How do I get a refund or warranty repair for a defective product in Washington?

What Washington law says

For new motor vehicles, the manufacturer must provide owners' manuals and written warranties, and dealers must give consumers a written statement of rights under the motor vehicle warranties act, under Wash. Rev. Code § 19.118.031. If a vehicle cannot be made to conform after a reasonable number of repair attempts, the manufacturer must, within forty calendar days of a consumer's written request to the manufacturer's corporate, dispute resolution, zone, or regional office, replace or repurchase the vehicle, with rules about refunds, replacements, and offsets for use under Wash. Rev. Code § 19.118.041. For new wheelchairs, a defect reported and made available for repair within one year must be repaired, and if repairs fail the manufacturer must replace or refund subject to specified allowances for use under Wash. Rev. Code § 19.184.030. Remedies for fraud or material misrepresentation under the commercial code include all nonfraud breach remedies, including rescission and damages, under Wash. Rev. Code § 62A.2-721. Federal warranty law supports dispute settlement procedures in written warranties under 15 U.S.C. § 2310. Washington law treats unfair or deceptive practices affecting the public interest as enforceable under the consumer protection act, with some chapters enforced by the attorney general, under Wash. Rev. Code § 19.415.060. Washington cases recognize recovery for breach of warranty, consequential damages that are reasonably foreseeable, and that deceptive acts need only have a tendency to mislead to violate consumer protection law (see cases such as Lidstrand v. Silvercrest Industries, 28 Wash. App. 359, 623 P.2d 710 (Wash. Ct. App. 1981), Testo v. Russ Dunmire Oldsmobile, Inc., 16 Wash. App. 39, 554 P.2d 349 (Wash. Ct. App. 1976), and others).

What to do

1. A common first step is to contact the seller or manufacturer and request repair or refund under the written warranty and keep records of dates, communications, invoices, and repair attempts.
2. A common next step is to send a written demand to the manufacturer's corporate, dispute resolution, zone, or regional office asking for the remedy provided by the applicable statute or warranty.
3. A common option is to use any informal dispute settlement procedure that is part of a written warranty, noting federal rules that govern those procedures under 15 U.S.C. § 2310.
4. A common step people take is to document any losses that may be recoverable as consequential damages and reference commercial code remedies for misrepresentation or breach.
5. Some consumers contact the state attorney general's consumer protection office when unfair or deceptive practices are involved, since certain statutes are enforced under the consumer protection act.

Grounded in current Washington law

• statuteWash. Rev. Code § 19.118.031
• statuteWash. Rev. Code § 62A.2-721
• statuteWash. Rev. Code § 19.118.041
• statuteWash. Rev. Code § 19.184.030
• statuteWash. Rev. Code § 19.415.060
• statute15 U.S.C. § 2310
• caseLidstrand v. Silvercrest Industries
• caseTesto v. Russ Dunmire Oldsmobile, Inc.
• caseJohnston v. Beneficial Management Corp. of America
• caseLightfoot v. MacDonald

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