuel consumption is 57.6mpg (improves by 16 per cent) and CO2 emissions are 129g/km (down 15.1 per cent).
118d: Second generation common-rail diesel engine with aluminium crankcase achieves zero to 62mph in 8.9 seconds (9.0 seconds for five door) before going on to a top speed of 130mph. Output is 143hp (up 21 hp) while peak torque is 300Nm (up 20Nm). Combined fuel consumption is 60.1mpg (improves by 19 per cent) and CO2 emissions are 123g/km (down 18 per cent).
Low running costs
The plethora of new technology showcased in the BMW 1 Series will have a significant impact on cost of ownership for customers. For the company car driver all but two engine variants now sit in the Band C category for Vehicle Excise Duty. This results in a saving of up to £505 for someone paying 40 per cent tax and up to £278 for those in the 22 per cent tax bracket. For all owners fuel consumption improvement means a 12,000 miles-a-year driver will save approximately £250 off the fuel bill.
Traction and safety
All BMW 1 Series models come with Dynamic Stability Control with Dynamic Traction Control for the best combination driving pleasure and safety. DSC allows drivers to make the most of the 1 Series' 50:50 weight distribution and rear-wheel-drive configuration for the best on-road performance. The BMW 130i comes with five additional functions with its DSC+ system for enhanced convenience and driver safety: Hill Start Assistant, Brake Pre-tensioning, Brake Drying, Brake Fade Compensation and Soft Stop.
All BMW 1 Series have six airbags as standard, the Brake Force Display function on the rear lights to highlight sharp braking and Run-flat tyres with Tyre Puncture Warning System.
A new style of BMW 1 Series
To herald the introduction of the latest generation of engines, BMW's designers have refreshed the interior and exterior styling of the five-door model. The 1 Series now features a larger kidney grille for improved airflow to the engine. The lower front spoiler has also been reprofiled to create a larger air intake, while the spoiler protrudes further for a more pronounced, sporting look. The headlamp cluster remains the same size but a darker cover gives a subtle, more distinguished front end.
At the rear a restyled bumper gives the impression of a wider, lower car. The rear lamp cluster now features a new arrangement of lights, but retains its original shape.
The new three-door 1 Series features the same styling cues but its side view is naturally different. The passenger doors are longer than those on the five-door model and are also frameless in the style of a coupé. Inside, customers will also be able to choose between either a four-seat or a five-seat configuration. In the four-seat arrangement rear passengers are separated by a central storage compartment and sit in more sculptured seats. As a no-cost option the five-seat layout offers the traditional bench seat standard on the five-door 1 Series. The introduction of higher quality materials and minor changes to the layout of the interior enhance customer comfort and practicality.
Optional highlights
The new 1 Series comes with MP3 and USB stick capability for the best in in-car entertainment. Customers with their favourite music loaded on an Apple iPod or a USB stick can now plug these into the car to continue their listening. Tracks are selected via steering wheel controls or the iDrive system.
The optional Adaptive Headlights that turn to follow the intended course of the car have been improved on the 1 Series. Cornering light function is added to the package as standard. This means two additional lights turn at speeds of between 22 and 40mph to further illuminate the direction of travel on a twisting road.
Since its launch in September 2004, the BMW 1 Series has proved a popular choice. In the UK with 51,492 sold to date and in excess of 200,000 worldwide. The new three- and five-door BMW 1 Series models will be on display at the Geneva Motor Show in March and go on sale in the UK at the same time.
Friday, August 24, 2007
1973 VOLKSWAGEN BEETLE
1973 VOLKSWAGEN BEETLE Lawsuit Information
Volkswagen Beetle - Wikipedia, the free encyclopedia
Tatra launched a lawsuit, but this was stopped when Germany invaded Czechoslovakia. ... In Woody Allen's Sleeper (1973), a Volkswagen is still able to start after ...
Volkswagen Beetle Summary
Tatra launched a lawsuit, but this was stopped when Germany invaded ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
Volkswagen Beetle information, specifications, history, and images. High Resolution, Wallpapers, Destop Images.
The lawsuit was later re-opened after World War II and Volkswagen was forced to ... 1973 Beetle. 1972 Beetle. 1969 Beetle 1500. 1967 Beetle. 1966 Beetle ...
BIGpedia - VW Beetle - Encyclopedia and Dictionary Online
... when Beetle No. 15,007,034 was produced on February 17, 1972; by 1973 total ... The Volkswagen New Beetle was Motor Trend's Import Car of the Year for 1999. ...
Volkswagen Beetle - Netencyclo encyclopedia : Volkswagen Beetle
Tatra launched a lawsuit, but this was stopped when Germany invaded Czechoslovakia. ... In Woody Allen's Sleeper (1973), a Volkswagen is still able to start after ...
Vw Beetle Technicle Information
... of the "Type 1" Volkswagen Beetle increased dramatically over the years, ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
Evaluating Websites
You want to buy a new Volkswagen Beetle: how would you evaluate the following, ... Class Action lawsuit filed against Volkswagen in 1973 by Beetle owners ...
Volkswagen Beetle (1938) with pictures and wallpapers
Tatra launched a lawsuit, but this was stopped when Germany invaded ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
VW Beetle - Open Encyclopedia
The Volkswagen Beetle or Bug is a small family car, the best known car of ... when Beetle No. 15,007,034 was produced on February 17, 1972; by 1973 total ...
Wikipedia search result
This article is about the original Volkswagen Beetle. ... In Woody Allen's Sleeper (1973), a Volkswagen is still able to start after ...
Sixty years of Volkswagen's Beetle - Autoblog
Volkswagen hoping buyers stick around for New Beetle styling gimmick ... the second owner of a 1973 1303 (aka "Super Beetle") back in the late 80's and ...
VW Beetle History 1930s to 1990s
... of the "Type 1" Volkswagen Beetle increased dramatically over the years, ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
Media: Volkswagen Still Doesn't Find It Funny - Gawker
As a result of a lawsuit by VW over the ad for unauthorized use of their ... You're almost as serious as the guy who helped develop the original beetle. ...
www.madlix.com/test/history.html
... the Volkswagen Beetle ... Tatra sued, but the lawsuit was stopped when Germany invaded ... 15,007,034 was produced on February 17, 1972; by 1973 total ...
Volkswagen Beetle : Classic Car : Video : Pictures : Information : Specs
Tatra sued, but the lawsuit was stopped when Germany invaded Czechoslovakia. ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
FERDINAND AND FERRY PORSCHE CARS, VOLKSWAGEN | DIRECTORY OF MOTOR MANUFACTURERS | VEHICLE DESIGN AND TECHNOLOGY | ...
... the foundation stone of the Volkswagen Beetle GmbH factory at Fallersleben, near ... By 1973 total production was over 16 million, and by 2002 there had ...
Introduce yourself - SBO! Community
... Master Tech and worked for Volkswagen of America from 1966 to 1990. ... the 1963 Beetle, this one lasted until I finally had enough money in 1973 to buy ...
Volkswagen
Tatra sued, but the lawsuit was stopped when Germany invaded Czechoslovakia. ... to Volkswagen on its introduction in 1973 — sales of the Beetle were declining, ...
PORSCHE
... the foundation stone of the Volkswagen Beetle GmbH factory at Fallersleben, near ... By 1973 total production was over 16 million, and by 2002 there had ...
Weekly Update - July 28, 2003 - MazdaWorld.org Forums
... effort to make the Beetle a world car, Volkswagen opened its Mexican division back in 1964. ... America has filed a lawsuit against General Motors seeking ...
Volkswagen Beetle - Wikipedia, the free encyclopedia
Tatra launched a lawsuit, but this was stopped when Germany invaded Czechoslovakia. ... In Woody Allen's Sleeper (1973), a Volkswagen is still able to start after ...
Volkswagen Beetle Summary
Tatra launched a lawsuit, but this was stopped when Germany invaded ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
Volkswagen Beetle information, specifications, history, and images. High Resolution, Wallpapers, Destop Images.
The lawsuit was later re-opened after World War II and Volkswagen was forced to ... 1973 Beetle. 1972 Beetle. 1969 Beetle 1500. 1967 Beetle. 1966 Beetle ...
BIGpedia - VW Beetle - Encyclopedia and Dictionary Online
... when Beetle No. 15,007,034 was produced on February 17, 1972; by 1973 total ... The Volkswagen New Beetle was Motor Trend's Import Car of the Year for 1999. ...
Volkswagen Beetle - Netencyclo encyclopedia : Volkswagen Beetle
Tatra launched a lawsuit, but this was stopped when Germany invaded Czechoslovakia. ... In Woody Allen's Sleeper (1973), a Volkswagen is still able to start after ...
Vw Beetle Technicle Information
... of the "Type 1" Volkswagen Beetle increased dramatically over the years, ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
Evaluating Websites
You want to buy a new Volkswagen Beetle: how would you evaluate the following, ... Class Action lawsuit filed against Volkswagen in 1973 by Beetle owners ...
Volkswagen Beetle (1938) with pictures and wallpapers
Tatra launched a lawsuit, but this was stopped when Germany invaded ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
VW Beetle - Open Encyclopedia
The Volkswagen Beetle or Bug is a small family car, the best known car of ... when Beetle No. 15,007,034 was produced on February 17, 1972; by 1973 total ...
Wikipedia search result
This article is about the original Volkswagen Beetle. ... In Woody Allen's Sleeper (1973), a Volkswagen is still able to start after ...
Sixty years of Volkswagen's Beetle - Autoblog
Volkswagen hoping buyers stick around for New Beetle styling gimmick ... the second owner of a 1973 1303 (aka "Super Beetle") back in the late 80's and ...
VW Beetle History 1930s to 1990s
... of the "Type 1" Volkswagen Beetle increased dramatically over the years, ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
Media: Volkswagen Still Doesn't Find It Funny - Gawker
As a result of a lawsuit by VW over the ad for unauthorized use of their ... You're almost as serious as the guy who helped develop the original beetle. ...
www.madlix.com/test/history.html
... the Volkswagen Beetle ... Tatra sued, but the lawsuit was stopped when Germany invaded ... 15,007,034 was produced on February 17, 1972; by 1973 total ...
Volkswagen Beetle : Classic Car : Video : Pictures : Information : Specs
Tatra sued, but the lawsuit was stopped when Germany invaded Czechoslovakia. ... The Super Beetle was improved in 1973 to include a padded dashboard and a curved ...
FERDINAND AND FERRY PORSCHE CARS, VOLKSWAGEN | DIRECTORY OF MOTOR MANUFACTURERS | VEHICLE DESIGN AND TECHNOLOGY | ...
... the foundation stone of the Volkswagen Beetle GmbH factory at Fallersleben, near ... By 1973 total production was over 16 million, and by 2002 there had ...
Introduce yourself - SBO! Community
... Master Tech and worked for Volkswagen of America from 1966 to 1990. ... the 1963 Beetle, this one lasted until I finally had enough money in 1973 to buy ...
Volkswagen
Tatra sued, but the lawsuit was stopped when Germany invaded Czechoslovakia. ... to Volkswagen on its introduction in 1973 — sales of the Beetle were declining, ...
PORSCHE
... the foundation stone of the Volkswagen Beetle GmbH factory at Fallersleben, near ... By 1973 total production was over 16 million, and by 2002 there had ...
Weekly Update - July 28, 2003 - MazdaWorld.org Forums
... effort to make the Beetle a world car, Volkswagen opened its Mexican division back in 1964. ... America has filed a lawsuit against General Motors seeking ...
Wyoming Lemon Law
40-17-101 Definitions.
Express warranties; duty to make warranty repairs.
(a) As used in this section:
(i) “Consumer” means any person:
(A) Who purchases a motor vehicle, other than for purposes [purpose] of resale, to which an express warranty applies; or
(B) To whom a motor vehicle is transferred during the term of an express warranty applicable to the motor vehicle; or
(C) Entitled by the terms of an express warranty applicable to a motor vehicle to enforce it.
(ii) “Motor vehicle” means every vehicle under ten thousand (10,000) pounds unladen weight, sold or registered in the state, which is self-propelled except vehicles moved solely by human power;
(iii) “Reasonable allowance for consumer’s use” means an amount directly attributable to use of the motor vehicle prior to the first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the motor vehicle is not out of service due to repair;
(iv) “Manufacturers’ express warranty or warranty” means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under warranty.
(b) If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer within one (1) year following the original delivery of the motor vehicle to the consumer, the manufacturer, its agent or authorized dealer shall make repairs necessary to conform the vehicle to the express warranties. The necessary repairs shall be made even if the one (1) year period has expired.
(c) If the manufacturer, its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and fair market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall:
(i) Replace the motor vehicle with a new or comparable motor vehicle of the same type and similarly equipped; or
(ii) Accept return of the motor vehicle and refund to the consumer and any lien holder as their interest may appear the full purchase price including all collateral charges less a reasonable allowance for consumer’s use.
(d) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to express warranty if within one (1) year following the original delivery of the motor vehicle to the consumer, whichever is later:
(i) The same nonconformity has been subject to repair more than three (3) times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist; or
(ii) The vehicle is out of service due to repair for a cumulative total of thirty (30) business days.
(e) Nothing in this section shall be construed to limit the rights or remedies of a consumer under any other statute.
(f) Subsection (c) of this section does not apply to any consumer who has failed to exhaust his remedies under a manufacturer’s informal dispute settlement procedure if a procedure exists and is in compliance with applicable federal statute and regulation.
(g) It is an affirmative defense to any claim under this section that:
(i) An alleged nonconformity does not substantially impair the use and fair market value of the motor vehicle; or
(ii) A nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.
(h) In no event shall the presumption herein provided in subsection (d) of this section apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had a reasonable opportunity to cure the alleged defect.
(j) Any consumer injured by a violation of this section may bring a civil action to enforce this section and may recover reasonable attorney’s fees from the manufacturer who issued the express warranty.
Express warranties; duty to make warranty repairs.
(a) As used in this section:
(i) “Consumer” means any person:
(A) Who purchases a motor vehicle, other than for purposes [purpose] of resale, to which an express warranty applies; or
(B) To whom a motor vehicle is transferred during the term of an express warranty applicable to the motor vehicle; or
(C) Entitled by the terms of an express warranty applicable to a motor vehicle to enforce it.
(ii) “Motor vehicle” means every vehicle under ten thousand (10,000) pounds unladen weight, sold or registered in the state, which is self-propelled except vehicles moved solely by human power;
(iii) “Reasonable allowance for consumer’s use” means an amount directly attributable to use of the motor vehicle prior to the first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the motor vehicle is not out of service due to repair;
(iv) “Manufacturers’ express warranty or warranty” means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under warranty.
(b) If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer within one (1) year following the original delivery of the motor vehicle to the consumer, the manufacturer, its agent or authorized dealer shall make repairs necessary to conform the vehicle to the express warranties. The necessary repairs shall be made even if the one (1) year period has expired.
(c) If the manufacturer, its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and fair market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall:
(i) Replace the motor vehicle with a new or comparable motor vehicle of the same type and similarly equipped; or
(ii) Accept return of the motor vehicle and refund to the consumer and any lien holder as their interest may appear the full purchase price including all collateral charges less a reasonable allowance for consumer’s use.
(d) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to express warranty if within one (1) year following the original delivery of the motor vehicle to the consumer, whichever is later:
(i) The same nonconformity has been subject to repair more than three (3) times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist; or
(ii) The vehicle is out of service due to repair for a cumulative total of thirty (30) business days.
(e) Nothing in this section shall be construed to limit the rights or remedies of a consumer under any other statute.
(f) Subsection (c) of this section does not apply to any consumer who has failed to exhaust his remedies under a manufacturer’s informal dispute settlement procedure if a procedure exists and is in compliance with applicable federal statute and regulation.
(g) It is an affirmative defense to any claim under this section that:
(i) An alleged nonconformity does not substantially impair the use and fair market value of the motor vehicle; or
(ii) A nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.
(h) In no event shall the presumption herein provided in subsection (d) of this section apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had a reasonable opportunity to cure the alleged defect.
(j) Any consumer injured by a violation of this section may bring a civil action to enforce this section and may recover reasonable attorney’s fees from the manufacturer who issued the express warranty.
Wisconsin Lemon Law
Wisconsin Lemon Law 218.015 Repair, replacement and refund.
Under new motor vehicle warranties.
(1) In this section:
(a) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining alternative transportation.
(b) “Consumer” means any of the following:
1. The purchaser of a new motor vehicle, if the motor vehicle was purchased from a motor vehicle dealer for purposes other than resale.
2. A person to whom the motor vehicle is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motor vehicle.
3. A person who may enforce the warranty.
4. A person who leases a motor vehicle from a motor vehicle lessor under a written lease.
(bd) “Demonstrator” means used primarily for the purpose of demonstration to the public.
(bg) “Early termination cost” means any expense or obligation a motor vehicle lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub. (2)(b)3. “Early termination cost” includes a penalty for prepayment under a finance arrangement.
(bj) “Early termination savings” means any expense or obligation a motor vehicle lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub. (2)(b)3. “Early termination savings” includes an interest charge the motor vehicle lessor would have paid to finance the motor vehicle or, if the motor vehicle lessor does not finance the motor vehicle, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.
(bp) “Executive” means used primarily by an executive of a licensed manufacturer, distributor or dealer, and not used for demonstration to the public.
(c) “Manufacturer” means a manufacturer as defined in s. 218.01(1)(L) and agents of the manufacturer, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer’s motor vehicles, but not including a motor vehicle dealer.
(d) “Motor vehicle” means any motor driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05(2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer, which a consumer purchases or accepts transfer of in this state. “Motor vehicle” does not mean a moped, semi-trailer or trailer designed for use in combination with a truck or truck tractor.
(e) “Motor vehicle dealer” has the meaning given under s. 218.01(1)(n).
(em) “Motor vehicle lessor” means a person who holds title to a motor vehicle leased to a lessee, or who holds the lessor’s rights, under a written lease.
(f) “Nonconformity” means a condition or defect which substantially impairs the use, value or safety of a motor vehicle, and is covered by an express warranty applicable to the motor vehicle or to a component of the motor vehicle, but does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration of the motor vehicle by a consumer.
