It is a violation of dealer licensing regulations for a dealer to sell a car that cannot be safely operated on public highways (RCW 46.70.101(1)(b)(viii)).  This means that the car must at least have working headlights, taillights, brake lights, turn signals, brakes, wipers, a windshield without cracks that substantially obstruct the driver's field of view and tires with a minimum tread of 2/32 of an inch.  Because it is also illegal to operate an unsafe motor vehicle on public roads and highways, a vehicle owner also bears responsibility and liability for the condition of the car.

Prior to agreeing to buy a vehicle that meets your needs, take the used vehicle to a mechanic you trust to have the engine, other mechanical parts and safety equipment inspected and tested. When a dealer or private party is reluctant or refuses to allow an independent inspection of the vehicle, you should seriously reconsider whether this is the car or truck for you.  You may also consider the following actions before making a decision about purchasing a vehicle:

• Test Drive First - Before you buy a used vehicle you should thoroughly examine the vehicle and go for a test drive. A valuable and informative test drive should be more than a demonstration drive where the salesperson explains the features of the vehicle.  A test drive should be a sampling of the vehicle's mechanical operating condition. This means that you should drive the vehicle as you would under every day driving conditions — freeway, in-city, hills etc
• Check the Gauges - You should check the operation of all electrical and comfort amenities (windows, lights and turn signals, defroster, heater and air conditioner), blow the horn, check the brakes by coming to a controlled emergency stop, and listen to the engine accelerate when entering on to the freeway and on hills
• Complete a Visual Inspection - Do a complete visual inspection of the vehicle; look under the vehicle for any signs of frame damage or collision repairs, any flood damage and any missing, loose or ill fitting body parts; check the engine compartment and trunk for fresh paint that might reveal prior damage or signs of flood damage
• Check it out with Your Mechanic - If the vehicle passes your test, take it for an inspection by a qualified mechanic of your choosing. The mechanic should check the brakes, electrical system, compression, transmission, and every other system on the vehicle, especially any which caught your attention during the test drive. You should also consider an emissions control system inspection and test.  Inspections may cost you some money, but if the mechanic discovers a major defect, you have saved yourself a big problem and a lot of money.  When an inspection reveals only minor defects, you can use that information to negotiate either a lower purchase price or get the dealer to agree, in writing, to fix the items before purchase.

The more that you know about a vehicle before you buy, the greater the likelihood that you will have picked the best vehicle to meet your needs.  Before you buy is the time to test the vehicle!

Most used vehicles are offered by dealers "as is."  If you explicitly negotiate and knowingly accept such an offer, you give up your implied warranty of merchantability.  Nothing in any law requires you to sign a waiver of your implied warranty rights under any circumstances.

You waive the implied warranty only if:

1. The dealer explicitly discussed warranty terms with you
2. You are accurately informed of the consequences of purchasing the vehicle "as is" (i.e. the waiver lists the particular qualities and characteristics of the vehicle that will not be covered)
3. You do not purchase an extended service contract; and finally,
4. You knowingly and voluntarily assume all risk for costs of repairs due to defects in the vehicle.

If you waive the implied warranty and the vehicle breaks down, you will be responsible for all repairs!  If the vehicle breaks down one minute or one mile from the dealership, you will still be responsible for all repairs!  Buying a vehicle "as is" means you are assuming all responsibility for the repair and maintenance of the vehicle! As an informed buyer, you should consider whether negotiating away your implied warranty rights is really in your best interests.  Buying a car "as is," you will not have any warranty and little if any recourse against the dealer if the vehicle turns out to have substantial problems.

Every vehicle sold in Washington by a dealer has an "implied" warranty that the vehicle will be fit for ordinary driving purposes. That means the vehicle must be fit for ordinary driving purposes, free of major defects, reasonably safe, and of the average quality of similar vehicles available for sale in that price range.

The duration and extent of an implied warranty is conditioned on the age, mileage and price of the vehicle as well as the nature and timing of the problem. A dealer cannot waive your warranty rights without your knowledge.

• The use of an “as-is” sticker in the window of a car for sale does not circumvent your implied warranty rights.
• Consumers must knowingly agree to waive their implied warranty rights.
• There must be a written record of any discussion of a waiver — get all promises in writing.
• The consumer must be given a written waiver that specifically details what characteristics or parts of the car are not covered under a warranty.
• A discussion of size, style, color, power and model, extra equipment and price in a car is not an explicit negotiation of a waiver of implied warranty rights.
• The consumer must know what they are giving up before the consumer can waive their implied warranty rights.
• The burden is upon the dealer to show effective disclaimer or waiver of the implied warranty.

Note: Lemon Law does not apply to Used Motor Vehicle Sales, only new vehicles less than 2 years old.

You may be encouraged by the dealer to buy an extended service contract for the vehicle. If you purchase an extended service contract, the dealer is not allowed to disclaim the Implied Warranty of Merchantability; that is, the vehicle cannot be sold "as is" (see the notice requirements in RCW 48.110.075 (2)(e)(iv).

