What Is the Lemon Law in Washington for Used Cars

Washington's Motor Vehicle Warranty Protection Act, codified as RCW Chapter 19.118, addresses warranty defects in new motor vehicles. The statute establishes remedies for consumers who purchase or lease new vehicles with manufacturer warranties when defects substantially impair the use, value, or safety of the vehicle. Used vehicles do not qualify for coverage under Washington's lemon law framework. However, consumers who acquire used vehicles retain access to protections under state-imposed implied warranty requirements, federal warranty law, and prohibitions on unfair dealer conduct.

What Protections Do Used Car Buyers Have in Washington?

Used vehicle purchasers in Washington benefit from multiple protective mechanisms operating independently of the lemon law, encompassing implied warranty provisions under state commercial law, federal warranty protections, and consumer protection statutes addressing deceptive dealer practices.

Implied Warranty of Merchantability

Washington law establishes an implied warranty of merchantability for all used motor vehicles sold by dealers to consumers for personal use. Under RCW 62A.2-314, this automatic warranty promises that the vehicle operates reliably for ordinary driving, remains reasonably safe, contains no major defects, and maintains quality consistent with comparable vehicles in its price category. The warranty applies without exception unless the buyer explicitly negotiates and executes a separate written waiver identifying specific excluded characteristics or defects. Preprinted "as is" designations affixed to windshields or incorporated into standard sales contract language do not satisfy statutory waiver requirements absent documented evidence of knowing consumer consent. A critical limitation protects consumers who purchase extended service warranties or contracts within 90 days of the used vehicle purchase: the implied warranty of merchantability cannot be waived, regardless of any disclaimer language when service contracts accompany the transaction.

Implied Warranty of Fitness for a Particular Purpose

RCW 62A.2-315 creates an implied warranty of fitness when specific circumstances align. If a dealer has actual knowledge that the consumer intends to use the vehicle for a particular purpose and the consumer expressly or impliedly relies on the dealer's expertise and judgment regarding the vehicle's suitability for that purpose, an implied warranty arises that the vehicle will prove fit for the stated or reasonably apparent intended use.

Magnuson-Moss Warranty Act

The federal Magnuson-Moss Warranty Act provides consumers with federal remedies when dealers or manufacturers breach express written warranty obligations on used motor vehicles. Consumers may recover actual damages incurred from warranty breaches, reasonable attorney fees, and expert witness costs. A fundamental provision of this federal statute preserves the enforceability of implied warranties and prohibits sellers from using "as is" language or other disclaimers to eliminate implied warranty protections when written warranties or service contracts accompany vehicle purchases.

FTC Used Car Rule

Federal regulations require dealers to display a Buyer's Guide on each used vehicle offered for retail sale. The disclosure must clearly communicate whether the vehicle carries dealer warranty protection or is sold without warranty coverage. When warranties apply, the guide must identify covered mechanical systems and components, specify warranty duration, delineate the percentage of repair expenses the dealer assumes versus the consumer's responsibility, and recommend independent mechanical inspections and vehicle history verification before purchase completion.

Understanding "As Is" Sales in Washington

Washington permits dealers to sell used vehicles with limited or no warranty protections, but the state imposes stringent requirements governing when such sales lawfully eliminate consumer protections. An "as is" designation does not automatically strip buyers of implied warranty rights or authorize dealers to misrepresent vehicle condition.

What "As Is" Means for Buyers

When a consumer purchases a used vehicle designated "as is" with valid waiver documentation:

• The dealer declines responsibility for mechanical repairs or defective component replacement following sale completion
• The buyer assumes all financial risk associated with mechanical failures, system malfunctions, and performance defects
• The buyer receives no dealer-provided warranty protections covering vehicle condition or mechanical performance, except where federal law preserves such protections
• Remedies for defects discovered after delivery are generally unavailable unless the dealer engaged in fraud, misrepresentation, or deceptive practices

Limited Dealer Disclosure Requirements

Even when permitted to sell vehicles "as is," dealers must comply with mandatory federal disclosure obligations. The FTC Buyer's Guide must display "As Is—No Dealer Warranty" when no warranty coverage applies. Dealers cannot provide false information about the vehicle's mechanical condition, prior collision damage, odometer readings, or title classification. Verbal promises or assurances made during negotiations do not override written "as is" terms and cannot modify the sales agreement's documented warranty disclaimer language.

Limited Exceptions to "As Is" Sales

Despite "as is" language in purchase agreements, buyers retain actionable legal claims against dealers when dealers:

• Furnish false or misleading statements regarding the vehicle's mechanical functionality or operational characteristics
• Conceal known material defects affecting vehicle safety or ordinary use
• Provide inaccurate information concerning odometer readings or prior accident history
• Misrepresent title status, including improper branding, flood designation, or salvage classification
• Engage in odometer tampering
• Violate mandatory federal disclosure requirements

Filing a Consumer Complaint

Office of the Attorney General of Washington
Consumer Protection Division
800 Fifth Avenue, Suite 2000, Seattle, WA 98104
Phone: (206) 464-6684
Toll-free: (800) 551-4636 (Washington residents only)
Official Website: Consumer Protection Division