(h) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motor vehicle or within one year after first delivery of the motor vehicle to a consumer, whichever is sooner:
1. The same nonconformity with the warranty is subject to repair by the manufacturer, motor vehicle lessor or any of the manufacturer’s authorized motor vehicle dealers at least 4 times and the nonconformity continues.
2. The motor vehicle is out of service for an aggregate of at least 30 days because of warranty nonconformities.
(2)
(a) If a new motor vehicle does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motor vehicle lessor or any of the manufacturer’s authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or one year after first delivery of the motor vehicle to a consumer, whichever is sooner, the nonconformity shall be repaired.
(b)
1. If after a reasonable attempt to repair the nonconformity is not repaired, the manufacturer shall carry out the requirement under subd. 2. or 3., whichever is appropriate.
2. At the direction of a consumer described under sub. (1)(b)1., 2. or 3., do one of the following:
a. Accept return of the motor vehicle and replace the motor vehicle with a comparable new motor vehicle and refund any collateral costs.
b. Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumer’s motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.
3.
a. With respect to a consumer described in sub. (1)(b)4., accept return of the motor vehicle, refund to the motor vehicle lessor and to any holder of a perfected security interest in the motor vehicle, as their interest may appear, the current value of the written lease and refund to the consumer the amount the consumer paid under the written lease plus any sales tax and collateral costs, less a reasonable allowance for use.
b. Under this subdivision, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the motor vehicle dealer’s early termination costs and the value of the motor vehicle at the lease expiration date if the lease sets forth that value, less the motor vehicle lessor’s early termination savings.
c. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 100,000 and the numerator of which is the number of miles the consumer drove the motor vehicle before first reporting the nonconformity to the manufacturer, motor vehicle lessor or motor vehicle dealer.
(c) To receive a comparable new motor vehicle or a refund due under par. (b) 1. or 2., a consumer described under sub. (1)(b)1., 2. or 3. shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new motor vehicle or refund. When the manufacturer provides the new motor vehicle or refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer and provide the manufacturer with the certificate of title and all endorsements necessary to transfer title to the manufacturer.
(cm)
1. To receive a refund due under par. (b)3., a consumer described under sub. (1)(b)4. shall offer to the manufacturer of the motor vehicle having the nonconformity to return that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer.
2. To receive a refund due under par. (b)3., a motor vehicle lessor shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the motor vehicle lessor. When the manufacturer provides the refund, the motor vehicle lessor shall provide to the manufacturer the certificate of title and all endorsements necessary to transfer title to the manufacturer.
3. No person may enforce the lease against the consumer after the consumer receives a refund due under par. (b)3.
(d) No motor vehicle returned by a consumer or motor vehicle lessor in this state under par. (b), or by a consumer or motor vehicle lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
(e) The department of revenue shall refund to the manufacturer any sales tax which the manufacturer refunded to the consumer under par. (b) if the manufacturer provides to the department of revenue a written request for a refund along with evidence that the sales tax was paid when the motor vehicle was purchased and that the manufacturer refunded the sales tax to the consumer. The department may not refund any sales tax under this paragraph if it has made a refund in connection with the same motor vehicle under par. (f).
(f) The department of revenue shall refund to a consumer described under sub. (1)(b)1., 2. or 3. all or part of the sales tax paid by the consumer on the purchase of a new motor vehicle, based on the amount of the refund of the purchase price of the motor vehicle actually received by the consumer, if all of the following apply:
1. The consumer returned the motor vehicle to its manufacturer and received a refund of all or part of the purchase price but not the corresponding amount of sales tax.
2. The consumer bought the new motor vehicle after November 2, 1983.
3. The consumer provides the department of revenue with a written request for a refund of the sales tax along with evidence that the consumer received a certain amount as a refund of the purchase price of the motor vehicle from the manufacturer, that the sales tax was paid when the motor vehicle was bought new and that the manufacturer did not refund the sales tax to the consumer.
4. The department of revenue has not made a refund under par. (e) in connection with the motor vehicle.
(3) If there is available to the consumer an informal dispute settlement procedure which is certified under sub. (4), the consumer may not bring an action under sub. (7) unless he or she first resorts to that procedure.
(4)
(a) The department of transportation shall adopt rules specifying the requirements with which each informal dispute settlement procedure shall comply. The rules shall require each person establishing an informal dispute settlement procedure to do all of the following:
1. Provide rights and procedures at least as favorable to the consumer as are required under 16 CFR Part 703, in effect on November 3, 1983.
2. If after a reasonable attempt to repair the nonconformity is not repaired, require the manufacturer to provide a remedy as set forth under sub. (2)(b).
(b) The department of transportation shall investigate each informal dispute settlement procedure provided in this state to determine whether it complies with the rules adopted under par. (a). The department shall certify each informal dispute settlement procedure which complies. The department may revoke certification if it determines that an informal dispute settlement procedure no longer complies with the rules promulgated under par. (a). Annually, the department shall publish a report evaluating the informal dispute settlement procedures provided in this state, stating whether those procedures are certified and stating the reasons for the failure of any procedure to obtain certification or for the revocation of any certification.
(c) Any person who establishes an informal dispute settlement procedure the certification of which is denied or revoked by the department of transportation may appeal that denial or revocation under ch. 227.
(d) Annually, any person who establishes an informal dispute settlement procedure shall file with the department of transportation a copy of the annual audit required under 16 CFR Part 703 or a substantially similar audit and any additional information the department requires in order to evaluate informal dispute settlement procedures.
(e) The department of transportation may consider whether a manufacturer obtains certification under this subsection in determining whether to issue a manufacturer’s license to do business in this state.
(5) This section does not limit rights or remedies available to a consumer under any other law.
(6) Any waiver by a consumer of rights under this section is void.
(7) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements an
Under new motor vehicle warranties.
(1) In this section:
(a) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining alternative transportation.
(b) “Consumer” means any of the following:
1. The purchaser of a new motor vehicle, if the motor vehicle was purchased from a motor vehicle dealer for purposes other than resale.
2. A person to whom the motor vehicle is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motor vehicle.
3. A person who may enforce the warranty.
4. A person who leases a motor vehicle from a motor vehicle lessor under a written lease.
(bd) “Demonstrator” means used primarily for the purpose of demonstration to the public.
(bg) “Early termination cost” means any expense or obligation a motor vehicle lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub. (2)(b)3. “Early termination cost” includes a penalty for prepayment under a finance arrangement.
(bj) “Early termination savings” means any expense or obligation a motor vehicle lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motor vehicle to a manufacturer under sub. (2)(b)3. “Early termination savings” includes an interest charge the motor vehicle lessor would have paid to finance the motor vehicle or, if the motor vehicle lessor does not finance the motor vehicle, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.
(bp) “Executive” means used primarily by an executive of a licensed manufacturer, distributor or dealer, and not used for demonstration to the public.
(c) “Manufacturer” means a manufacturer as defined in s. 218.01(1)(L) and agents of the manufacturer, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer’s motor vehicles, but not including a motor vehicle dealer.
(d) “Motor vehicle” means any motor driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05(2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer, which a consumer purchases or accepts transfer of in this state. “Motor vehicle” does not mean a moped, semi-trailer or trailer designed for use in combination with a truck or truck tractor.
(e) “Motor vehicle dealer” has the meaning given under s. 218.01(1)(n).
(em) “Motor vehicle lessor” means a person who holds title to a motor vehicle leased to a lessee, or who holds the lessor’s rights, under a written lease.
(f) “Nonconformity” means a condition or defect which substantially impairs the use, value or safety of a motor vehicle, and is covered by an express warranty applicable to the motor vehicle or to a component of the motor vehicle, but does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration of the motor vehicle by a consumer.
(h) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motor vehicle or within one year after first delivery of the motor vehicle to a consumer, whichever is sooner:
1. The same nonconformity with the warranty is subject to repair by the manufacturer, motor vehicle lessor or any of the manufacturer’s authorized motor vehicle dealers at least 4 times and the nonconformity continues.
2. The motor vehicle is out of service for an aggregate of at least 30 days because of warranty nonconformities.
(2)
(a) If a new motor vehicle does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motor vehicle lessor or any of the manufacturer’s authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or one year after first delivery of the motor vehicle to a consumer, whichever is sooner, the nonconformity shall be repaired.
(b)
1. If after a reasonable attempt to repair the nonconformity is not repaired, the manufacturer shall carry out the requirement under subd. 2. or 3., whichever is appropriate.
2. At the direction of a consumer described under sub. (1)(b)1., 2. or 3., do one of the following:
a. Accept return of the motor vehicle and replace the motor vehicle with a comparable new motor vehicle and refund any collateral costs.
b. Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumer’s motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.
3.
a. With respect to a consumer described in sub. (1)(b)4., accept return of the motor vehicle, refund to the motor vehicle lessor and to any holder of a perfected security interest in the motor vehicle, as their interest may appear, the current value of the written lease and refund to the consumer the amount the consumer paid under the written lease plus any sales tax and collateral costs, less a reasonable allowance for use.
b. Under this subdivision, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the motor vehicle dealer’s early termination costs and the value of the motor vehicle at the lease expiration date if the lease sets forth that value, less the motor vehicle lessor’s early termination savings.
c. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 100,000 and the numerator of which is the number of miles the consumer drove the motor vehicle before first reporting the nonconformity to the manufacturer, motor vehicle lessor or motor vehicle dealer.
(c) To receive a comparable new motor vehicle or a refund due under par. (b) 1. or 2., a consumer described under sub. (1)(b)1., 2. or 3. shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new motor vehicle or refund. When the manufacturer provides the new motor vehicle or refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer and provide the manufacturer with the certificate of title and all endorsements necessary to transfer title to the manufacturer.
(cm)
1. To receive a refund due under par. (b)3., a consumer described under sub. (1)(b)4. shall offer to the manufacturer of the motor vehicle having the nonconformity to return that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer.
2. To receive a refund due under par. (b)3., a motor vehicle lessor shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the motor vehicle lessor. When the manufacturer provides the refund, the motor vehicle lessor shall provide to the manufacturer the certificate of title and all endorsements necessary to transfer title to the manufacturer.
3. No person may enforce the lease against the consumer after the consumer receives a refund due under par. (b)3.
(d) No motor vehicle returned by a consumer or motor vehicle lessor in this state under par. (b), or by a consumer or motor vehicle lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
(e) The department of revenue shall refund to the manufacturer any sales tax which the manufacturer refunded to the consumer under par. (b) if the manufacturer provides to the department of revenue a written request for a refund along with evidence that the sales tax was paid when the motor vehicle was purchased and that the manufacturer refunded the sales tax to the consumer. The department may not refund any sales tax under this paragraph if it has made a refund in connection with the same motor vehicle under par. (f).
(f) The department of revenue shall refund to a consumer described under sub. (1)(b)1., 2. or 3. all or part of the sales tax paid by the consumer on the purchase of a new motor vehicle, based on the amount of the refund of the purchase price of the motor vehicle actually received by the consumer, if all of the following apply:
1. The consumer returned the motor vehicle to its manufacturer and received a refund of all or part of the purchase price but not the corresponding amount of sales tax.
2. The consumer bought the new motor vehicle after November 2, 1983.
3. The consumer provides the department of revenue with a written request for a refund of the sales tax along with evidence that the consumer received a certain amount as a refund of the purchase price of the motor vehicle from the manufacturer, that the sales tax was paid when the motor vehicle was bought new and that the manufacturer did not refund the sales tax to the consumer.
4. The department of revenue has not made a refund under par. (e) in connection with the motor vehicle.
(3) If there is available to the consumer an informal dispute settlement procedure which is certified under sub. (4), the consumer may not bring an action under sub. (7) unless he or she first resorts to that procedure.
(4)
(a) The department of transportation shall adopt rules specifying the requirements with which each informal dispute settlement procedure shall comply. The rules shall require each person establishing an informal dispute settlement procedure to do all of the following:
1. Provide rights and procedures at least as favorable to the consumer as are required under 16 CFR Part 703, in effect on November 3, 1983.
2. If after a reasonable attempt to repair the nonconformity is not repaired, require the manufacturer to provide a remedy as set forth under sub. (2)(b).
(b) The department of transportation shall investigate each informal dispute settlement procedure provided in this state to determine whether it complies with the rules adopted under par. (a). The department shall certify each informal dispute settlement procedure which complies. The department may revoke certification if it determines that an informal dispute settlement procedure no longer complies with the rules promulgated under par. (a). Annually, the department shall publish a report evaluating the informal dispute settlement procedures provided in this state, stating whether those procedures are certified and stating the reasons for the failure of any procedure to obtain certification or for the revocation of any certification.
(c) Any person who establishes an informal dispute settlement procedure the certification of which is denied or revoked by the department of transportation may appeal that denial or revocation under ch. 227.
(d) Annually, any person who establishes an informal dispute settlement procedure shall file with the department of transportation a copy of the annual audit required under 16 CFR Part 703 or a substantially similar audit and any additional information the department requires in order to evaluate informal dispute settlement procedures.
(e) The department of transportation may consider whether a manufacturer obtains certification under this subsection in determining whether to issue a manufacturer’s license to do business in this state.
(5) This section does not limit rights or remedies available to a consumer under any other law.
(6) Any waiver by a consumer of rights under this section is void.
(7) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements an
West Virginia Lemon Law
46A-6A-1 Legislative declarations.
(1) The Legislature hereby finds and declares as a matter of public policy that the purpose of this article is to place upon the manufacturers of motor vehicles the duty to meet their obligations and responsibilities under the terms of the express warranties extended to the consumers in this state. The Legislature further finds as a matter of public policy that the manufacturer shall bear the total cost of performing any duty or responsibility imposed by their warranties and the provisions of this article.
(2) The Legislature further finds that any agreement under the provisions of article six-a, chapter seventeen-a of this code, or any agreement hereafter amended or entered into between a dealer and manufacturer which would transfer to the dealer any duty, or all or any part of the cost of performing any duty imposed on the manufacturer by the provisions of this article, or which would directly or indirectly charge the dealer for or reduce the payment or reimbursement due the dealer for performing work or furnishing parts required by this article to be provided by either the dealer or manufacturer, so as to shift to the dealer all or any part of the cost of the manufacturer’s compliance with this article, to be against public policy, void and unenforceable.
46A-6A-2 Definitions.
When used in this article, the following words, terms and phrases shall have the meaning ascribed to them, except where the context indicates a different meaning:
(1) “Consumer” means the purchaser, other than for purposes of resale, of a new motor vehicle purchased in this state, used primarily for personal, family or household purposes, a person to whom the new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty;
(2) “Manufacturer” means a person engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least ten new motor vehicles;
(3) “Manufacturer’s express warranty” and “warranty” mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty; and
(4) “Motor vehicle” means any passenger automobile sold in this state, including pickup trucks and vans subject to registration as a Class A motor vehicle under the provisions of article ten, chapter seventeen-a of this code, and any self-propelled motor vehicle chassis of motor homes sold in this state subject to registration as and Class A or Class B motor vehicle under the provisions of article ten, chapter seventeen- a of this code.
46A-6A-3 Manufacturer’s duty to repair or replace new motor vehicles.
(a) If a new motor vehicle purchased in this state on or after the first day of January, one thousand nine hundred eighty-four, does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the term of the express warranties or during the period of one year following the date of original delivery of the new motor vehicle to a consumer, whichever is the later date, the manufacturer, its agent or its authorized dealer shall make the repairs necessary to conform the vehicle to the express warranties, notwithstanding the fact that the repairs are made after the expiration of the warranty term.
(b) If the manufacturer, its agents or its authorized dealer are unable to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use or market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall, replace the new motor vehicle with a comparable new motor vehicle which does conform to the warranties.
46A-6A-3a Dealer’s duty to disclose repairs to consumer.
Beginning the first day of July, one thousand nine hundred eighty-nine, all authorized dealers of new motor vehicles purchased in this state shall provide to any consumer a written disclosure of any repairs to a new motor vehicle which repairs have a retail value of five hundred dollars or more and were performed after shipment from the manufacturer to the dealer, including damage to the new motor vehicle while in transit.
This disclosure requirement does not apply to identical replacement of stolen or damaged accessories or their components, tires or antennae.
For purposes of this section, a motor vehicle is not a new motor vehicle when it has been previously titled or the motor vehicle has been damaged in such a manner that, were the damage not repaired, the value and usability of the motor vehicle would be substantially impaired.
46A-6A-4 Civil action by consumer.
(a) If the nonconformity results in substantial impairment to the use or market value of the new motor vehicle and the manufacturer has not replaced the new motor vehicle pursuant to the provisions of section three of this article, or if the nonconformity exists after a reasonable number of attempts to conform the new motor vehicle to the applicable express warranties, the consumer shall have a cause of action against the manufacturer, in the circuit court of any county having venue.
(b) In any action under this section, the consumer may be awarded all or any portion of the following:
(1) Revocation of acceptance and refund of the purchase price, including, but not limited to, sales tax, license and registration fees, and other reasonable expenses incurred for the purchase of the new motor vehicle, or if there be no such revocation of acceptance, damages for diminished value of the motor vehicle;
(2) Damages for the cost of repairs reasonably required to conform the motor vehicle to the express warranty;
(3) Damages for the loss of use, annoyance or inconvenience resulting from the nonconformity, including, but not limited to, reasonable expenses incurred for replacement transportation during any period when the vehicle is not out of service by reason of the nonconformity or by reason of repair; and
(4) Reasonable attorney fees.
(c) It is an affirmative defense to any claim under this section
(i) that an alleged nonconformity does not substantially impair the use or market value or
(ii) that a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by anyone other than the manufacturer, its agent or its authorized dealer.
(d) An action brought under this section by the consumer must be commenced within one year of the expiration of the express warranty term.
(e) The cause of action provided for in this section shall be available only against the manufacturer.
46A-6A-5 Presumption of reasonable number of attempts.
Extension of warranty term when repair services unavailable.