Before you visit a dealership, you should find out what service contracts are generally available in your area and compare the extent of coverage, the maintenance requirements to keep the policy in force and the cost.  You may request copies of various contracts offered by the dealership before you buy.  You may cancel any extended service contract at any time and receive a refund.  If you cancel within 10 days, you should receive a full refund.  A full refund minus a cancellation fee must be provided to you if you cancel more than 10 days but less than 30 days of purchase and have made no claims under the contract.  After 30 days from purchase, a pro-rated refund should be calculated on either time or mileage minus a cancellation fee. 

By law a company offering a service contract must be registered with the Office of the Insurance Commissioner.  The name and address of the service contract obligor, the policy number and how to file a claim under the service contract must be clearly stated on the contract.  When deciding on a service contract, examine the contract itself rather than making up your mind on the basis of a brochure or a salesperson's statements.  Check for overlapping or duplicate coverage in the service contract that you may already have under any remaining manufacturer warranty.  You should consider whether saving the price of the service contract and "insuring" yourself would be more cost effective.

Documentary Service Fees is an optional fee that can be charged under Washington State Legislation RCW 46.70.180 with a maximum amount of $200. This fee is typically used for the administrative costs of the dealership during a vehicle transaction and must be disclosed in writing and advertisement, including internet-related pages.

The Documentary Service Fees, or Doc Fees, are negotiable amounts

Stating these are required fees and not negotiable is illegal according to Washington State law and the Office of the Attorney General of Washington.

The most common myth of consumer law is that auto buyers have a three-day “cooling off” right to cancel a purchase.  There is no three-day right of cancellation when purchasing a vehicle at the dealer’s main place of business.

When an In-State resident purchases a vehicle in Washington State, the dealership will provide the vehicle with 45-day Temporary Permits. These permits will allow the vehicle to be driven while the vehicle's new license plates are processed and sent to the customer.

The 45-day Temporary Permits are issued in a set to be mounted on the front and rear of the license plate brackets only. These permits cannot be in any location other than the license plate positions on a vehicle.

If a consumer is stopped by law enforcement, the consumer will be issued a citation. 

What happens if a customer loses one or both of the 45-day Temporary Permits before the license plates are available?

If a customer loses their temporary plates or they get stolen, you should:

• File a police report.
• Request the dealership revoke the temporary license plate through their system and identify it as stolen.
• If you can’t transfer the vehicle right away, tell the customer to visit the nearest vehicle licensing office with the following:
  • A copy of the police report.
  • A copy of the purchase order.
  • The temporary license plate number.

Vehicle licensing offices will provide the customer with one 15-day department-issued temporary permit.

RCW 46.70.180

Independent auto dealers are generally not capable of completing Motor Vehicle Recalls issued by the NHTSA. Auto dealers that can complete a recall should do this before the vehicle is sold to a customer or have steps taken to ensure the customer can have the recall completed when necessary components are available.

Some recalls require specialized parts from the manufacturer that can be processed at franchise dealerships with the specialty tools necessary to complete the replacement.

As of July 1st, 2024, Washington State Legislation's SB 5504 requires the Department of Licensing and vehicle inspection facilities to notify vehicle owners of any open safety recalls at the time of inspection or registration/renewal.

If you respond to a classified ad and the seller has several cars for sale but does not have a car lot or showroom, you may be dealing with a “curbstoner,” who is an unlicensed auto dealer.  Under state law, anyone who sells five or more vehicles in a 12 month period must obtain a dealer's license (RCW 46.70.021). Licensing requirements exist to protect buyers from problems such as vehicle title transfer difficulties; buying unregistered, wrecked or rebuilt cars; and purchasing a car with a “rolled-back” odometer.  Curbstoners do not become licensed as a dealer and often take advantage of consumers while trying to avoid detection from the violations they commit. 

Private sellers also often advertise in the classified sections of newspapers.  In the case of legitimate private (non-dealer) sales, you should put the purchase and sale agreement in writing.  It should include a description of the vehicle, the price, a statement that the seller has clear title to the vehicle and all other representations and promises.

No matter whom you buy from, insist on a thorough test drive and independent mechanical inspection before you negotiate the price and other terms.

When a consumer has an issue with a dealership, it is recommended to speak to the dealership directly before proceeding with a complaint. Professional dealerships and their staff will work with a consumer on an issue and attempt to resolve any situation.

If a dealership is unresponsive to a consumer's concerns, the consumers are welcome to file complaints with several state agencies and this Association. A consumer complaint form is available that the bottom of this page for convenience.

• Department of Licensing Dealer Complaint: Website
• Attorney General of Washington Consumer Complaint Division: Website

Note: There are standard timeframes for investigations when a complaint is made to any of the state agencies. The investigations may take at least 20 days before a resolution is provided.

Coming shortly....