District of Columbia Lemon Law

The District of Columbia state lemon law is located in the DC legal code in DIVISION VIII, TITLE 50, SUBTITLE II. CHAPTER 5. The District of Columbia covers new motor vehicles that are in the period of their first 18,000 miles of operation or still within the first two years of the purchase, whichever comes first.

The consumer receives DC lemon law protection for the first 24 months or 18,000 miles after the purchase of the vehicle. The manufacturer guarantees in the warranty that the car should run as promised and if does not it will take the necessary steps to fix it. If the vehicle is having problems of nonconformity, then the consumer is entitled under law to receive a refund or replacement. Nonconformity is not defined in the text, but in §50-502 the law states the manufacturers are to repair “any nonconformity, correct defect, or condition which results in significant impairment of the motor vehicle.” However, the manufacturer must have a reasonable number of attempts to repair or fix the nonconformities of the vehicle. If shall be presumed that a reasonable number of attempts have been made on the vehicle, if:

• The manufacturer, its agent, or authorized dealer has had at least four attempts to fix a problem of nonconformity, which is non-safety related.
• The manufacturer, its agent, or authorized dealer has had at least one attempt to fix a problem of nonconformity, which is safety related.
• The vehicle has been out of service for nonconformity repairs for a cumulative of 30 or more days, unless repair could not be performed due to circumstances beyond the manufacturer’s control such as natural disasters or war.

In order for a consumer to seek a refund or replacement in the District of Columbia, he must first submit a lemon claim to the Board of Consumer Claims Arbitration. The board may either reject the claim or proceed to arbitration. If the board rejects the claim, then the consumer is free to proceed to civil court. If the case is arbitrated and the consumer is not satsified with the results, then again the consumer may head to court. The two defenses the manufacturer may use against the lemon claim are (§50-502):

1. The nonconformity, defect, or condition does not significantly impair the vehicle.
2. The nonconformity, defect, or condition is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle.

If the consumer wins the case they are entitled to a refund or replacement. A refund shall include full purchase price, including all sales tax, license fees, registration fees, and/or any other government charges. A deduction may be made to this value by subtracting 10 cents off for every mile the vehicle has driven past 12,000 and for any damage not from the normal wear and tear that wasn’t caused by the nonconformity.

For lemon vehicles returned in DC, the manufacturer, its agent, or authorized dealer must notify the Department of Public Works that is has been returned. The Department of Public Works will note that car has been returned on every certificate of the title for the vehicle. The dealer who eventually sales the lemon vehicle back into the market must notify the prospective consumer of its past before the sales contracted is signed.

For all used vehicles in DC, written notice must be provided to the prospective consumer about past mechanical defects or any other damage the vehicle has sustained for which the costs of repairs have exceeded $1,000. The dealer must also notify the consumer if it has ever conducted an inspection on the used vehicle and if any defects came about from the inspection (§50-505(a)). The purchaser of the used vehicle retains the right to sue the dealer for damages or injuries sustained if the dealer failed to disclose this information (§50-505(c)). The consumer must first go through the Board of Consumer Claims Arbitration. If the consumer is not satisfied with the decision, he may proceed to court for the damages.