(a) It is presumed that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties, if the same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers within the express warranty term or during the period of one year following the date of original delivery of the motor vehicle to the consumer, whichever is the earlier date, and the nonconformity continues to exist, or the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the term or during the one-year period, whichever is the earlier date.
(b) If the nonconformity results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, it is presumed that a reasonable number of attempts have been undertaken to conform the vehicle to the applicable express warranties if the nonconformity has been subject to repair at least once by the manufacturer within the express warranty term or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, and the nonconformity continues to exist.
(c) The presumption that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties applies against a manufacturer only if the manufacturer has received prior written notification from or on behalf of the consumer and has had at least one opportunity to cure the defect alleged.
(d) The term of an express warranty, the one-year period and the thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.
46A-6A-6 Written statement to be provided to consumer.
At the time of purchase the manufacturer, either directly or through its agent or its authorized dealer, must provide the consumer a written statement on a separate piece of paper, in ten point all capital type, in substantially the following form:
“IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO REPLACEMENT OR TO COMPENSATION, YOU MUST FIRST NOTIFY THE MANUFACTURER OF THE PROBLEM IN WRITING AND PROVIDE THE MANUFACTURER AN OPPORTUNITY TO REPAIR THE VEHICLE.”
46A-6A-7 Resale of returned motor vehicle.
If a new motor vehicle has been returned under section three of this article or a similar statute of another state, it may not be resold in this state unless the manufacturer corrects the nonconformity and provides the consumer with a written statement on a separate piece of paper in ten point all capital type, in substantially the following form:
“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER’S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY WEST VIRGINIA LAW.”
Provided, That no manufacturer shall require by agreement or otherwise, either directly or indirectly, that any of its authorized dealers in this state accept such a motor vehicle for resale.
46A-6A-8 Third party dispute resolution process.
Attorney general to promulgate rules and regulations.
(a) The attorney general of the state of West Virginia shall promulgate rules and regulations for the establishment and qualification of a third party dispute mechanism or mechanisms for the resolution of warranty disputes between the consumer and the manufacturer, its agent or its authorized dealer. Such mechanisms shall be under the supervision of the division of consumer protection in the office of the attorney general, and shall meet or exceed the minimum requirements of the informal dispute settlement mechanism as provided by the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (Public Law 93-637) and rules and regulations lawfully promulgated there under effective the first day of January, one thousand nine hundred eighty-four.
(b) If a qualified third party dispute resolution process exists and the consumer receives timely notification in writing of the availability of the third party process with a description of its operation and effect, the cause of action under section four of this article may not be asserted by the consumer until after the consumer has initially resorted to the third party process. Notification of the availability of the third party process must be timely to the consumer. If a qualified third party dispute resolution process does not exist, or if the consumer is dissatisfied with the third party decision, or if the manufacturer, its agent or its authorized dealer fails to promptly fulfill the terms of the third party decision, the consumer may assert a cause of action under section four of this article.
(c) Any period of limitation of actions under any federal or West Virginia laws with respect to any consumer shall be tolled for the period between the date a complaint is filed with a third party dispute resolution process and the date of its decision or the date before which the manufacturer, its agent or its authorized dealer is required by the decision to fulfill its terms, whichever occurs later.
46A-6A-9 Other remedies available.
Nothing in this article shall be construed to limit any right or remedy which is otherwise available to a consumer or authorized dealer of a manufacturer under any other law.
(1) The Legislature hereby finds and declares as a matter of public policy that the purpose of this article is to place upon the manufacturers of motor vehicles the duty to meet their obligations and responsibilities under the terms of the express warranties extended to the consumers in this state. The Legislature further finds as a matter of public policy that the manufacturer shall bear the total cost of performing any duty or responsibility imposed by their warranties and the provisions of this article.
(2) The Legislature further finds that any agreement under the provisions of article six-a, chapter seventeen-a of this code, or any agreement hereafter amended or entered into between a dealer and manufacturer which would transfer to the dealer any duty, or all or any part of the cost of performing any duty imposed on the manufacturer by the provisions of this article, or which would directly or indirectly charge the dealer for or reduce the payment or reimbursement due the dealer for performing work or furnishing parts required by this article to be provided by either the dealer or manufacturer, so as to shift to the dealer all or any part of the cost of the manufacturer’s compliance with this article, to be against public policy, void and unenforceable.
46A-6A-2 Definitions.
When used in this article, the following words, terms and phrases shall have the meaning ascribed to them, except where the context indicates a different meaning:
(1) “Consumer” means the purchaser, other than for purposes of resale, of a new motor vehicle purchased in this state, used primarily for personal, family or household purposes, a person to whom the new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty;
(2) “Manufacturer” means a person engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least ten new motor vehicles;
(3) “Manufacturer’s express warranty” and “warranty” mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty; and
(4) “Motor vehicle” means any passenger automobile sold in this state, including pickup trucks and vans subject to registration as a Class A motor vehicle under the provisions of article ten, chapter seventeen-a of this code, and any self-propelled motor vehicle chassis of motor homes sold in this state subject to registration as and Class A or Class B motor vehicle under the provisions of article ten, chapter seventeen- a of this code.
46A-6A-3 Manufacturer’s duty to repair or replace new motor vehicles.
(a) If a new motor vehicle purchased in this state on or after the first day of January, one thousand nine hundred eighty-four, does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the term of the express warranties or during the period of one year following the date of original delivery of the new motor vehicle to a consumer, whichever is the later date, the manufacturer, its agent or its authorized dealer shall make the repairs necessary to conform the vehicle to the express warranties, notwithstanding the fact that the repairs are made after the expiration of the warranty term.
(b) If the manufacturer, its agents or its authorized dealer are unable to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use or market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall, replace the new motor vehicle with a comparable new motor vehicle which does conform to the warranties.
46A-6A-3a Dealer’s duty to disclose repairs to consumer.
Beginning the first day of July, one thousand nine hundred eighty-nine, all authorized dealers of new motor vehicles purchased in this state shall provide to any consumer a written disclosure of any repairs to a new motor vehicle which repairs have a retail value of five hundred dollars or more and were performed after shipment from the manufacturer to the dealer, including damage to the new motor vehicle while in transit.
This disclosure requirement does not apply to identical replacement of stolen or damaged accessories or their components, tires or antennae.
For purposes of this section, a motor vehicle is not a new motor vehicle when it has been previously titled or the motor vehicle has been damaged in such a manner that, were the damage not repaired, the value and usability of the motor vehicle would be substantially impaired.
46A-6A-4 Civil action by consumer.
(a) If the nonconformity results in substantial impairment to the use or market value of the new motor vehicle and the manufacturer has not replaced the new motor vehicle pursuant to the provisions of section three of this article, or if the nonconformity exists after a reasonable number of attempts to conform the new motor vehicle to the applicable express warranties, the consumer shall have a cause of action against the manufacturer, in the circuit court of any county having venue.
(b) In any action under this section, the consumer may be awarded all or any portion of the following:
(1) Revocation of acceptance and refund of the purchase price, including, but not limited to, sales tax, license and registration fees, and other reasonable expenses incurred for the purchase of the new motor vehicle, or if there be no such revocation of acceptance, damages for diminished value of the motor vehicle;
(2) Damages for the cost of repairs reasonably required to conform the motor vehicle to the express warranty;
(3) Damages for the loss of use, annoyance or inconvenience resulting from the nonconformity, including, but not limited to, reasonable expenses incurred for replacement transportation during any period when the vehicle is not out of service by reason of the nonconformity or by reason of repair; and
(4) Reasonable attorney fees.
(c) It is an affirmative defense to any claim under this section
(i) that an alleged nonconformity does not substantially impair the use or market value or
(ii) that a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by anyone other than the manufacturer, its agent or its authorized dealer.
(d) An action brought under this section by the consumer must be commenced within one year of the expiration of the express warranty term.
(e) The cause of action provided for in this section shall be available only against the manufacturer.
46A-6A-5 Presumption of reasonable number of attempts.
Extension of warranty term when repair services unavailable.
(a) It is presumed that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties, if the same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers within the express warranty term or during the period of one year following the date of original delivery of the motor vehicle to the consumer, whichever is the earlier date, and the nonconformity continues to exist, or the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the term or during the one-year period, whichever is the earlier date.
(b) If the nonconformity results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, it is presumed that a reasonable number of attempts have been undertaken to conform the vehicle to the applicable express warranties if the nonconformity has been subject to repair at least once by the manufacturer within the express warranty term or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, and the nonconformity continues to exist.
(c) The presumption that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties applies against a manufacturer only if the manufacturer has received prior written notification from or on behalf of the consumer and has had at least one opportunity to cure the defect alleged.
(d) The term of an express warranty, the one-year period and the thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.
46A-6A-6 Written statement to be provided to consumer.
At the time of purchase the manufacturer, either directly or through its agent or its authorized dealer, must provide the consumer a written statement on a separate piece of paper, in ten point all capital type, in substantially the following form:
“IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO REPLACEMENT OR TO COMPENSATION, YOU MUST FIRST NOTIFY THE MANUFACTURER OF THE PROBLEM IN WRITING AND PROVIDE THE MANUFACTURER AN OPPORTUNITY TO REPAIR THE VEHICLE.”
46A-6A-7 Resale of returned motor vehicle.
If a new motor vehicle has been returned under section three of this article or a similar statute of another state, it may not be resold in this state unless the manufacturer corrects the nonconformity and provides the consumer with a written statement on a separate piece of paper in ten point all capital type, in substantially the following form:
“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER’S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY WEST VIRGINIA LAW.”
Provided, That no manufacturer shall require by agreement or otherwise, either directly or indirectly, that any of its authorized dealers in this state accept such a motor vehicle for resale.
46A-6A-8 Third party dispute resolution process.
Attorney general to promulgate rules and regulations.
(a) The attorney general of the state of West Virginia shall promulgate rules and regulations for the establishment and qualification of a third party dispute mechanism or mechanisms for the resolution of warranty disputes between the consumer and the manufacturer, its agent or its authorized dealer. Such mechanisms shall be under the supervision of the division of consumer protection in the office of the attorney general, and shall meet or exceed the minimum requirements of the informal dispute settlement mechanism as provided by the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (Public Law 93-637) and rules and regulations lawfully promulgated there under effective the first day of January, one thousand nine hundred eighty-four.
(b) If a qualified third party dispute resolution process exists and the consumer receives timely notification in writing of the availability of the third party process with a description of its operation and effect, the cause of action under section four of this article may not be asserted by the consumer until after the consumer has initially resorted to the third party process. Notification of the availability of the third party process must be timely to the consumer. If a qualified third party dispute resolution process does not exist, or if the consumer is dissatisfied with the third party decision, or if the manufacturer, its agent or its authorized dealer fails to promptly fulfill the terms of the third party decision, the consumer may assert a cause of action under section four of this article.
(c) Any period of limitation of actions under any federal or West Virginia laws with respect to any consumer shall be tolled for the period between the date a complaint is filed with a third party dispute resolution process and the date of its decision or the date before which the manufacturer, its agent or its authorized dealer is required by the decision to fulfill its terms, whichever occurs later.
46A-6A-9 Other remedies available.
Nothing in this article shall be construed to limit any right or remedy which is otherwise available to a consumer or authorized dealer of a manufacturer under any other law.
Washington, D.C. Lemon Law
45.45.300 Repairs required.
§ 50-501 Definitions
For the purposes of this chapter, the term:
(1) “Board” means the Board of Consumer Claims Arbitration for the District of Columbia established by § 50-503.
(2) “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle; any person to whom the motor vehicle is leased or otherwise transferred during the duration of a warranty applicable to the motor vehicle; and any other person entitled to enforce the obligations of the warranty. For the purposes of § 50-503, the term “consumer” means any natural person who does or would purchase, lease, or receive consumer goods or services. The term “consumer” includes any natural person who purchases insurance coverage in the District of Columbia.
(3) “Council” means the Council of the District of Columbia.
(4) “Court” means the Superior Court of the District of Columbia.
(5) “District” means the District of Columbia.
(6) “Known” means, for the purposes of § 50-505, that a dealer or the dealer’s agent or employee has obtained facts or information about the condition of a motor vehicle which would lead a reasonable person in similar circumstances to believe that the motor vehicle contained 1 or more material mechanical defects. The term “known” encompasses knowledge obtained through an inspection, from a previous owner, from the salesperson at an auction, or through other means.
(7) “Material mechanical defect” means any defect, failure, or malfunction of the mechanical system of a motor vehicle, including, but not limited to, the engine, transmission and drive shaft, differential, cooling system, electrical system, fuel system, or accessories, which significantly impairs the operation, safety, performance, or value of the motor vehicle.
(8) “Mayor” means the Mayor of the District of Columbia.
(9) “Motor vehicle” means a motor vehicle which is manufactured for sale, offered for sale, sold, or registered in the District and which is designed for the primary purpose of transporting a driver and 1 or more passengers on streets, roads, or highways. The term “motor vehicle” shall not include buses sold for public transportation, motorcycles, motor homes, or motorized recreational vehicles.
(10) “New motor vehicle” means a motor vehicle which is in the period of the first 18,000(eighteen thousand) miles of operation or the first 2(two) years after the date of delivery to the original purchaser, whichever is earlier.
(11) “Safety-related defect” means an impairment which reduces the operator’s ability to control the motor vehicle in normal operation or which creates a risk of fire, explosion, or other life-threatening malfunction.
(12) “Significantly impair” means to render the motor vehicle unreliable or unsafe for normal operation or to reduce its resale value below the average resale value for comparable motor vehicles.
(13) “Used motor vehicle” means a motor vehicle which is offered for sale in the District and which is not within the period of the first 18,000(eighteen thousand) miles of operation or the first 2(two) years after the date of delivery to the original purchaser, whichever is earlier; but it does not mean a motor vehicle sold only for scrap or parts.
(14) “Warranty” means the written or implied warranty of the manufacturer of a motor vehicle.
(Mar. 14, 1985, D.C. Law 5-162, § 2, 32 DCR 160; Mar. 4, 1986, D.C. Law 6-96, § 4(a), 32 DCR 7245.)
§ 50-502 Consumer’s remedy for defective vehicles
(a) If a new motor vehicle does not conform to all warranties during the first 18,000 (eighteen thousand) miles of operation or during the period of 2(two) years following the date of delivery of the motor vehicle to the original purchaser, whichever is the earlier date, the consumer shall during that period report the nonconformity, defect, or condition to the manufacturer, its agent, or its authorized dealer. If the notification is received by the manufacturer’s agent or authorized dealer, the agent or dealer shall within 7(seven) days forward written notice thereof to the manufacturer by certified mail, return receipt requested. The manufacturer, its agent, or its authorized dealer shall correct the nonconformity, defect, or condition at no charge to the consumer, notwithstanding the fact that the repairs may be made after the expiration of the first 18,000(eighteen thousand)- mile period of operation or the 2-year period.
(b) If, after a reasonable number of attempts, the manufacturer, its agent, or authorized dealer is unable to repair or correct any nonconformity, defect, or condition which results in significant impairment of the motor vehicle, the manufacturer, at the option of the consumer, shall replace the motor vehicle with a comparable motor vehicle, or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all sales tax, license fees, registration fees, and any similar governmental charges. In calculating a refund, the manufacturer may deduct from the consumer’s full purchase price a reasonable allowance not to exceed 10 cents per mile for the consumer’s use of the motor vehicle in excess of the first 12,000(twelve thousand) miles of operation, and a reasonable allowance for any damage not attributable to normal wear or to the nonconformity, defect, or condition which significantly impaired the motor vehicle. Refunds shall be made to the consumer, and the lienholder, if any, as their interests may appear on the records of ownership kept by the Department of Public Works.
(c) Each of the following circumstances shall be an affirmative defense to any claim under this section:
(1) The nonconformity, defect, or condition does not significantly impair the vehicle.
(2) The nonconformity, defect, or condition is the result of abuse, neglect,or unauthorized modifications or alterations of the motor vehicle.
(d) It shall be presumed that a reasonable number of attempts have been made to conform a motor vehicle to the warranties, if:
(1) The same nonconformity, defect, or condition, if it is not safety- related, has been subject to repair 4(four) or more times by the manufacturer, its agent, or authorized dealer after notification by the consumer within the first 18,000 miles of operation or during the period of 2(two) years following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but the nonconformity, defect, or condition continues to exist;
(2) The same nonconformity, defect, or condition, if it is safety-related, has been subject to repair 1 or more times by the manufacturer, its agents, or authorized dealers after notification by the consumer within the first 18,000(eighteen thousand) miles of operation or during the period of 2(two) years following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but the nonconformity, defect, or condition continues to exist; or
(3) The motor vehicle is out of service by reason of repair of any nonconformities, defects, or conditions which significantly impair the vehicle, on a cumulative total of 30 days or more during either period, whichever is the earlier date.
(e) The 30-day out-of-service period shall be extended by any time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
(f) The consumer, in order to seek the refund or replacement provided by this section, shall first submit a claim to the Board of Consumer Claims Arbitration established pursuant to § 50-503. If the Board rejects the case for arbitration, or if the claim is arbitrated and the consumer rejects the arbitration decision, the consumer may then bring an action in court to seek the remedies provided by this section.
(g)
(1) If a motor vehicle is returned to a manufacturer, its agent, or authorized dealer pursuant to this section, the manufacturer, its agent, or authorized dealer shall notify the Department of Public Works that the motor vehicle was returned.
(2) The Department of Public Works shall note the fact that the motor vehicle was returned pursuant to this chapter on any certificate of title issued for the motor vehicle.
(3) A motor vehicle dealer shall state the fact that the motor vehicle was returned pursuant to this chapter in any sales contract for the motor vehicle prior to the signing of the contract by a prospective purchaser.
(Mar. 14, 1985, D.C. Law 5-162, § 3, 32 DCR 160.)
§ 50-503 Arbitration
(a) There is established in the Department of Consumer and Regulatory Affairs a Board of Consumer Claims Arbitration for the District of Columbia. The Board shall consist of 7 members who shall be appointed by the Mayor.
(b) The members shall be at least 18 years of age and residents of the District.
