We handle lemon law and other auto related issues such as tow/impound issues, repair fraud, dealer fraud, and used car warranty of merchantability. We also handle post repossession deficiency debt relief. See below for more about our specific services.
Lemon Law is a term like the word Kleenex. It had an original meaning but is used interchangeably for many different services. We divide down the services we offer as shown below. We have experience dealing with the underside of the auto sales, repair, and collection industry. We are not focused on personal injury, rather, we focus on fraud at the point of sale, during repairs, and procedural violations during tow, impound, and auction. We also focus on defending against collection issues relating to your vehicle. Call us today to see how we can help.
We can litigate scams that unscrupulous dealers will try to take advantage of you with. RCW 46.70 is the general controlling statute along with WAC 308-66. Below is a list of common dealer scams:
- Bait and Switch: Lying about the price or availability of cars they did not have available in the first place.
- Bushing, Spot Delivery, or Yo-Yo Financing: This classic “your financing fell through” story where they sold your trade in already and need you to come back in an pay more or get sued.
- Curbstoning: A private party tries to pose as a dealer.
- Financing Fraud: A dealer lies about your credit score, tries to claim they won’t accept your financing, illegal terms in the financing, etc.
- Forgot to Pay Off your Trade In: The dealer claims to have forgotten to pay off your trade in, leaving you on the hook for the loan on your trade in.
- “Mistakes” in the Contract: The contract you sign does not match the terms you agreed to.
- Odometer Fraud: Illegally rolling back the odometer
- Packing or Loading the Loan: Hidden terms or amounts in the contract that you did not agree to.
- Resigning Paperwork Scam: A dealer tries to convince you to come back in and re-sign the paperwork (usually with changed terms)
- Title Washing, Sold “As Is”: A dealer attempts to hide a car that was wrecked or a lemon and convince you to buy a car “as is”
Advertising Fraud comes under RCW 46.70.180(1) and WAC 308-66-152. The most common type is when a dealer sells a rebuilt or title washed vehicle while claiming it has clean title. Typically this is a car that was from out of state or out of country that is being sold now in WA. Carfax or similar reports do not always catch this. It requires the dealer to have actual knowledge, which can be gained by reviewing their own reports or inspection by their mechanic.
Department of Revenue Auto Dealer Page
RCW 62A.2-316 governs used car “as is” disclaimers. Washington case law can be very harsh on this issue. To have a chance to “win” a case, the defect would have to not be readily found on an inspection (visual, basic mechanical/hand, test drive, etc.) and/or to show that the dealer knew of a specific defect and failed to disclose it. This is very much a fact specific, case by case analysis.
‘{U}nless the circumstances indicate otherwise, all implied warranties are excluded by expressions like ‘as is’, ‘with all faults’ or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and make plain that there is no implied warranty{.}’ RCW 62A.2-316(3)(a).
Thomas v. Ruddell Lease-Sales, Inc., 43 Wn. App. 208, 214, 716 P.2d 911 (1986).
This type of litigation can be challenging. It often requires an expert, who must be paid, to establish if there is some sort of fraudulent issue. In general, the easiest type of case to win is when the quote does not match or required signage is not displayed. RCW 46.71 covers a repair shops duties.
Department of Revenue Auto Repair Page
Releasing liability in a vehicle that you have sold requires you to comply with RCW 46.12.650 and RCW 46.12.655. If you report your sale within 5 days of the sale, then you will be released from liability generally. If you reported it afterward, you are likely on the hook but there are legal arguments that you might not be. If you did not report the sale at all and instead relied on the buyer to report and they did not, you are liable.
Tow truck drivers and companies, as well as Impound lots, have rules they must follow. See RCW 46.55 and WAC 204-91A. This includes required notice after the vehicle is towed, notices prior to auction, and that your vehicle should be towed to the nearest impound (not the one the tow truck driver is friendly with or owns).
One of the most common questions we get is if you have an old car sold at auction and you do not want to redeem it, how much can the tow/impound lot charge? Generally they are limited to no more than $500.00 plus fees/costs for private tows. See RCW 46.55.140. If the tow was ordered by the police (public tow) then that limit does not apply.
The time frame of notification (see RCW 46.55.130) is:
If the time frame is suspiciously long, it is possible that the tow truck company is racking up yard fees impermissibly and it might constitute a consumer protection violation.
Tow fees are regulated.
Washington State Patrol Tow Fee Schedule
Dealers often try to pass off sub par vehicles onto unsuspecting consumers. However, as a consumer in Washington state, you have both state and federal rights that can protect you from such unscrupulous dealers. Under Washington State Law, you have RCW 19.118, RCW 48.110, WAC 44-10, and other consumer protection laws. Under Federal Law, you have the Magnuson-Moss Consumer Warranty Act codified as 15 U.S.C. § 2301. If you feel that you may have purchased a car that has experienced repeated malfunctions or warranty issues, call us to see how we can help.
While it is best to consult with an attorney to determine if your vehicle qualifies as a lemon, here are a few guidelines to help you pre-screen your vehicle’s situation:
If you feel any of the above conditions apply, please call our office for a free initial phone consultation.
The warranty of implied merchantability is enshrined in RCW 62A.2-314. This warranty can be disclaimed by using the words “as is” in the contract and if you had the opportunity to inspect the vehicle. Latent defects that are not readily discoverable can be an exception as would be intentionally hiding some known defects and they were known to the dealer. On this last point, proving the dealer knew of a defect can be difficult.
You waive the implied warranty if:
See also the WA Attorney General Used Vehicle Consideration Page
If a bank won’t release title, if there are co-owner issues, if title washing may have occurred, we may be able to help.
RCW 7.28.310: Quieting Title
WAC 308-56A: Certificates of Title
WAC 308-61: Unauthorized and Abandoned Vehicles
If you believe that you may have purchased a “lemon”, that a dealer has scammed you, or that your car has a significant defect that should be covered under warranty, we can help. We start with a free phone consultation to screen your situation. If it appears that there is a legal remedy for your situation, we typically are able to help you on a contingency basis. Also, under state and federal law, if you are the prevailing party any attorney fees are paid by the other side. Call today to schedule an appointment.
