Proposed Bill Would Create ‘Unwaivable’ Warranty for Used Vehicles
Most people are aware of various types of warranties regarding vehicle purchases in Washington state. A proposed law would add to used vehicle warranties that don't have existing factory or after-market protection.
A proposed bill would make new limited warranties 'un-waivable'
For warranties on used vehicles, we've all seen the "as-is no warranty" signs on some older vehicles. However, in WA state there is an implied warranty that applies to every pre-owned vehicle. According to the WA State Attorney General's office:
"..every used car sold by a dealer in Washington for a customer’s personal use has an "implied warranty of merchantability.” This means that the dealer promises the used car will be fit for ordinary driving purposes, reasonably safe, without major defects, and of the average quality of similar cars available for sale in the same price range."
Now a new bill pushed by WA AG Bob Ferguson and introduced by Dem House Rep David Hackney (Tukwila) would add mandatory limited warranty periods to pre-owned vehicles. According to information from the AG's Office, this new bill would add this to used vehicle purchases:
"When used cars break down or malfunction shortly after purchase, Washingtonians will have the right to a full refund, or the dealer must cover most of the costs of mechanical repairs."
How would this new requirement be enforced?
HB 1184 (House bill|) would apply the following sliding scale for used vehicle sales in WA state:
"...vehicles with 40,000 miles or less will have 90 days or 3,750 miles of coverage depending which number the car buyer hits first. Between 40,000 to 79,999 miles the coverage is limited to 60 days or 2,500 miles. Between 80,000 to 124,999 miles the coverage is limited to 30 days or 1,250 miles. Vehicles with over 125,000 miles would have no warranty protections." |(from WA AG summary)
This will would only apply to vehicles that are 20 years old or newer.
Consumers who choose to have the vehicle fixed within the time or mileage window would have their out-of-pocket repair expenses capped at $200
Ferguson's information release says this new protection is needed because dozens of WA buyers were pressured or asked by dealers to waive the implied warranty previously mention in our story., only to see their vehicle break down.
This new warranty, if the legislation passes, cannot be waived by any dealer.
The AG's office says between January 2021 and July 2022, 557 drivers filed complaints with the AG's office concerning used vehicle issues.