(c) Two members shall be attorneys admitted to the practice of law in the District, 1 of whom shall be designated by the Mayor as chairperson of the Board. Two members shall have training and experience in arbitration and mediation. One member shall be the Director of the Department of Consumer and Regulatory Affairs or his or her designee. One member shall have experience or training in representing the interests of consumers. One member shall have experience or training in the manufacture or wholesale or retail sales of consumer goods.
(d) The Mayor shall appoint the initial Board members within 60 days of March 14, 1985. Of the members first appointed, the chairperson and 1 other member shall be appointed for terms of 3 years; 2 members shall be appointed for terms of 2 years; 1 member shall be appointed for a term of 2 years; and 1 member shall be appointed for a term of 1 year. Subsequent appointments shall be for terms of 3 years. This subsection shall not apply to the representative of the Department of Consumer and Regulatory Affairs.
(e) Members of the Board shall be compensated pursuant to § 1-611.08.
(f) The Mayor shall issue, and may amend from time to time, rules and regulations to implement the provisions of this section and may establish reasonable fees for the filing of complaints.
(g) The Board, in accordance with the rules and regulations issued pursuant to subsection (f) of this section, shall provide arbitration for claims filed by consumers against manufacturers, their agents, or dealers pursuant to §§ 50-502 and 50-505; for claims voluntarily filed by consumers against the provider of any consumer goods or services, who agrees to arbitration, pursuant to rules and regulations issued by the Mayor; and for claims filed pursuant to § 31- 2405 by parties agreeing to arbitration pursuant to rules and regulations issued by the Mayor.
(h) Consumers may submit claims to the Board by completing forms which shall be approved by the Mayor.
(i) Upon receipt of a written claim filed by a consumer, the Board shall within 5 business days determine whether the claim qualifies for arbitration pursuant to this chapter and notify the opposing party.
(j) The Board shall develop and maintain a roster of persons who are residents of the District, at least 18 years of age, and experienced in arbitration techniques who may be employed to serve as arbitrators for specific cases.
(k) The Board shall assign cases for arbitration according to the following provisions:
(1) A case may be assigned to a single arbitrator if the Board first informs all parties to the case of the identity and background of the arbitrator and obtains their consent. When a case is assigned to a single arbitrator, the arbitrator must be an attorney-member of the Board or another attorney admitted to the practice of law in the District and chosen from the roster of arbitrators maintained by the Board.
(2) All cases not assigned to single arbitrators shall be assigned to a panel of 3 arbitrators, 1 of whom must be a member of the Board and 1 of whom must be an attorney admitted to the practice of law in the District. Participation on the panel by an attorney-member of the Board shall satisfy both requirements. The Board shall inform all parties to the case of the identity and background of the arbitrators tentatively selected for the panel and shall obtain the consent of both parties to the choice of arbitrators. The decision of the panel shall be by majority vote.
(l) The Board is authorized to reject for arbitration consumer claims which are determined by a majority of the Board to be frivolous, fraudulent, or beyond the legal authority of the Board.
(m) The Board shall promptly assign all cases accepted for arbitration to an arbitrator or arbitrators who shall appoint a time and place for a hearing and notify the parties personally or by registered mail not less than 5 days prior to the hearing. Hearings shall be public and shall be recorded electronically.
(n) At all arbitration hearings, the parties are entitled to present oral and written testimony, to present witnesses and evidence relevant to the controversy, to cross-examine witnesses, and to be represented by counsel.
(o) The Board may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. The Board or arbitrators designated by the Board shall have the power to administer oaths and affirmations and take acknowledgements.
(p) Upon application by any party to an arbitration proceeding, or upon its own motion, an arbitrator or arbitration panel may retain independent technical experts as needed to determine the facts in the case. The arbitrator or arbitration panel may assign the costs of the technical experts to 1 or both parties to the case.
(q)
(1) The arbitrator or arbitration panel shall determine whether the defendant is liable to the claimant and, if so, shall award the claimant relief.
(2) The arbitrator or arbitration panel may award the claimant the relief provided by this chapter, any relief available under any other law, and reasonable attorneys’ fees. The defendant may be assessed the costs of arbitration as part of any award rendered by the arbitrator or arbitration panel.
(3) Decisions of an arbitrator or arbitration panel shall be in writing and shall be entered by and in the name of the Board.
(4) Decisions shall be entered no later than 60 days from the date the Board accepts a case for arbitration.
(5) The decision shall state the relief granted, if any, and shall specify a time limit for compliance.
(6) The board shall promptly provide a copy of the decision to each party.
(r) The Board or any party to a case may petition the court to issue an order compelling compliance with a decision by the Board.
(s)
(1) Any party to a case may, within 20(twenty) days after receipt of the Board’s decision, petition the court to vacate the decision and grant a trial de novo.
(2) Upon receipt of a petition, the court shall first determine the validity of the arbitration proceeding and shall vacate an arbitration award upon a finding that:
(A) The award was procured by corruption, fraud, or other misconduct in violation of law;
(B) The arbitrator or arbitration panel exceeded its powers;
(C) The arbitrator or arbitration panel failed to conform to the rules and regulations issued pursuant to this chapter, and the failure to conform prejudiced the rights of a party to the complaint; or
(D) The award is based on a numerical error or other error of fact which the Board has failed to correct.
(3) If the court determines the arbitration process was valid but grants the petition for a trial de novo on other grounds, the decision of the Board shall be admissible as evidence and shall be presumed correct.
(Mar. 14, 1985, D.C. Law 5-162, § 4, 32 DCR 160; Mar. 4, 1986, D.C. Law CREDIT 6-96, § 4(b), 32 DCR 7245; Feb. 24, 1987, D.C. Law 6-192, § 16, 33 DCR 7836; June 12, 1999, D.C. Law 12-285, § 4(h), 46 DCR 1355.)
§ 50-504 Disclosure of rights
(a) The manufacturer, its agent, or authorized dealer shall provide written notification to the prospective consumer of any motor vehicle to be sold or registered in the District of the rights provided to the consumer by this chapter.
(b) The Mayor shall issue rules and regulations prescribing the form and content of the notification required by this section.
(c) Any agreement entered into by a consumer for the purchase of a motor vehicle which waives, limits, or disclaims the rights set forth in this chapter shall be void. These rights shall inure to a subsequent transferee of the motor vehicle.
(Mar. 14, 1985, D.C. Law 5-162, § 5, 32 DCR 160.)
§ 50-505 Disclosure of damages or defects in used motor vehicles; violations; penalties
(a) No motor vehicle dealer may offer for sale any used motor vehicle without first providing:
(1) Written notice to the prospective consumer of any material mechanical defect in the motor vehicle and any damage sustained by the motor vehicle due to fire, water, collision, or other causes for which the cost of repairs exceeded $1,000, when the defect or damage was known to the dealer; and
(2) Written notice to the prospective consumer whether the dealer has conducted any inspection of the motor vehicle to determine known defects or damage.
(b) A motor vehicle dealer who fails to provide the notices required by this section or who provides false or misleading notices shall, upon conviction, be subject to the following penalties:
(1) A fine of not less than $300 or more than $1,000 for a first offense; and
(2) A fine of not less than $1,000 or more than $5,000, or suspension or revocation of the license issued pursuant to § 300 of the Vehicles and Traffic Regulations (18 DCMR 300.1 et seq.), or both, for a second or subsequent offense.
(c) The purchaser of a used motor vehicle shall have a right of action against a used motor vehicle dealer for damages or injuries sustained as a result of the dealer’s failure to comply with the requirements of this section. The purchaser, in order to seek the remedies provided by this section, shall first submit a claim to the Board. If the Board rejects the case for arbitration, or if the claim is arbitrated and the purchaser rejects the arbitration decision, the purchaser may then bring an action in court to seek the remedies provided by this section.
(d) Violations of this section shall be prosecuted in the name of the District of Columbia by the Corporation Counsel of the District of Columbia.
(e) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or the rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.
(Mar. 14, 1985, D.C. Law 5-162, § 6, 32 DCR 160; Oct. 5, 1985, D.C. Law 6-42, § 402, 32 DCR 4450.)
§ 50-506 Listing of odometer readings
The Department of Public Works shall list the odometer readings at the time of registration or transfer of registration on the title of all motor vehicles registered in the District.
(Mar. 14, 1985, D.C. Law 5-162, § 8, 32 DCR 160.)
§ 50-507 Other rights or remedies; limitations on actions
(a) Nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
(b) Any action brought pursuant to this chapter shall be commenced within 4 years of the date of original delivery of the motor vehicle to the consumer.
(Mar. 14, 1985, D.C. Law 5-162, § 9(b), (c), 32 DCR 160.)
§ 50-508 Rules and regulations
The Mayor shall issue, and may amend from time to time, rules and regulations to implement the provisions of this chapter.
(Mar. 14, 1985, D.C. Law 5-162, § 10, 32 DCR 160.)
§ 50-509 Provision for alternative arbitration system
If the arbitration system established pursuant to § 50-503 cannot consistently handle complaints during the 60-day period as required by § 50-503(q)(4), and if the administration of the arbitration system results in expenditures beyond the sums budgeted annually for the program, the Mayor may certify an alternative arbitration system that complies with this chapter and rules issued to implement this chapter.
(Mar. 14, 1985, D.C. Law 5-162, § 11, 32 DCR 160.)
§ 50-510 Suspension of enforcement
Notwithstanding any other provision of District law, enforcement of this chapter by the Department of Consumer and Regulatory Affairs is suspended until October 1, 2000.
§ 50-501 Definitions
For the purposes of this chapter, the term:
(1) “Board” means the Board of Consumer Claims Arbitration for the District of Columbia established by § 50-503.
(2) “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle; any person to whom the motor vehicle is leased or otherwise transferred during the duration of a warranty applicable to the motor vehicle; and any other person entitled to enforce the obligations of the warranty. For the purposes of § 50-503, the term “consumer” means any natural person who does or would purchase, lease, or receive consumer goods or services. The term “consumer” includes any natural person who purchases insurance coverage in the District of Columbia.
(3) “Council” means the Council of the District of Columbia.
(4) “Court” means the Superior Court of the District of Columbia.
(5) “District” means the District of Columbia.
(6) “Known” means, for the purposes of § 50-505, that a dealer or the dealer’s agent or employee has obtained facts or information about the condition of a motor vehicle which would lead a reasonable person in similar circumstances to believe that the motor vehicle contained 1 or more material mechanical defects. The term “known” encompasses knowledge obtained through an inspection, from a previous owner, from the salesperson at an auction, or through other means.
(7) “Material mechanical defect” means any defect, failure, or malfunction of the mechanical system of a motor vehicle, including, but not limited to, the engine, transmission and drive shaft, differential, cooling system, electrical system, fuel system, or accessories, which significantly impairs the operation, safety, performance, or value of the motor vehicle.
(8) “Mayor” means the Mayor of the District of Columbia.
(9) “Motor vehicle” means a motor vehicle which is manufactured for sale, offered for sale, sold, or registered in the District and which is designed for the primary purpose of transporting a driver and 1 or more passengers on streets, roads, or highways. The term “motor vehicle” shall not include buses sold for public transportation, motorcycles, motor homes, or motorized recreational vehicles.
(10) “New motor vehicle” means a motor vehicle which is in the period of the first 18,000(eighteen thousand) miles of operation or the first 2(two) years after the date of delivery to the original purchaser, whichever is earlier.
(11) “Safety-related defect” means an impairment which reduces the operator’s ability to control the motor vehicle in normal operation or which creates a risk of fire, explosion, or other life-threatening malfunction.
(12) “Significantly impair” means to render the motor vehicle unreliable or unsafe for normal operation or to reduce its resale value below the average resale value for comparable motor vehicles.
(13) “Used motor vehicle” means a motor vehicle which is offered for sale in the District and which is not within the period of the first 18,000(eighteen thousand) miles of operation or the first 2(two) years after the date of delivery to the original purchaser, whichever is earlier; but it does not mean a motor vehicle sold only for scrap or parts.
(14) “Warranty” means the written or implied warranty of the manufacturer of a motor vehicle.
(Mar. 14, 1985, D.C. Law 5-162, § 2, 32 DCR 160; Mar. 4, 1986, D.C. Law 6-96, § 4(a), 32 DCR 7245.)
§ 50-502 Consumer’s remedy for defective vehicles
(a) If a new motor vehicle does not conform to all warranties during the first 18,000 (eighteen thousand) miles of operation or during the period of 2(two) years following the date of delivery of the motor vehicle to the original purchaser, whichever is the earlier date, the consumer shall during that period report the nonconformity, defect, or condition to the manufacturer, its agent, or its authorized dealer. If the notification is received by the manufacturer’s agent or authorized dealer, the agent or dealer shall within 7(seven) days forward written notice thereof to the manufacturer by certified mail, return receipt requested. The manufacturer, its agent, or its authorized dealer shall correct the nonconformity, defect, or condition at no charge to the consumer, notwithstanding the fact that the repairs may be made after the expiration of the first 18,000(eighteen thousand)- mile period of operation or the 2-year period.
(b) If, after a reasonable number of attempts, the manufacturer, its agent, or authorized dealer is unable to repair or correct any nonconformity, defect, or condition which results in significant impairment of the motor vehicle, the manufacturer, at the option of the consumer, shall replace the motor vehicle with a comparable motor vehicle, or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all sales tax, license fees, registration fees, and any similar governmental charges. In calculating a refund, the manufacturer may deduct from the consumer’s full purchase price a reasonable allowance not to exceed 10 cents per mile for the consumer’s use of the motor vehicle in excess of the first 12,000(twelve thousand) miles of operation, and a reasonable allowance for any damage not attributable to normal wear or to the nonconformity, defect, or condition which significantly impaired the motor vehicle. Refunds shall be made to the consumer, and the lienholder, if any, as their interests may appear on the records of ownership kept by the Department of Public Works.
(c) Each of the following circumstances shall be an affirmative defense to any claim under this section:
(1) The nonconformity, defect, or condition does not significantly impair the vehicle.
(2) The nonconformity, defect, or condition is the result of abuse, neglect,or unauthorized modifications or alterations of the motor vehicle.
(d) It shall be presumed that a reasonable number of attempts have been made to conform a motor vehicle to the warranties, if:
(1) The same nonconformity, defect, or condition, if it is not safety- related, has been subject to repair 4(four) or more times by the manufacturer, its agent, or authorized dealer after notification by the consumer within the first 18,000 miles of operation or during the period of 2(two) years following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but the nonconformity, defect, or condition continues to exist;
(2) The same nonconformity, defect, or condition, if it is safety-related, has been subject to repair 1 or more times by the manufacturer, its agents, or authorized dealers after notification by the consumer within the first 18,000(eighteen thousand) miles of operation or during the period of 2(two) years following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but the nonconformity, defect, or condition continues to exist; or
(3) The motor vehicle is out of service by reason of repair of any nonconformities, defects, or conditions which significantly impair the vehicle, on a cumulative total of 30 days or more during either period, whichever is the earlier date.
(e) The 30-day out-of-service period shall be extended by any time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
(f) The consumer, in order to seek the refund or replacement provided by this section, shall first submit a claim to the Board of Consumer Claims Arbitration established pursuant to § 50-503. If the Board rejects the case for arbitration, or if the claim is arbitrated and the consumer rejects the arbitration decision, the consumer may then bring an action in court to seek the remedies provided by this section.
(g)
(1) If a motor vehicle is returned to a manufacturer, its agent, or authorized dealer pursuant to this section, the manufacturer, its agent, or authorized dealer shall notify the Department of Public Works that the motor vehicle was returned.
(2) The Department of Public Works shall note the fact that the motor vehicle was returned pursuant to this chapter on any certificate of title issued for the motor vehicle.
(3) A motor vehicle dealer shall state the fact that the motor vehicle was returned pursuant to this chapter in any sales contract for the motor vehicle prior to the signing of the contract by a prospective purchaser.
(Mar. 14, 1985, D.C. Law 5-162, § 3, 32 DCR 160.)
§ 50-503 Arbitration
(a) There is established in the Department of Consumer and Regulatory Affairs a Board of Consumer Claims Arbitration for the District of Columbia. The Board shall consist of 7 members who shall be appointed by the Mayor.
(b) The members shall be at least 18 years of age and residents of the District.
(c) Two members shall be attorneys admitted to the practice of law in the District, 1 of whom shall be designated by the Mayor as chairperson of the Board. Two members shall have training and experience in arbitration and mediation. One member shall be the Director of the Department of Consumer and Regulatory Affairs or his or her designee. One member shall have experience or training in representing the interests of consumers. One member shall have experience or training in the manufacture or wholesale or retail sales of consumer goods.
(d) The Mayor shall appoint the initial Board members within 60 days of March 14, 1985. Of the members first appointed, the chairperson and 1 other member shall be appointed for terms of 3 years; 2 members shall be appointed for terms of 2 years; 1 member shall be appointed for a term of 2 years; and 1 member shall be appointed for a term of 1 year. Subsequent appointments shall be for terms of 3 years. This subsection shall not apply to the representative of the Department of Consumer and Regulatory Affairs.
(e) Members of the Board shall be compensated pursuant to § 1-611.08.
(f) The Mayor shall issue, and may amend from time to time, rules and regulations to implement the provisions of this section and may establish reasonable fees for the filing of complaints.
(g) The Board, in accordance with the rules and regulations issued pursuant to subsection (f) of this section, shall provide arbitration for claims filed by consumers against manufacturers, their agents, or dealers pursuant to §§ 50-502 and 50-505; for claims voluntarily filed by consumers against the provider of any consumer goods or services, who agrees to arbitration, pursuant to rules and regulations issued by the Mayor; and for claims filed pursuant to § 31- 2405 by parties agreeing to arbitration pursuant to rules and regulations issued by the Mayor.
(h) Consumers may submit claims to the Board by completing forms which shall be approved by the Mayor.
(i) Upon receipt of a written claim filed by a consumer, the Board shall within 5 business days determine whether the claim qualifies for arbitration pursuant to this chapter and notify the opposing party.
(j) The Board shall develop and maintain a roster of persons who are residents of the District, at least 18 years of age, and experienced in arbitration techniques who may be employed to serve as arbitrators for specific cases.
(k) The Board shall assign cases for arbitration according to the following provisions:
(1) A case may be assigned to a single arbitrator if the Board first informs all parties to the case of the identity and background of the arbitrator and obtains their consent. When a case is assigned to a single arbitrator, the arbitrator must be an attorney-member of the Board or another attorney admitted to the practice of law in the District and chosen from the roster of arbitrators maintained by the Board.
(2) All cases not assigned to single arbitrators shall be assigned to a panel of 3 arbitrators, 1 of whom must be a member of the Board and 1 of whom must be an attorney admitted to the practice of law in the District. Participation on the panel by an attorney-member of the Board shall satisfy both requirements. The Board shall inform all parties to the case of the identity and background of the arbitrators tentatively selected for the panel and shall obtain the consent of both parties to the choice of arbitrators. The decision of the panel shall be by majority vote.
(l) The Board is authorized to reject for arbitration consumer claims which are determined by a majority of the Board to be frivolous, fraudulent, or beyond the legal authority of the Board.
(m) The Board shall promptly assign all cases accepted for arbitration to an arbitrator or arbitrators who shall appoint a time and place for a hearing and notify the parties personally or by registered mail not less than 5 days prior to the hearing. Hearings shall be public and shall be recorded electronically.
(n) At all arbitration hearings, the parties are entitled to present oral and written testimony, to present witnesses and evidence relevant to the controversy, to cross-examine witnesses, and to be represented by counsel.
(o) The Board may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. The Board or arbitrators designated by the Board shall have the power to administer oaths and affirmations and take acknowledgements.
(p) Upon application by any party to an arbitration proceeding, or upon its own motion, an arbitrator or arbitration panel may retain independent technical experts as needed to determine the facts in the case. The arbitrator or arbitration panel may assign the costs of the technical experts to 1 or both parties to the case.
(q)
(1) The arbitrator or arbitration panel shall determine whether the defendant is liable to the claimant and, if so, shall award the claimant relief.
(2) The arbitrator or arbitration panel may award the claimant the relief provided by this chapter, any relief available under any other law, and reasonable attorneys’ fees. The defendant may be assessed the costs of arbitration as part of any award rendered by the arbitrator or arbitration panel.
(3) Decisions of an arbitrator or arbitration panel shall be in writing and shall be entered by and in the name of the Board.
(4) Decisions shall be entered no later than 60 days from the date the Board accepts a case for arbitration.
(5) The decision shall state the relief granted, if any, and shall specify a time limit for compliance.
(6) The board shall promptly provide a copy of the decision to each party.
(r) The Board or any party to a case may petition the court to issue an order compelling compliance with a decision by the Board.
(s)
(1) Any party to a case may, within 20(twenty) days after receipt of the Board’s decision, petition the court to vacate the decision and grant a trial de novo.
(2) Upon receipt of a petition, the court shall first determine the validity of the arbitration proceeding and shall vacate an arbitration award upon a finding that:
(A) The award was procured by corruption, fraud, or other misconduct in violation of law;
(B) The arbitrator or arbitration panel exceeded its powers;
(C) The arbitrator or arbitration panel failed to conform to the rules and regulations issued pursuant to this chapter, and the failure to conform prejudiced the rights of a party to the complaint; or
(D) The award is based on a numerical error or other error of fact which the Board has failed to correct.
(3) If the court determines the arbitration process was valid but grants the petition for a trial de novo on other grounds, the decision of the Board shall be admissible as evidence and shall be presumed correct.
(Mar. 14, 1985, D.C. Law 5-162, § 4, 32 DCR 160; Mar. 4, 1986, D.C. Law CREDIT 6-96, § 4(b), 32 DCR 7245; Feb. 24, 1987, D.C. Law 6-192, § 16, 33 DCR 7836; June 12, 1999, D.C. Law 12-285, § 4(h), 46 DCR 1355.)
§ 50-504 Disclosure of rights
(a) The manufacturer, its agent, or authorized dealer shall provide written notification to the prospective consumer of any motor vehicle to be sold or registered in the District of the rights provided to the consumer by this chapter.
(b) The Mayor shall issue rules and regulations prescribing the form and content of the notification required by this section.
(c) Any agreement entered into by a consumer for the purchase of a motor vehicle which waives, limits, or disclaims the rights set forth in this chapter shall be void. These rights shall inure to a subsequent transferee of the motor vehicle.
(Mar. 14, 1985, D.C. Law 5-162, § 5, 32 DCR 160.)
§ 50-505 Disclosure of damages or defects in used motor vehicles; violations; penalties
(a) No motor vehicle dealer may offer for sale any used motor vehicle without first providing:
(1) Written notice to the prospective consumer of any material mechanical defect in the motor vehicle and any damage sustained by the motor vehicle due to fire, water, collision, or other causes for which the cost of repairs exceeded $1,000, when the defect or damage was known to the dealer; and
(2) Written notice to the prospective consumer whether the dealer has conducted any inspection of the motor vehicle to determine known defects or damage.
(b) A motor vehicle dealer who fails to provide the notices required by this section or who provides false or misleading notices shall, upon conviction, be subject to the following penalties:
(1) A fine of not less than $300 or more than $1,000 for a first offense; and
(2) A fine of not less than $1,000 or more than $5,000, or suspension or revocation of the license issued pursuant to § 300 of the Vehicles and Traffic Regulations (18 DCMR 300.1 et seq.), or both, for a second or subsequent offense.
(c) The purchaser of a used motor vehicle shall have a right of action against a used motor vehicle dealer for damages or injuries sustained as a result of the dealer’s failure to comply with the requirements of this section. The purchaser, in order to seek the remedies provided by this section, shall first submit a claim to the Board. If the Board rejects the case for arbitration, or if the claim is arbitrated and the purchaser rejects the arbitration decision, the purchaser may then bring an action in court to seek the remedies provided by this section.
(d) Violations of this section shall be prosecuted in the name of the District of Columbia by the Corporation Counsel of the District of Columbia.
(e) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or the rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.
(Mar. 14, 1985, D.C. Law 5-162, § 6, 32 DCR 160; Oct. 5, 1985, D.C. Law 6-42, § 402, 32 DCR 4450.)
§ 50-506 Listing of odometer readings
The Department of Public Works shall list the odometer readings at the time of registration or transfer of registration on the title of all motor vehicles registered in the District.
(Mar. 14, 1985, D.C. Law 5-162, § 8, 32 DCR 160.)
§ 50-507 Other rights or remedies; limitations on actions
(a) Nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
(b) Any action brought pursuant to this chapter shall be commenced within 4 years of the date of original delivery of the motor vehicle to the consumer.
(Mar. 14, 1985, D.C. Law 5-162, § 9(b), (c), 32 DCR 160.)
§ 50-508 Rules and regulations
The Mayor shall issue, and may amend from time to time, rules and regulations to implement the provisions of this chapter.
(Mar. 14, 1985, D.C. Law 5-162, § 10, 32 DCR 160.)
§ 50-509 Provision for alternative arbitration system
If the arbitration system established pursuant to § 50-503 cannot consistently handle complaints during the 60-day period as required by § 50-503(q)(4), and if the administration of the arbitration system results in expenditures beyond the sums budgeted annually for the program, the Mayor may certify an alternative arbitration system that complies with this chapter and rules issued to implement this chapter.
(Mar. 14, 1985, D.C. Law 5-162, § 11, 32 DCR 160.)
§ 50-510 Suspension of enforcement
Notwithstanding any other provision of District law, enforcement of this chapter by the Department of Consumer and Regulatory Affairs is suspended until October 1, 2000.
Washington Lemon Law
Washington Lemon Law RCW 19.118.005 Legislative intent.
The legislature recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer. The legislature further recognizes that good cooperation and communication between a manufacturer and a new motor vehicle dealer will considerably increase the likelihood that a new motor vehicle will be repaired within a reasonable number of attempts. It is the intent of the legislature to ensure that the consumer is made aware of his or her rights under this chapter and is not refused information, documents, or service that would otherwise obstruct the exercise of his or her rights.
In enacting these comprehensive measures, it is the intent of the legislature to create the proper blend of private and public remedies necessary to enforce this chapter, such that a manufacturer will be sufficiently induced to take necessary steps to improve quality control at the time of production or provide better warranty service for the new motor vehicles that it sells in this state.
Washington Lemon Law RCW 19.118.010 Motor vehicle manufacturers.
Express warranties; Service and repair facilities.
Every manufacturer of motor vehicles sold in this state and for which the manufacturer has made an express warranty shall maintain in this state sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties. As a means of complying with this section, a manufacturer may enter into warranty service contracts with independent service and repair facilities.
Washington Lemon Law RCW 19.118.021 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) “Board” means new motor vehicle arbitration board.
(2) “Collateral charges” means any sales or lease related charges including but not limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment penalties, credit disability and credit life insurance costs not otherwise refundable, any other insurance costs prorated for time out of service, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rust proofing, or factory or dealer installed options.
(3) “Condition” means a general problem that results from a defect or malfunction of one or more parts, or their improper installation by the manufacturer, its agents, or the new motor vehicle dealer.
(4) “Consumer” means any person who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle, other than for purposes of resale or sublease, during the duration of the warranty period defined under this section.
(5) “Court” means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing or determination was conducted or made pursuant to this chapter.
(6) “Incidental costs” means any reasonable expenses incurred by the consumer in connection with the repair of the new motor vehicle, including any towing charges and the costs of obtaining alternative transportation.
(7) “Manufacturer” means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers. “Manufacturer” does not include any person engaged in the business of set-up of motorcycles as an agent of a new motor vehicle dealer if the person does not otherwise construct or assemble motorcycles.
(8) “Motorcycle” means any motorcycle as defined in RCW 46.04.330 which has an engine displacement of at least seven hundred fifty cubic centimeters.
(9) “Motor home” means a vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
(10) “Motor home manufacturer” means the first stage manufacturer, the component manufacturer, and the final stage manufacturer.
(a) “First stage manufacturer” means a person who manufactures incomplete new motor vehicles such as chassis, chassis cabs, or vans, that are directly warranted by the first stage manufacturer to the consumer, and are completed by a final stage manufacturer into a motor home.
(b) “Component manufacturer” means a person who manufactures components used in the manufacture or assembly of a chassis, chassis cab, or van that is completed into a motor home and whose components are directly warranted by the component manufacturer to the consumer.
(c) “Final stage manufacturer” means a person who assembles, installs, or permanently affixes a body, cab, or equipment to an incomplete new motor vehicle such as a chassis, chassis cab, or van provided by a first stage manufacturer, to complete the vehicle into a motor home.
(11) “New motor vehicle” means any new self-propelled vehicle, including a new motorcycle, primarily designed for the transportation of persons or property over the public highways that was originally purchased or leased at retail from a new motor vehicle dealer or leasing company in this state, and that was initially registered in this state or for which a temporary motor vehicle license was issued pursuant to RCW 46.16.460, but does not include vehicles purchased or leased by a business as part of a fleet of ten or more vehicles at one time or under a single purchase or lease agreement. If the motor vehicle is a motor home, this chapter shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space. The term “new motor vehicle” does not include trucks with nineteen thousand pounds or more gross vehicle weight rating. The term “new motor vehicle” includes a demonstrator or lease-purchase vehicle as long as a manufacturer’s warranty was issued as a condition of sale.
(12) “New motor vehicle dealer” means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, or dealing in new motor vehicles, and who is licensed or required to be licensed as a vehicle dealer by the state of Washington.
(13) “Nonconformity” means a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle, but does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.
(14) “Purchase price” means the cash price of the new motor vehicle appearing in the sales agreement or contract.
(a) “Purchase price” in the instance of a lease means the actual written capitalized cost disclosed to the consumer contained in the lease agreement. If there is no disclosed capitalized cost in the lease agreement the “purchase price” is the manufacturer’s suggested retail price including manufacturer installed accessories or items of optional equipment displayed on the manufacturer label, required by 15 U.S.C. Sec. 1232.
(b) “Purchase price” in the instance of both a vehicle purchase or lease agreement includes any allowance for a trade-in vehicle but does not include any manufacturer-to-consumer rebate appearing in the agreement or contract that the consumer received or that was applied to reduce the purchase or lease cost. Where the consumer is a subsequent transferee and the consumer selects repurchase of the motor vehicle, “purchase price” means the consumer’s subsequent purchase price. Where the consumer is a subsequent transferee and the consumer selects replacement of the motor vehicle, “purchase price” means the original purchase price.
(15) “Reasonable offset for use” means the definition provided in RCW 19.118.041(1)(c) for a new motor vehicle other than a new motorcycle. The reasonable offset for use for a new motorcycle shall be computed by the number of miles that the vehicle traveled before the manufacturer’s acceptance of the vehicle upon repurchase or replacement multiplied by the purchase price, and divided by twenty-five thousand.
(16) “Reasonable number of attempts” means the definition provided in RCW 19.118.041.
(17) “Replacement motor vehicle” means a new motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options.
(18) “Serious safety defect” means a life-threatening malfunction or nonconformity that impedes the consumer’s ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.
(19) “Subsequent transferee” means a consumer who acquires a motor vehicle, within the warranty period, as defined in this section, with an applicable manufacturer’s written warranty and where the vehicle otherwise met the definition of a new motor vehicle at the time of original retail sale or lease.
(20) “Substantially impair” means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle below the average resale value for comparable motor vehicles.
(21) “Warranty” means any implied warranty, any written warranty of the manufacturer, or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle that becomes part of the basis of the bargain. The term “warranty” pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a new motor vehicle for ordinary use or reasonably intended purposes throughout the duration of the warranty period as defined under this section.
(22) “Warranty period” means the period ending two years after the date of the original delivery to the consumer of a new motor vehicle, or the first twenty-four thousand miles of operation, whichever occurs first.
Washington Lemon Law RCW 19.118.031 Manufacturers and new motor vehicle dealers.
Responsibilities to consumers; Extension of warranty period.
(1) The manufacturer shall publish an owner’s manual and provide it to the new motor vehicle dealer or leasing company. The owner’s manual shall include a list of the addresses and phone numbers for the manufacturer’s customer assistance division, or zone or regional offices. A manufacturer shall provide to the new motor vehicle dealer or leasing company all applicable manufacturer’s written warranties. The dealer or leasing company shall transfer to the consumer, at the time of original retail sale or lease, the owner’s manual and applicable written warranties as provided by a manufacturer.
(2) At the time of purchase, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer’s rights under this chapter. The written statement shall be prepared and supplied by the attorney general and shall contain a toll-free number that the consumer can contact for information regarding the procedures and remedies under this chapter.
(3) For the purposes of this chapter, if a new motor vehicle does not conform to the warranty and the consumer reports the nonconformity during the term of the warranty period or the period of coverage of the applicable manufacturer’s written warranty, whichever is less, to the manufacturer, its agent, or the new motor vehicle dealer who sold the new motor vehicle, the manufacturer, its agent, or the new motor vehicle dealer shall make repairs as are necessary to conform the vehicle to the warranty, regardless of whether such repairs are made after the expiration of the warranty period. Any corrections or attempted repairs undertaken by a new motor vehicle dealer under this chapter shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under the manufacturer’s written warranty is billed. For purposes of this subsection, the manufacturer’s written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
(4) Upon request from the consumer, the manufacturer or new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer’s field or zone representative regarding inspection, diagnosis, or test-drive of the consumer’s new motor vehicle, or shall provide a copy of any technical service bulletin issued by the manufacturer regarding the year and model of the consumer’s new motor vehicle as it pertains to any material, feature, component, or the performance thereof.
(5) The new motor vehicle dealer shall provide to the consumer each time the consumer’s vehicle is returned from being diagnosed or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle including but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer.
(6) No manufacturer, its agent, or the new motor vehicle dealer may refuse to diagnose or repair any nonconformity covered by the warranty for the purpose of avoiding liability under this chapter.
(7) For purposes of this chapter, consumers shall have the rights and remedies, including a cause of action, against manufacturers as provided in this chapter.
(8) The warranty period and thirty-day out-of-service period, and sixty-day out-of-service period in the case of a motor home, shall be extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood, or other natural disaster.
Washington Lemon Law RCW 19.118.041 Replacement or repurchase of nonconforming new motor vehicle.
Reasonable number of attempts; Notice by consumer regarding motor home nonconformity; Liabilities and rights of parties; Application of consumer protection act.
(1) If the manufacturer, its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within forty calendar days of a consumer’s written request to the manufacturer’s corporate, dispute resolution, zone, or regional office address shall, at the option of the consumer, replace or repurchase the new motor vehicle.
(a) The replacement motor vehicle shall be identical or reasonably equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rust proofing, and factory or dealer installed options. Where the manufacturer supplies a replacement motor vehicle, the manufacturer shall be responsible for sales tax, license, registration fees, and refund of any incidental costs. Compensation for a reasonable offset for use shall be paid by the consumer to the manufacturer in the event that the consumer accepts a replacement motor vehicle.
(b) When repurchasing the new motor vehicle, the manufacturer shall refund to the consumer the purchase price, all collateral charges, and incidental costs, less a reasonable offset for use. When repurchasing the new motor vehicle, in the instance of a lease, the manufacturer shall refund to the consumer all payments made by the consumer under the lease including but not limited to all lease payments, trade-in value or inception payment, security deposit, all collateral charges and incidental costs less a reasonable offset for use. The manufacturer shall make such payment to the lessor and/or lien holder of record as necessary to obtain clear title to the motor vehicle and upon the lessor’s and/or lien holder’s receipt of that payment and payment by the consumer of any late payment charges, the consumer shall be relieved of any future obligation to the lessor and/or lien holder.
(c) The reasonable offset for use shall be computed by multiplying the number of miles that the vehicle traveled directly attributable to use by the consumer times the purchase price, and dividing the product by one hundred twenty thousand, except in the case of a motor home, in which event it shall be divided by ninety thousand. However, the reasonable offset for use calculation total for a motor home is subject to modification by the board by decreasing or increasing the offset total up to a maximum of one- third of the offset total. The board may modify the offset total in those circumstances where the board determines that the wear and tear on those portions of the motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space are significantly greater or significantly less than that which could be reasonably expected based on the mileage attributable to the consumer’s use of the motor home. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the consumer selects repurchase of the motor vehicle, “the number of miles that the vehicle traveled” shall be calculated from the date of purchase or lease by the consumer. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the consumer selects replacement of the motor vehicle, “the number of miles that the vehicle traveled” shall be calculated from the original purchase, lease, or in-service date.
(2) Reasonable number of attempts, except in the case of a new motor vehicle that is a motor home acquired after June 30, 1998, shall be deemed to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer to conform the new motor vehicle to the warranty within the warranty period, if:
(a) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the serious safety defect continues to exist;
(b) the same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the nonconformity continues to exist; or
(c) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of thirty calendar days, at least fifteen of them during the period of the applicable manufacturer’s written warranty. For purposes of this subsection, the manufacturer’s written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
(3)
(a) In the case of a new motor vehicle that is a motor home acquired after June 30, 1998, a reasonable number of attempts shall be deemed to have been undertaken by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers to conform the new motor vehicle to the warranty within the warranty period, if:
(i) The same serious safety defect has been subject to diagnosis or repair one or more times during the period of coverage of the applicable motor home manufacturer’s written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the serious safety defect continues to exist;
(ii) the same nonconformity has been subject to repair three or more times, at least one of which is during the period of coverage of the applicable motor home manufacturer’s written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the nonconformity continues to exist; or
(iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of sixty calendar days aggregating all motor home manufacturer days out of service, and the motor home manufacturers have had at least one opportunity to coordinate and complete an inspection and any repairs of the vehicle’s nonconformities after receipt of notification from the consumer as provided for in (c) of this subsection. For purposes of this subsection, each motor home manufacturer’s written warranty must be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
(b) In the case of a new motor vehicle that is a motor home, after one attempt has been made to repair a serious safety defect, or after three attempts have been made to repair the same nonconformity, the consumer shall give written notification of the need to repair the nonconformity to each of the motor home manufacturers at their respective corporate, zone, or regional office addresses to allow the motor home manufacturers to coordinate and complete a final attempt to cure the nonconformity. The motor home manufacturers each have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. The motor home manufacturers have a cumulative total of thirty days, commencing upon delivery of the vehicle to the designated repair facility by the consumer, to conform the vehicle to the applicable motor home manufacturer’s written warranty. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to a final attempt to cure the nonconformity.
(c) In the case of a new motor vehicle that is a motor home, if the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers for a cumulative total of thirty or more days aggregating all motor home manufacturer days out of service, the consumer shall so notify each motor home manufacturer in writing at their respective corporate, zone, or regional office addresses to allow the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers an opportunity to coordinate and complete an inspection and any repairs of the vehicle’s nonconformities. The motor home manufacturers have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. Once the buyer delivers the vehicle to the designated repair facility, the inspection and repairs must be completed by the motor home manufacturers either
(i) within ten days or
(ii) before the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for sixty days, whichever time period is longer.
This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to at least one opportunity to inspect and repair the vehicle’s nonconformities after receipt of notification from the buyer as provided for in this subsection (3)(c).
(4) No new motor vehicle dealer may be held liable by the manufacturer for any collateral charges, incidental costs, purchase price refunds, or vehicle replacements. Manufacturers shall not have a cause of action against dealers under this chapter. Consumers shall not have a cause of action against dealers under this chapter, but a violation of any responsibilities imposed upon dealers under this chapter is a per se violation of chapter 19.86 RCW. Consumers may pursue rights and remedies against dealers under any other law, including chapters 46.70 and 46.71 RCW. Manufacturers and consumers may not make dealers parties to arbitration board proceedings under this chapter.
Washington Lemon Law RCW 19.118.061 Vehicle with nonconformities or out of service.
Notification of correction; Resale or transfer of title; Issuance of new title; Disclosure to buyer; Intervening transferor.
(1) A manufacturer shall be prohibited from reselling any motor vehicle determined or adjudicated as having a serious safety defect unless the serious safety defect has been corrected and the manufacturer warrants upon the first subsequent resale that the defect has been corrected.
(2) Before any sale or transfer of a vehicle that has been replaced or repurchased by the manufacturer that was determined or adjudicated as having a nonconformity or to have been out of service for thirty or more calendar days, or sixty or more calendar days in the case of a motor home, under this chapter, the manufacturer shall:
(a) Notify the attorney general and the department of licensing, by certified mail or by personal service, upon receipt of the motor vehicle;
(b) Attach a resale disclosure notice to the vehicle in a manner and form to be specified by the attorney general. Only the retail purchaser may remove the resale disclosure notice after execution of the disclosure form required under subsection (3) of this section; and
(c) Notify the attorney general and the department of licensing if the nonconformity in the motor vehicle is corrected.
(3) Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle and which was previously returned after a final determination, adjudication, or settlement under this chapter or under a similar statute of any other state, the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of said final determination, adjudication or settlement, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity in a manner to be specified by the attorney general, and the department of licensing shall place on the certificate of title information indicating the vehicle was returned under this chapter.
(4) Upon receipt of the manufacturer’s notification under subsection (2) of this section that the nonconformity has been corrected and upon the manufacturer’s request and payment of any fees, the department of licensing shall issue a new title with information indicating the vehicle was returned under this chapter and that the nonconformity has been corrected. Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle, as provided under subsection (2)(c) of this section, the manufacturer shall warrant upon the resale that the nonconformity has been corrected, and the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of the corrected nonconformity, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity and indicating that it has been corrected in a manner to be specified by the attorney general.
(5) After repurchase or replacement and following a manufacturer’s receipt of a vehicle under this section and prior to a vehicle’s first subsequent retail transfer by resale or lease, any intervening transferor of a vehicle subject to the requirements of this section who has received the disclosure, correction and warranty documents, as specified by the attorney general and required under this chapter, shall deliver the documents with the vehicle to the next transferor, purchaser or lessee to ensure proper and timely notice and disclosure. Any intervening transferor who fails to comply with this subsection shall, at the option of the subsequent transferor or first subsequent retail purchaser or lessee:
(a) Indemnify any subsequent transferor or first subsequent retail purchaser for all damages caused by such violation; or
(b) repurchase the vehicle at the full purchase price including all fees, taxes and costs incurred for goods and services which were included in the subsequent transaction.
Washington Lemon Law RCW 19.118.070 Remedies.
The remedies provided under this chapter are cumulative and are in addition to any other remedies provided by law.
Washington Lemon Law RCW 19.118.080 New motor vehicle arbitration boards.
Board proceedings; Prerequisite to filing action in superior court.
(1) Except as provided in RCW 19.118.160, the attorney general shall contract with one or more private entities to conduct arbitration proceedings in order to settle disputes between consumers and manufacturers as provided in this chapter, and each private entity shall constitute a new motor vehicle arbitration board for purposes of this chapter. The entities shall not be affiliated with any manufacturer or new motor vehicle dealer and shall have available the services of persons with automotive technical expertise to assist in resolving disputes under this chapter. No private entity or its officers or employees conducting board proceedings and no arbitrator presiding at such proceedings shall be directly involved in the manufacture, distribution, sale, or warranty service of any motor vehicle. Payment to the entities for the arbitration services shall be made from the new motor vehicle arbitration account.
(2) The attorney general shall adopt rules for the uniform conduct of the arbitrations by the boards whether conducted by a private entity or by the attorney general pursuant to RCW 19.118.160, which rules shall include but not be limited to the following procedures:
(a) At all arbitration proceedings, the parties are entitled to present oral and written testimony, to present witnesses and evidence relevant to the dispute, to cross-examine witnesses, and to be represented by counsel.
(b) A dealer, manufacturer, or other persons shall produce records and documents requested by a party which are reasonably related to the dispute. If a dealer, manufacturer, or other person refuses to comply with such a request, a party may present a request to the board for the attorney general to issue a subpoena on behalf of the board.
The subpoena shall be issued only for the production of records and documents which the board has determined are reasonably related to the dispute, including but not limited to documents described in RCW 19.118.031 (4) or (5).
If a party fails to comply with the subpoena, the arbitrator may at the outset of the arbitration hearing impose any of the following sanctions:
(i) Find that the matters which were the subject of the subpoena, or any other designated facts, shall be taken to be established for purposes of the hearing in accordance with the claim of the party which requested the subpoena;
(ii) refuse to allow the disobedient party to support or oppose the designated claims or defenses, or prohibit that party from introducing designated matters into evidence;
(iii) strike claims or defenses, or parts thereof; or
(iv) render a decision by default against the disobedient party.
If a nonparty fails to comply with a subpoena and upon an arbitrator finding that without such compliance there is insufficient evidence to render a decision in the dispute, the attorney general shall enforce such subpoena in superior court and the arbitrator shall continue the arbitration hearing until such time as the nonparty complies with the subpoena or the subpoena is quashed.
(c) A party may obtain written affidavits from employees and agents of a dealer, a manufacturer or other party, or from other potential witnesses, and may submit such affidavits for consideration by the board.
(d) Records of the board proceedings shall be open to the public. The hearings shall be open to the public to the extent practicable.
(e) Where the board proceedings are conducted by one or more private entities, a single arbitrator may be designated to preside at such proceedings.
(3) A consumer shall exhaust the new motor vehicle arbitration board remedy or informal dispute resolution settlement procedure under RCW 19.118.150 before filing any superior court action.
(4) The attorney general shall maintain records of each dispute submitted to the new motor vehicle arbitration board, including an index of new motor vehicles by year, make, and model.
(5) The attorney general shall compile aggregate annual statistics for all disputes submitted to, and decided by, the new motor vehicle arbitration board, as well as annual statistics for each manufacturer that include, but shall not be limited to, the number and percent of:
(a) Replacement motor vehicle requests;
(b) purchase price refund requests;
(c) replacement motor vehicles obtained in prehearing settlements;
(d) purchase price refunds obtained in prehearing settlements;
(e) replacement motor vehicles awarded in arbitration;
(f) purchase price refunds awarded in arbitration;
(g) board decisions neither complied with during the forty calendar day period nor petitioned for appeal within the thirty calendar day period;
(h) board decisions appealed categorized by consumer or manufacturer;
(i) the nature of the court decisions and who the prevailing party was;
(j) appeals that were held by the court to be brought without good cause; and
(k) appeals that were held by the court to be brought solely for the purpose of harassment. The statistical compilations shall be public information.
(6) The attorney general shall adopt rules to implement this chapter. Such rules shall include uniform standards by which the boards shall make determinations under this chapter, including but not limited to rules which provide:
(a) A board shall find that a nonconformity exists if it determines that the consumer’s new motor vehicle has a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of the vehicle.
(b) A board shall find that a reasonable number of attempts to repair a nonconformity have been undertaken if:
(i) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the serious safety defect continues to exist;
(ii) the same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the nonconformity continues to exist; or
(iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of thirty calendar days, at least fifteen of them during the period of the applicable manufacturer’s written warranty. For purposes of this subsection, the manufacturer’s written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
(c) A board shall find that a manufacturer has failed to comply with RCW 19.118.041 if it finds that the manufacturer, its agent, or the new motor vehicle dealer has failed to correct a nonconformity after a reasonable number of attempts and the manufacturer has failed, within forty days of the consumer’s written request, to repurchase the vehicle or replace the vehicle with a vehicle identical or reasonably equivalent to the vehicle being replaced.
(7) The attorney general shall provide consumers with information regarding the procedures and remedies under this chapter.
Washington Lemon Law RCW 19.118.090 Request for arbitration.
Eligibility; Rejection; Manufacturer’s response; Remedies; Defenses; Acceptance or appeal.
(1) A consumer may request arbitration under this chapter by submitting the request to the attorney general. Within ten days after receipt of an arbitration request, the attorney general shall make a reasonable determination of the cause of the request for arbitration and provide necessary information to the consumer regarding the consumer’s rights and remedies under this chapter. The attorney general shall assign the dispute to a board, except that if it clearly appears from the materials submitted by the consumer that the dispute is not eligible for arbitration, the attorney general may refuse to assign the dispute and shall explain any required procedures to the consumer.
(2) Manufacturers shall submit to arbitration if such arbitration is requested by the consumer within thirty months from the date of the original delivery of the new motor vehicle to a consumer at retail and if the consumer’s dispute is deemed eligible for arbitration by the board. In the case of a motor home, the thirty-month period will be extended by the amount of time it takes the motor home manufacturers to complete the final repair attempt at the designated repair facility as provided for in RCW 19.118.041(3)(b).
(3) The new motor vehicle arbitration board may reject for arbitration any dispute that it determines to be frivolous, fraudulent, filed in bad faith, res judicata or beyond its authority. Any dispute deemed by the board to be ineligible for arbitration due to insufficient evidence may be reconsidered by the board upon the submission of other information or documents regarding the dispute that would allegedly qualify for relief under this chapter. Following a second review, the board may reject the dispute for arbitration if evidence is still clearly insufficient to qualify the dispute for relief under this chapter. A rejection by the board is subject to review by the attorney general or may be appealed under RCW 19.118.100.
A decision to reject any dispute for arbitration shall be sent by certified mail to the consumer and the manufacturer, and shall contain a brief explanation as to the reason therefore.
(4) The manufacturer shall complete a written manufacturer response to the consumer’s request for arbitration. The manufacturer shall provide a response to the consumer and the board within ten calendar days from the date of the manufacturer’s receipt of the board’s notice of acceptance of a dispute for arbitration. The manufacturer response shall include all issues and affirmative defenses related to the nonconformities identified in the consumer’s request for arbitration that the manufacturer intends to raise at the arbitration hearing.
(5) The arbitration board shall award the remedies under RCW 19.118.041 if it finds a nonconformity and that a reasonable number of attempts have been undertaken to correct the nonconformity. The board shall award reasonable costs and attorneys’ fees incurred by the consumer where the manufacturer has been directly represented by counsel:
(a) In dealings with the consumer in response to a request to repurchase or replace under RCW 19.118.041;
(b) in settlement negotiations;
(c) in preparation of the manufacturer’s statement; or
(d) at an arbitration board hearing or other board proceeding.
In the case of an arbitration involving a motor home, the board may allocate liability among the motor home manufacturers.
(6) It is an affirmative defense to any claim under this chapter that:
(a) The alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle; or
(b) the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle.
(7) The board shall have forty-five calendar days from the date the board receives the consumer’s request for arbitration to hear the dispute. If the board determines that additional information is necessary, the board may continue the arbitration proceeding on a subsequent date within ten calendar days of the initial hearing. The board shall decide the dispute within sixty calendar days from the date the board receives the consumer’s request for arbitration.
The decision of the board shall be delivered by certified mail or personal service to the consumer and the manufacturer, and shall contain a written finding of whether the new motor vehicle meets the standards set forth under this chapter.
(8) The consumer may accept the arbitration board decision or appeal to superior court, pursuant to RCW 19.118.100. Upon acceptance by the consumer, the arbitration board decision shall become final. The consumer shall send written notification of acceptance or rejection to the arbitration board within sixty days of receiving the decision and the arbitration board shall immediately deliver a copy of the consumer’s acceptance to the manufacturer by certified mail, return receipt requested, or by personal service. Failure of the consumer to respond to the arbitration board within sixty calendar days of receiving the decision shall be considered a rejection of the decision by the consumer. The consumer shall have one hundred twenty calendar days from the date of rejection to file a petition of appeal in superior court. At the time the petition of appeal is filed, the consumer shall deliver, by certified mail or personal service, a conformed copy of such petition to the attorney general.
(9) Upon receipt of the consumer’s acceptance, the manufacturer shall have forty calendar days to comply with the arbitration board decision or thirty calendar days to file a petition of appeal in superior court. At the time the petition of appeal is filed, the manufacturer shall deliver, by certified mail or personal service, a conformed copy of such petition to the attorney general. If the attorney general receives no notice of petition of appeal after forty calendar days, the attorney general shall contact the consumer to verify compliance.
Washington Lemon Law RCW 19.118.095 Arbitration decision.
Compliance; Accomplishment; Dispute; Failure; Fine; Costs; Attorneys’ fees.
(1) Compliance with an arbitration board decision under this chapter must be accomplished at a time, place, and in a manner to be determined by the mutual agreement of the consumer and manufacturer.
(a) The consumer shall make the motor vehicle available to the manufacturer free of damage other than that related to any nonconformity, defect, or condition to which a warranty applied, or that can reasonably be expected in the use of the vehicle for ordinary or reasonably intended purposes and in consideration of the mileage attributable to the consumer’s use. Any insurance claims or settlement proceeds for repair of damage to the vehicle due to fire, theft, vandalism, or collision must be assigned to the manufacturer or, at the consumer’s option, the repair must be completed before return of the vehicle to the manufacturer. The consumer may not remove any equipment or option that was included in the original purchase or lease of the vehicle or that is otherwise included in the repurchase or replacement award. In removing any equipment not included in the original purchase or lease, the consumer shall exercise reasonable care to avoid further damage to the vehicle but is not required to return the vehicle to original condition.
(b) At the time of compliance with an arbitration board decision that awards repurchase, the manufacturer shall make full payment to the consumers and either the lessor or lien holder, or both, or provide verification to the consumer of prior payment to either the lessor or lien holder, or both. At the time of compliance with an arbitration board decision that awards replacement, the manufacturer shall provide the replacement vehicle together with any refund of incidental costs.
(c) At any time before compliance a party may request the board to resolve disputes regarding compliance with the arbitration board decision including but not limited to time and place for compliance, condition of the vehicle to be returned, clarification or recalculation of refund amounts under the award, or a determination if an offered vehicle is reasonably equivalent to the vehicle being replaced. In resolving compliance disputes the board may not review, alter, or otherwise change the findings of a decision or extend the time for compliance beyond the time necessary for the board to resolve the dispute.
(d) Failure of the consumer to make the vehicle available within sixty calendar days in response to a manufacturer’s unconditional tender of compliance is considered a rejection of the arbitration decision by the consumer, except as provided in (c) of this subsection or subsection (2) of this section.
(2) If, at the end of the forty calendar day period, neither compliance with nor a petition to appeal the board’s decision has occurred, the attorney general may impose a fine of up to one thousand dollars per day until compliance occurs or a maximum penalty of one hundred thousand dollars accrues unless the manufacturer can provide clear and convincing evidence that any delay or failure was beyond its control or was acceptable to the consumer as evidenced by a written statement signed by the consumer. If the manufacturer fails to provide the evidence or fails to pay the fine, the attorney general may initiate proceedings against the manufacturer for failure to pay any fine that accrues until compliance with the board’s decision occurs or the maximum penalty of one hundred thousand dollars results. If the attorney general prevails in an enforcement action regarding any fine imposed under this subsection, the attorney general is entitled to reasonable costs and attorneys’ fees. Fines and recovered costs and fees shall be returned to the new motor vehicle arbitration account.
Washington Lemon Law RCW 19.118.100 Trial de novo.
Posting security; Recovery.
(1) The consumer or the manufacturer may request a trial de novo of the arbitration decision, including a rejection, in superior court.
(2) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer’s financial loss due to the passage of time for review.
(3) If the consumer prevails, recovery shall include the monetary value of the award, attorneys’ fees and costs incurred in the superior court action, and, if the board awarded the consumer replacement or repurchase of the vehicle and the manufacturer did not comply, continuing damages in the amount of twenty-five dollars per day for all days beyond the forty calendar day period following the manufacturer’s receipt of the consumer’s acceptance of the board’s decision in which the manufacturer did not provide the consumer with the free use of a comparable loaner replacement motor vehicle. If it is determined by the court that the party that appealed acted without good cause in bringing the appeal or brought the appeal solely for the purpose of harassment, the court may triple, but at least shall double, the amount of the total award.
Washington Lemon Law RCW 19.118.110 Arbitration fee
New motor vehicle arbitration account; Report by attorney general.
A three-dollar arbitration fee shall be collected by either the new motor vehicle dealer or vehicle lessor from the consumer upon execution of a retail sale or lease agreement. The fee shall be forwarded to the department of licensing at the time of title application for deposit in the new motor vehicle arbitration account hereby created in the state treasury. Moneys in the account shall be used for the purposes of this chapter, subject to appropriation. During the 1995-97 fiscal biennium, the legislature may transfer moneys from the account to the extent that the moneys are not necessary for the purposes of this chapter.
At the end of each fiscal year, the attorney general shall prepare a report listing the annual revenue generated and the expenses incurred in implementing and operating the arbitration program under this chapter.
Washington Lemon Law RCW 19.118.120 Application of consumer protection act.
A violation of this chapter shall constitute an unfair or deceptive trade practice affecting the public interest under chapter 19.86 RCW. All public and private remedies provided under that chapter shall be available to enforce this chapter.
Washington Lemon Law RCW 19.118.130 Waivers, limitations, disclaimers; Void.
Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in RCW 19.118.021 through 19.118.140 shall be void as contrary to public policy. Said rights shall extend to a subsequent transferee of such new motor vehicle.
Washington Lemon Law RCW 19.118.140 Other rights and remedies not precluded.
Nothing in this chapter limits the consumer from pursuing other rights or remedies under any other law.
Washington Lemon Law RCW 19.118.150 Informal dispute resolution settlement procedure.
If a manufacturer has established an informal dispute resolution settlement procedure which substantially complies with the applicable provision of Title 16, Code of Federal Regulations Part 703, as from time to time amended, a consumer may choose to first submit a dispute under this chapter to the informal dispute resolution settlement procedure.
Washington Lemon Law RCW 19.118.170 History of vehicle.
Availability to owner.
Notwithstanding RCW 46.12.380, the department of licensing shall make available to the registered owner all title history information regarding the vehicle upon request of the registered owner and receipt of a statement that he or she is investigating or pursuing rights under this chapter.
The legislature recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer. The legislature further recognizes that good cooperation and communication between a manufacturer and a new motor vehicle dealer will considerably increase the likelihood that a new motor vehicle will be repaired within a reasonable number of attempts. It is the intent of the legislature to ensure that the consumer is made aware of his or her rights under this chapter and is not refused information, documents, or service that would otherwise obstruct the exercise of his or her rights.
In enacting these comprehensive measures, it is the intent of the legislature to create the proper blend of private and public remedies necessary to enforce this chapter, such that a manufacturer will be sufficiently induced to take necessary steps to improve quality control at the time of production or provide better warranty service for the new motor vehicles that it sells in this state.
Washington Lemon Law RCW 19.118.010 Motor vehicle manufacturers.
Express warranties; Service and repair facilities.
Every manufacturer of motor vehicles sold in this state and for which the manufacturer has made an express warranty shall maintain in this state sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties. As a means of complying with this section, a manufacturer may enter into warranty service contracts with independent service and repair facilities.
Washington Lemon Law RCW 19.118.021 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) “Board” means new motor vehicle arbitration board.
(2) “Collateral charges” means any sales or lease related charges including but not limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment penalties, credit disability and credit life insurance costs not otherwise refundable, any other insurance costs prorated for time out of service, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rust proofing, or factory or dealer installed options.
(3) “Condition” means a general problem that results from a defect or malfunction of one or more parts, or their improper installation by the manufacturer, its agents, or the new motor vehicle dealer.
(4) “Consumer” means any person who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle, other than for purposes of resale or sublease, during the duration of the warranty period defined under this section.
(5) “Court” means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing or determination was conducted or made pursuant to this chapter.
(6) “Incidental costs” means any reasonable expenses incurred by the consumer in connection with the repair of the new motor vehicle, including any towing charges and the costs of obtaining alternative transportation.
(7) “Manufacturer” means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers. “Manufacturer” does not include any person engaged in the business of set-up of motorcycles as an agent of a new motor vehicle dealer if the person does not otherwise construct or assemble motorcycles.
(8) “Motorcycle” means any motorcycle as defined in RCW 46.04.330 which has an engine displacement of at least seven hundred fifty cubic centimeters.
(9) “Motor home” means a vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
(10) “Motor home manufacturer” means the first stage manufacturer, the component manufacturer, and the final stage manufacturer.
(a) “First stage manufacturer” means a person who manufactures incomplete new motor vehicles such as chassis, chassis cabs, or vans, that are directly warranted by the first stage manufacturer to the consumer, and are completed by a final stage manufacturer into a motor home.
(b) “Component manufacturer” means a person who manufactures components used in the manufacture or assembly of a chassis, chassis cab, or van that is completed into a motor home and whose components are directly warranted by the component manufacturer to the consumer.
(c) “Final stage manufacturer” means a person who assembles, installs, or permanently affixes a body, cab, or equipment to an incomplete new motor vehicle such as a chassis, chassis cab, or van provided by a first stage manufacturer, to complete the vehicle into a motor home.
(11) “New motor vehicle” means any new self-propelled vehicle, including a new motorcycle, primarily designed for the transportation of persons or property over the public highways that was originally purchased or leased at retail from a new motor vehicle dealer or leasing company in this state, and that was initially registered in this state or for which a temporary motor vehicle license was issued pursuant to RCW 46.16.460, but does not include vehicles purchased or leased by a business as part of a fleet of ten or more vehicles at one time or under a single purchase or lease agreement. If the motor vehicle is a motor home, this chapter shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space. The term “new motor vehicle” does not include trucks with nineteen thousand pounds or more gross vehicle weight rating. The term “new motor vehicle” includes a demonstrator or lease-purchase vehicle as long as a manufacturer’s warranty was issued as a condition of sale.
(12) “New motor vehicle dealer” means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, or dealing in new motor vehicles, and who is licensed or required to be licensed as a vehicle dealer by the state of Washington.
(13) “Nonconformity” means a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle, but does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.
(14) “Purchase price” means the cash price of the new motor vehicle appearing in the sales agreement or contract.
(a) “Purchase price” in the instance of a lease means the actual written capitalized cost disclosed to the consumer contained in the lease agreement. If there is no disclosed capitalized cost in the lease agreement the “purchase price” is the manufacturer’s suggested retail price including manufacturer installed accessories or items of optional equipment displayed on the manufacturer label, required by 15 U.S.C. Sec. 1232.
(b) “Purchase price” in the instance of both a vehicle purchase or lease agreement includes any allowance for a trade-in vehicle but does not include any manufacturer-to-consumer rebate appearing in the agreement or contract that the consumer received or that was applied to reduce the purchase or lease cost. Where the consumer is a subsequent transferee and the consumer selects repurchase of the motor vehicle, “purchase price” means the consumer’s subsequent purchase price. Where the consumer is a subsequent transferee and the consumer selects replacement of the motor vehicle, “purchase price” means the original purchase price.
(15) “Reasonable offset for use” means the definition provided in RCW 19.118.041(1)(c) for a new motor vehicle other than a new motorcycle. The reasonable offset for use for a new motorcycle shall be computed by the number of miles that the vehicle traveled before the manufacturer’s acceptance of the vehicle upon repurchase or replacement multiplied by the purchase price, and divided by twenty-five thousand.
(16) “Reasonable number of attempts” means the definition provided in RCW 19.118.041.
(17) “Replacement motor vehicle” means a new motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options.
(18) “Serious safety defect” means a life-threatening malfunction or nonconformity that impedes the consumer’s ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.
(19) “Subsequent transferee” means a consumer who acquires a motor vehicle, within the warranty period, as defined in this section, with an applicable manufacturer’s written warranty and where the vehicle otherwise met the definition of a new motor vehicle at the time of original retail sale or lease.
(20) “Substantially impair” means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle below the average resale value for comparable motor vehicles.
(21) “Warranty” means any implied warranty, any written warranty of the manufacturer, or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle that becomes part of the basis of the bargain. The term “warranty” pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a new motor vehicle for ordinary use or reasonably intended purposes throughout the duration of the warranty period as defined under this section.
(22) “Warranty period” means the period ending two years after the date of the original delivery to the consumer of a new motor vehicle, or the first twenty-four thousand miles of operation, whichever occurs first.
Washington Lemon Law RCW 19.118.031 Manufacturers and new motor vehicle dealers.
Responsibilities to consumers; Extension of warranty period.
(1) The manufacturer shall publish an owner’s manual and provide it to the new motor vehicle dealer or leasing company. The owner’s manual shall include a list of the addresses and phone numbers for the manufacturer’s customer assistance division, or zone or regional offices. A manufacturer shall provide to the new motor vehicle dealer or leasing company all applicable manufacturer’s written warranties. The dealer or leasing company shall transfer to the consumer, at the time of original retail sale or lease, the owner’s manual and applicable written warranties as provided by a manufacturer.
(2) At the time of purchase, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer’s rights under this chapter. The written statement shall be prepared and supplied by the attorney general and shall contain a toll-free number that the consumer can contact for information regarding the procedures and remedies under this chapter.
(3) For the purposes of this chapter, if a new motor vehicle does not conform to the warranty and the consumer reports the nonconformity during the term of the warranty period or the period of coverage of the applicable manufacturer’s written warranty, whichever is less, to the manufacturer, its agent, or the new motor vehicle dealer who sold the new motor vehicle, the manufacturer, its agent, or the new motor vehicle dealer shall make repairs as are necessary to conform the vehicle to the warranty, regardless of whether such repairs are made after the expiration of the warranty period. Any corrections or attempted repairs undertaken by a new motor vehicle dealer under this chapter shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under the manufacturer’s written warranty is billed. For purposes of this subsection, the manufacturer’s written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
(4) Upon request from the consumer, the manufacturer or new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer’s field or zone representative regarding inspection, diagnosis, or test-drive of the consumer’s new motor vehicle, or shall provide a copy of any technical service bulletin issued by the manufacturer regarding the year and model of the consumer’s new motor vehicle as it pertains to any material, feature, component, or the performance thereof.
(5) The new motor vehicle dealer shall provide to the consumer each time the consumer’s vehicle is returned from being diagnosed or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle including but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer.
(6) No manufacturer, its agent, or the new motor vehicle dealer may refuse to diagnose or repair any nonconformity covered by the warranty for the purpose of avoiding liability under this chapter.
(7) For purposes of this chapter, consumers shall have the rights and remedies, including a cause of action, against manufacturers as provided in this chapter.
(8) The warranty period and thirty-day out-of-service period, and sixty-day out-of-service period in the case of a motor home, shall be extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood, or other natural disaster.
Washington Lemon Law RCW 19.118.041 Replacement or repurchase of nonconforming new motor vehicle.
Reasonable number of attempts; Notice by consumer regarding motor home nonconformity; Liabilities and rights of parties; Application of consumer protection act.
(1) If the manufacturer, its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within forty calendar days of a consumer’s written request to the manufacturer’s corporate, dispute resolution, zone, or regional office address shall, at the option of the consumer, replace or repurchase the new motor vehicle.
(a) The replacement motor vehicle shall be identical or reasonably equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rust proofing, and factory or dealer installed options. Where the manufacturer supplies a replacement motor vehicle, the manufacturer shall be responsible for sales tax, license, registration fees, and refund of any incidental costs. Compensation for a reasonable offset for use shall be paid by the consumer to the manufacturer in the event that the consumer accepts a replacement motor vehicle.
(b) When repurchasing the new motor vehicle, the manufacturer shall refund to the consumer the purchase price, all collateral charges, and incidental costs, less a reasonable offset for use. When repurchasing the new motor vehicle, in the instance of a lease, the manufacturer shall refund to the consumer all payments made by the consumer under the lease including but not limited to all lease payments, trade-in value or inception payment, security deposit, all collateral charges and incidental costs less a reasonable offset for use. The manufacturer shall make such payment to the lessor and/or lien holder of record as necessary to obtain clear title to the motor vehicle and upon the lessor’s and/or lien holder’s receipt of that payment and payment by the consumer of any late payment charges, the consumer shall be relieved of any future obligation to the lessor and/or lien holder.
(c) The reasonable offset for use shall be computed by multiplying the number of miles that the vehicle traveled directly attributable to use by the consumer times the purchase price, and dividing the product by one hundred twenty thousand, except in the case of a motor home, in which event it shall be divided by ninety thousand. However, the reasonable offset for use calculation total for a motor home is subject to modification by the board by decreasing or increasing the offset total up to a maximum of one- third of the offset total. The board may modify the offset total in those circumstances where the board determines that the wear and tear on those portions of the motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space are significantly greater or significantly less than that which could be reasonably expected based on the mileage attributable to the consumer’s use of the motor home. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the consumer selects repurchase of the motor vehicle, “the number of miles that the vehicle traveled” shall be calculated from the date of purchase or lease by the consumer. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the consumer selects replacement of the motor vehicle, “the number of miles that the vehicle traveled” shall be calculated from the original purchase, lease, or in-service date.
(2) Reasonable number of attempts, except in the case of a new motor vehicle that is a motor home acquired after June 30, 1998, shall be deemed to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer to conform the new motor vehicle to the warranty within the warranty period, if:
(a) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the serious safety defect continues to exist;
(b) the same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the nonconformity continues to exist; or
(c) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of thirty calendar days, at least fifteen of them during the period of the applicable manufacturer’s written warranty. For purposes of this subsection, the manufacturer’s written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
(3)
(a) In the case of a new motor vehicle that is a motor home acquired after June 30, 1998, a reasonable number of attempts shall be deemed to have been undertaken by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers to conform the new motor vehicle to the warranty within the warranty period, if:
(i) The same serious safety defect has been subject to diagnosis or repair one or more times during the period of coverage of the applicable motor home manufacturer’s written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the serious safety defect continues to exist;
(ii) the same nonconformity has been subject to repair three or more times, at least one of which is during the period of coverage of the applicable motor home manufacturer’s written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the nonconformity continues to exist; or
(iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of sixty calendar days aggregating all motor home manufacturer days out of service, and the motor home manufacturers have had at least one opportunity to coordinate and complete an inspection and any repairs of the vehicle’s nonconformities after receipt of notification from the consumer as provided for in (c) of this subsection. For purposes of this subsection, each motor home manufacturer’s written warranty must be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
(b) In the case of a new motor vehicle that is a motor home, after one attempt has been made to repair a serious safety defect, or after three attempts have been made to repair the same nonconformity, the consumer shall give written notification of the need to repair the nonconformity to each of the motor home manufacturers at their respective corporate, zone, or regional office addresses to allow the motor home manufacturers to coordinate and complete a final attempt to cure the nonconformity. The motor home manufacturers each have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. The motor home manufacturers have a cumulative total of thirty days, commencing upon delivery of the vehicle to the designated repair facility by the consumer, to conform the vehicle to the applicable motor home manufacturer’s written warranty. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to a final attempt to cure the nonconformity.
(c) In the case of a new motor vehicle that is a motor home, if the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers for a cumulative total of thirty or more days aggregating all motor home manufacturer days out of service, the consumer shall so notify each motor home manufacturer in writing at their respective corporate, zone, or regional office addresses to allow the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers an opportunity to coordinate and complete an inspection and any repairs of the vehicle’s nonconformities. The motor home manufacturers have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. Once the buyer delivers the vehicle to the designated repair facility, the inspection and repairs must be completed by the motor home manufacturers either
(i) within ten days or
(ii) before the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for sixty days, whichever time period is longer.
This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to at least one opportunity to inspect and repair the vehicle’s nonconformities after receipt of notification from the buyer as provided for in this subsection (3)(c).
(4) No new motor vehicle dealer may be held liable by the manufacturer for any collateral charges, incidental costs, purchase price refunds, or vehicle replacements. Manufacturers shall not have a cause of action against dealers under this chapter. Consumers shall not have a cause of action against dealers under this chapter, but a violation of any responsibilities imposed upon dealers under this chapter is a per se violation of chapter 19.86 RCW. Consumers may pursue rights and remedies against dealers under any other law, including chapters 46.70 and 46.71 RCW. Manufacturers and consumers may not make dealers parties to arbitration board proceedings under this chapter.
Washington Lemon Law RCW 19.118.061 Vehicle with nonconformities or out of service.
Notification of correction; Resale or transfer of title; Issuance of new title; Disclosure to buyer; Intervening transferor.
(1) A manufacturer shall be prohibited from reselling any motor vehicle determined or adjudicated as having a serious safety defect unless the serious safety defect has been corrected and the manufacturer warrants upon the first subsequent resale that the defect has been corrected.
(2) Before any sale or transfer of a vehicle that has been replaced or repurchased by the manufacturer that was determined or adjudicated as having a nonconformity or to have been out of service for thirty or more calendar days, or sixty or more calendar days in the case of a motor home, under this chapter, the manufacturer shall:
(a) Notify the attorney general and the department of licensing, by certified mail or by personal service, upon receipt of the motor vehicle;
(b) Attach a resale disclosure notice to the vehicle in a manner and form to be specified by the attorney general. Only the retail purchaser may remove the resale disclosure notice after execution of the disclosure form required under subsection (3) of this section; and
(c) Notify the attorney general and the department of licensing if the nonconformity in the motor vehicle is corrected.
(3) Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle and which was previously returned after a final determination, adjudication, or settlement under this chapter or under a similar statute of any other state, the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of said final determination, adjudication or settlement, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity in a manner to be specified by the attorney general, and the department of licensing shall place on the certificate of title information indicating the vehicle was returned under this chapter.
(4) Upon receipt of the manufacturer’s notification under subsection (2) of this section that the nonconformity has been corrected and upon the manufacturer’s request and payment of any fees, the department of licensing shall issue a new title with information indicating the vehicle was returned under this chapter and that the nonconformity has been corrected. Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle, as provided under subsection (2)(c) of this section, the manufacturer shall warrant upon the resale that the nonconformity has been corrected, and the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of the corrected nonconformity, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity and indicating that it has been corrected in a manner to be specified by the attorney general.
(5) After repurchase or replacement and following a manufacturer’s receipt of a vehicle under this section and prior to a vehicle’s first subsequent retail transfer by resale or lease, any intervening transferor of a vehicle subject to the requirements of this section who has received the disclosure, correction and warranty documents, as specified by the attorney general and required under this chapter, shall deliver the documents with the vehicle to the next transferor, purchaser or lessee to ensure proper and timely notice and disclosure. Any intervening transferor who fails to comply with this subsection shall, at the option of the subsequent transferor or first subsequent retail purchaser or lessee:
(a) Indemnify any subsequent transferor or first subsequent retail purchaser for all damages caused by such violation; or
(b) repurchase the vehicle at the full purchase price including all fees, taxes and costs incurred for goods and services which were included in the subsequent transaction.
Washington Lemon Law RCW 19.118.070 Remedies.
The remedies provided under this chapter are cumulative and are in addition to any other remedies provided by law.
Washington Lemon Law RCW 19.118.080 New motor vehicle arbitration boards.
Board proceedings; Prerequisite to filing action in superior court.
(1) Except as provided in RCW 19.118.160, the attorney general shall contract with one or more private entities to conduct arbitration proceedings in order to settle disputes between consumers and manufacturers as provided in this chapter, and each private entity shall constitute a new motor vehicle arbitration board for purposes of this chapter. The entities shall not be affiliated with any manufacturer or new motor vehicle dealer and shall have available the services of persons with automotive technical expertise to assist in resolving disputes under this chapter. No private entity or its officers or employees conducting board proceedings and no arbitrator presiding at such proceedings shall be directly involved in the manufacture, distribution, sale, or warranty service of any motor vehicle. Payment to the entities for the arbitration services shall be made from the new motor vehicle arbitration account.
(2) The attorney general shall adopt rules for the uniform conduct of the arbitrations by the boards whether conducted by a private entity or by the attorney general pursuant to RCW 19.118.160, which rules shall include but not be limited to the following procedures:
(a) At all arbitration proceedings, the parties are entitled to present oral and written testimony, to present witnesses and evidence relevant to the dispute, to cross-examine witnesses, and to be represented by counsel.
(b) A dealer, manufacturer, or other persons shall produce records and documents requested by a party which are reasonably related to the dispute. If a dealer, manufacturer, or other person refuses to comply with such a request, a party may present a request to the board for the attorney general to issue a subpoena on behalf of the board.
The subpoena shall be issued only for the production of records and documents which the board has determined are reasonably related to the dispute, including but not limited to documents described in RCW 19.118.031 (4) or (5).
If a party fails to comply with the subpoena, the arbitrator may at the outset of the arbitration hearing impose any of the following sanctions:
(i) Find that the matters which were the subject of the subpoena, or any other designated facts, shall be taken to be established for purposes of the hearing in accordance with the claim of the party which requested the subpoena;
(ii) refuse to allow the disobedient party to support or oppose the designated claims or defenses, or prohibit that party from introducing designated matters into evidence;
(iii) strike claims or defenses, or parts thereof; or
(iv) render a decision by default against the disobedient party.
If a nonparty fails to comply with a subpoena and upon an arbitrator finding that without such compliance there is insufficient evidence to render a decision in the dispute, the attorney general shall enforce such subpoena in superior court and the arbitrator shall continue the arbitration hearing until such time as the nonparty complies with the subpoena or the subpoena is quashed.
(c) A party may obtain written affidavits from employees and agents of a dealer, a manufacturer or other party, or from other potential witnesses, and may submit such affidavits for consideration by the board.
(d) Records of the board proceedings shall be open to the public. The hearings shall be open to the public to the extent practicable.
(e) Where the board proceedings are conducted by one or more private entities, a single arbitrator may be designated to preside at such proceedings.
(3) A consumer shall exhaust the new motor vehicle arbitration board remedy or informal dispute resolution settlement procedure under RCW 19.118.150 before filing any superior court action.
(4) The attorney general shall maintain records of each dispute submitted to the new motor vehicle arbitration board, including an index of new motor vehicles by year, make, and model.
(5) The attorney general shall compile aggregate annual statistics for all disputes submitted to, and decided by, the new motor vehicle arbitration board, as well as annual statistics for each manufacturer that include, but shall not be limited to, the number and percent of:
(a) Replacement motor vehicle requests;
(b) purchase price refund requests;
(c) replacement motor vehicles obtained in prehearing settlements;
(d) purchase price refunds obtained in prehearing settlements;
(e) replacement motor vehicles awarded in arbitration;
(f) purchase price refunds awarded in arbitration;
(g) board decisions neither complied with during the forty calendar day period nor petitioned for appeal within the thirty calendar day period;
(h) board decisions appealed categorized by consumer or manufacturer;
(i) the nature of the court decisions and who the prevailing party was;
(j) appeals that were held by the court to be brought without good cause; and
(k) appeals that were held by the court to be brought solely for the purpose of harassment. The statistical compilations shall be public information.
(6) The attorney general shall adopt rules to implement this chapter. Such rules shall include uniform standards by which the boards shall make determinations under this chapter, including but not limited to rules which provide:
(a) A board shall find that a nonconformity exists if it determines that the consumer’s new motor vehicle has a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of the vehicle.
(b) A board shall find that a reasonable number of attempts to repair a nonconformity have been undertaken if:
(i) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the serious safety defect continues to exist;
(ii) the same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the period of coverage of the applicable manufacturer’s written warranty, and the nonconformity continues to exist; or
(iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of thirty calendar days, at least fifteen of them during the period of the applicable manufacturer’s written warranty. For purposes of this subsection, the manufacturer’s written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.
(c) A board shall find that a manufacturer has failed to comply with RCW 19.118.041 if it finds that the manufacturer, its agent, or the new motor vehicle dealer has failed to correct a nonconformity after a reasonable number of attempts and the manufacturer has failed, within forty days of the consumer’s written request, to repurchase the vehicle or replace the vehicle with a vehicle identical or reasonably equivalent to the vehicle being replaced.
(7) The attorney general shall provide consumers with information regarding the procedures and remedies under this chapter.
Washington Lemon Law RCW 19.118.090 Request for arbitration.
Eligibility; Rejection; Manufacturer’s response; Remedies; Defenses; Acceptance or appeal.
(1) A consumer may request arbitration under this chapter by submitting the request to the attorney general. Within ten days after receipt of an arbitration request, the attorney general shall make a reasonable determination of the cause of the request for arbitration and provide necessary information to the consumer regarding the consumer’s rights and remedies under this chapter. The attorney general shall assign the dispute to a board, except that if it clearly appears from the materials submitted by the consumer that the dispute is not eligible for arbitration, the attorney general may refuse to assign the dispute and shall explain any required procedures to the consumer.
(2) Manufacturers shall submit to arbitration if such arbitration is requested by the consumer within thirty months from the date of the original delivery of the new motor vehicle to a consumer at retail and if the consumer’s dispute is deemed eligible for arbitration by the board. In the case of a motor home, the thirty-month period will be extended by the amount of time it takes the motor home manufacturers to complete the final repair attempt at the designated repair facility as provided for in RCW 19.118.041(3)(b).
(3) The new motor vehicle arbitration board may reject for arbitration any dispute that it determines to be frivolous, fraudulent, filed in bad faith, res judicata or beyond its authority. Any dispute deemed by the board to be ineligible for arbitration due to insufficient evidence may be reconsidered by the board upon the submission of other information or documents regarding the dispute that would allegedly qualify for relief under this chapter. Following a second review, the board may reject the dispute for arbitration if evidence is still clearly insufficient to qualify the dispute for relief under this chapter. A rejection by the board is subject to review by the attorney general or may be appealed under RCW 19.118.100.
A decision to reject any dispute for arbitration shall be sent by certified mail to the consumer and the manufacturer, and shall contain a brief explanation as to the reason therefore.
(4) The manufacturer shall complete a written manufacturer response to the consumer’s request for arbitration. The manufacturer shall provide a response to the consumer and the board within ten calendar days from the date of the manufacturer’s receipt of the board’s notice of acceptance of a dispute for arbitration. The manufacturer response shall include all issues and affirmative defenses related to the nonconformities identified in the consumer’s request for arbitration that the manufacturer intends to raise at the arbitration hearing.
(5) The arbitration board shall award the remedies under RCW 19.118.041 if it finds a nonconformity and that a reasonable number of attempts have been undertaken to correct the nonconformity. The board shall award reasonable costs and attorneys’ fees incurred by the consumer where the manufacturer has been directly represented by counsel:
(a) In dealings with the consumer in response to a request to repurchase or replace under RCW 19.118.041;
(b) in settlement negotiations;
(c) in preparation of the manufacturer’s statement; or
(d) at an arbitration board hearing or other board proceeding.
In the case of an arbitration involving a motor home, the board may allocate liability among the motor home manufacturers.
(6) It is an affirmative defense to any claim under this chapter that:
(a) The alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle; or
(b) the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle.
(7) The board shall have forty-five calendar days from the date the board receives the consumer’s request for arbitration to hear the dispute. If the board determines that additional information is necessary, the board may continue the arbitration proceeding on a subsequent date within ten calendar days of the initial hearing. The board shall decide the dispute within sixty calendar days from the date the board receives the consumer’s request for arbitration.
The decision of the board shall be delivered by certified mail or personal service to the consumer and the manufacturer, and shall contain a written finding of whether the new motor vehicle meets the standards set forth under this chapter.
(8) The consumer may accept the arbitration board decision or appeal to superior court, pursuant to RCW 19.118.100. Upon acceptance by the consumer, the arbitration board decision shall become final. The consumer shall send written notification of acceptance or rejection to the arbitration board within sixty days of receiving the decision and the arbitration board shall immediately deliver a copy of the consumer’s acceptance to the manufacturer by certified mail, return receipt requested, or by personal service. Failure of the consumer to respond to the arbitration board within sixty calendar days of receiving the decision shall be considered a rejection of the decision by the consumer. The consumer shall have one hundred twenty calendar days from the date of rejection to file a petition of appeal in superior court. At the time the petition of appeal is filed, the consumer shall deliver, by certified mail or personal service, a conformed copy of such petition to the attorney general.
(9) Upon receipt of the consumer’s acceptance, the manufacturer shall have forty calendar days to comply with the arbitration board decision or thirty calendar days to file a petition of appeal in superior court. At the time the petition of appeal is filed, the manufacturer shall deliver, by certified mail or personal service, a conformed copy of such petition to the attorney general. If the attorney general receives no notice of petition of appeal after forty calendar days, the attorney general shall contact the consumer to verify compliance.
Washington Lemon Law RCW 19.118.095 Arbitration decision.
Compliance; Accomplishment; Dispute; Failure; Fine; Costs; Attorneys’ fees.
(1) Compliance with an arbitration board decision under this chapter must be accomplished at a time, place, and in a manner to be determined by the mutual agreement of the consumer and manufacturer.
(a) The consumer shall make the motor vehicle available to the manufacturer free of damage other than that related to any nonconformity, defect, or condition to which a warranty applied, or that can reasonably be expected in the use of the vehicle for ordinary or reasonably intended purposes and in consideration of the mileage attributable to the consumer’s use. Any insurance claims or settlement proceeds for repair of damage to the vehicle due to fire, theft, vandalism, or collision must be assigned to the manufacturer or, at the consumer’s option, the repair must be completed before return of the vehicle to the manufacturer. The consumer may not remove any equipment or option that was included in the original purchase or lease of the vehicle or that is otherwise included in the repurchase or replacement award. In removing any equipment not included in the original purchase or lease, the consumer shall exercise reasonable care to avoid further damage to the vehicle but is not required to return the vehicle to original condition.
(b) At the time of compliance with an arbitration board decision that awards repurchase, the manufacturer shall make full payment to the consumers and either the lessor or lien holder, or both, or provide verification to the consumer of prior payment to either the lessor or lien holder, or both. At the time of compliance with an arbitration board decision that awards replacement, the manufacturer shall provide the replacement vehicle together with any refund of incidental costs.
(c) At any time before compliance a party may request the board to resolve disputes regarding compliance with the arbitration board decision including but not limited to time and place for compliance, condition of the vehicle to be returned, clarification or recalculation of refund amounts under the award, or a determination if an offered vehicle is reasonably equivalent to the vehicle being replaced. In resolving compliance disputes the board may not review, alter, or otherwise change the findings of a decision or extend the time for compliance beyond the time necessary for the board to resolve the dispute.
(d) Failure of the consumer to make the vehicle available within sixty calendar days in response to a manufacturer’s unconditional tender of compliance is considered a rejection of the arbitration decision by the consumer, except as provided in (c) of this subsection or subsection (2) of this section.
(2) If, at the end of the forty calendar day period, neither compliance with nor a petition to appeal the board’s decision has occurred, the attorney general may impose a fine of up to one thousand dollars per day until compliance occurs or a maximum penalty of one hundred thousand dollars accrues unless the manufacturer can provide clear and convincing evidence that any delay or failure was beyond its control or was acceptable to the consumer as evidenced by a written statement signed by the consumer. If the manufacturer fails to provide the evidence or fails to pay the fine, the attorney general may initiate proceedings against the manufacturer for failure to pay any fine that accrues until compliance with the board’s decision occurs or the maximum penalty of one hundred thousand dollars results. If the attorney general prevails in an enforcement action regarding any fine imposed under this subsection, the attorney general is entitled to reasonable costs and attorneys’ fees. Fines and recovered costs and fees shall be returned to the new motor vehicle arbitration account.
Washington Lemon Law RCW 19.118.100 Trial de novo.
Posting security; Recovery.
(1) The consumer or the manufacturer may request a trial de novo of the arbitration decision, including a rejection, in superior court.
(2) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer’s financial loss due to the passage of time for review.
(3) If the consumer prevails, recovery shall include the monetary value of the award, attorneys’ fees and costs incurred in the superior court action, and, if the board awarded the consumer replacement or repurchase of the vehicle and the manufacturer did not comply, continuing damages in the amount of twenty-five dollars per day for all days beyond the forty calendar day period following the manufacturer’s receipt of the consumer’s acceptance of the board’s decision in which the manufacturer did not provide the consumer with the free use of a comparable loaner replacement motor vehicle. If it is determined by the court that the party that appealed acted without good cause in bringing the appeal or brought the appeal solely for the purpose of harassment, the court may triple, but at least shall double, the amount of the total award.
Washington Lemon Law RCW 19.118.110 Arbitration fee
New motor vehicle arbitration account; Report by attorney general.
A three-dollar arbitration fee shall be collected by either the new motor vehicle dealer or vehicle lessor from the consumer upon execution of a retail sale or lease agreement. The fee shall be forwarded to the department of licensing at the time of title application for deposit in the new motor vehicle arbitration account hereby created in the state treasury. Moneys in the account shall be used for the purposes of this chapter, subject to appropriation. During the 1995-97 fiscal biennium, the legislature may transfer moneys from the account to the extent that the moneys are not necessary for the purposes of this chapter.
At the end of each fiscal year, the attorney general shall prepare a report listing the annual revenue generated and the expenses incurred in implementing and operating the arbitration program under this chapter.
Washington Lemon Law RCW 19.118.120 Application of consumer protection act.
A violation of this chapter shall constitute an unfair or deceptive trade practice affecting the public interest under chapter 19.86 RCW. All public and private remedies provided under that chapter shall be available to enforce this chapter.
Washington Lemon Law RCW 19.118.130 Waivers, limitations, disclaimers; Void.
Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in RCW 19.118.021 through 19.118.140 shall be void as contrary to public policy. Said rights shall extend to a subsequent transferee of such new motor vehicle.
Washington Lemon Law RCW 19.118.140 Other rights and remedies not precluded.
Nothing in this chapter limits the consumer from pursuing other rights or remedies under any other law.
Washington Lemon Law RCW 19.118.150 Informal dispute resolution settlement procedure.
If a manufacturer has established an informal dispute resolution settlement procedure which substantially complies with the applicable provision of Title 16, Code of Federal Regulations Part 703, as from time to time amended, a consumer may choose to first submit a dispute under this chapter to the informal dispute resolution settlement procedure.
Washington Lemon Law RCW 19.118.170 History of vehicle.
Availability to owner.
Notwithstanding RCW 46.12.380, the department of licensing shall make available to the registered owner all title history information regarding the vehicle upon request of the registered owner and receipt of a statement that he or she is investigating or pursuing rights under this chapter.
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