Title 19 — Title 19 BUSINESS REGULATIONS—MISCELLANEOUS

RCW 19.112.005 through 19.112.080 shall constitute a new chapter in Title 19 RCW and may be cited as the motor fuel quality act.[ 1990 c 102 s 11.]

This act shall take effect on July 1, 1990.[ 1990 c 102 s 12.]

This act takes effect July 1, 2006.[ 2006 c 338 s 16.]

The legislature finds that the practices of unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles have a substantial negative impact on the state's financial institutions and other businesses engaged in the financing and leasing of motor vehicles.[ 1…

The legislature finds that the practice of unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.[ 1990 c 44 s 2.]

The definitions set forth in this section apply throughout this chapter, unless the context requires otherwise:(1) "Debtor" has the meaning set forth in RCW 62A.9A-102.(2) "Motor vehicle" means a vehicle required to be registered under chapter 46.16A RCW.(3) "Person" means an ind…

Unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consum…

(1) It is a violation of this chapter for a vehicle dealer, as defined in RCW 46.70.011, to engage in the unlawful transfer of an ownership interest in motor vehicles.(2) It is a violation of this chapter for a person to engage in the unlawful subleasing of motor vehicles.[ 2025 …

A dealer engages in an act of unlawful transfer of ownership interest in motor vehicles when all of the following circumstances are met:(1) The dealer does not pay off any balance due to the secured party on a vehicle acquired by the dealer, no later than the close of the second …

A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met:(1) The motor vehicle is subject to a lease contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor …

(1) A person engages in an act of unlawful subleasing of a motor vehicle when the person is not a party to the lease contract or security agreement, and assists, causes, or arranges an actual or purported assignment as described in RCW 19.116.060.(2) A dealer engages in an act of…

(1) Unlawful subleasing of a motor vehicle is a class C felony punishable under chapter 9A.20 RCW.(2) Unlawful transfer of an ownership interest in a motor vehicle is a class C felony punishable under chapter 9A.20 RCW.[ 2003 c 53 s 157; 1990 c 44 s 9.]Notes:Intent—Effective date…

A violation of this chapter constitutes an act of criminal profiteering, as defined in RCW 9A.82.010.[ 1990 c 44 s 10.]

(1) Any one or more of the following persons who suffers damage proximately resulting from one or more acts of unlawful motor vehicle subleasing or unlawful transfer of an ownership interest in a motor vehicle may bring an action against the person who has engaged in those acts:(…

(1) The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract or security agreement, by an individual who is a party to the lease …

The penalties under this chapter are in addition to any other remedies or penalties provided by law for the conduct proscribed by this chapter.[ 1990 c 44 s 13.]

The legislature recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer. The legislature further recognizes that good cooperation and communication between a manufac…

Every manufacturer of motor vehicles sold in this state and for which the manufacturer has made an express warranty shall maintain in this state sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of t…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Board" means new motor vehicle arbitration board.(2) "Collateral charges" means any sales or lease related charges including but not limited to sales tax, use tax, ar…

(1) The manufacturer shall publish an owner's manual and provide it to the new motor vehicle dealer or leasing company. The owner's manual shall include a list of the addresses and phone numbers for the manufacturer's customer assistance division, or zone or regional offices. A m…

(1) If the manufacturer, its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within forty calendar days of a consumer's written …

(1) A manufacturer is prohibited from reselling any motor vehicle determined or adjudicated as having a serious safety defect unless the serious safety defect has been corrected and the manufacturer warrants upon the first subsequent resale that the defect has been corrected.(2) …

The remedies provided under this chapter are cumulative and are in addition to any other remedies provided by law.[ 1983 c 240 s 7.]

(1) Except as provided in RCW 19.118.160, the attorney general shall contract with one or more entities to conduct arbitration proceedings in order to settle disputes between consumers and manufacturers as provided in this chapter, and each entity shall constitute a new motor veh…

(1) A consumer may request arbitration under this chapter by submitting the request to the attorney general. Within ten days after receipt of an arbitration request, the attorney general shall make a reasonable determination of the cause of the request for arbitration and provide…

(1) Compliance with an arbitration board decision under this chapter must be accomplished at a time, place, and in a manner to be determined by the mutual agreement of the consumer and manufacturer.(a) The consumer shall make the motor vehicle available to the manufacturer free o…

(1) The consumer or the manufacturer may request a trial de novo of the arbitration decision, including a rejection, in superior court.(2) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financial loss due to the passage of …

If the new motor vehicle will be registered in the state of Washington, a three-dollar arbitration fee shall be collected by either the new motor vehicle dealer or vehicle lessor from the consumer upon execution of a retail sale or lease agreement. The fee shall be forwarded to t…

The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preserva…

Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in RCW 19.118.021 through 19.118.140 shall be void as contrary to public policy. Said rights shall extend to a subsequent transferee of such new…

Nothing in this chapter limits the consumer from pursuing other rights or remedies under any other law.[ 1987 c 344 s 12.]

If a manufacturer has established an informal dispute resolution settlement procedure which substantially complies with the applicable provision of Title 16, Code of Federal Regulations Part 703, as from time to time amended, a consumer may choose to first submit a dispute under …

If the attorney general is unable to contract with one or more entities to conduct arbitrations, the attorney general shall establish an arbitration program and conduct arbitrations under the procedures and standards established in this chapter.[ 2009 c 351 s 9; 1989 c 347 s 9; 1…

Notwithstanding RCW 46.12.635, the department of licensing shall make available to the registered owner all title history information regarding the vehicle upon request of the registered owner and receipt of a statement that he or she is investigating or pursuing rights under thi…

(1) Section 9 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 1, 1987.(2) Sections 2 through 8, 10 through 12, and 14 through 16 o…

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1989.[ 1989 c 347 s 11.]

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Advertisement" means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar comm…

Notwithstanding the terms of any motor fuel franchise, a motor fuel refiner-supplier shall not absolutely prohibit or unreasonably withhold its consent to any sale, assignment, or other transfer of the motor fuel franchise by a motor fuel retailer to a third party without fairly …

Notwithstanding the terms of any motor fuel franchise, no motor fuel refiner-supplier may prohibit or prevent the sale, assignment, or other transfer of the motor fuel franchise to a corporation in which the motor fuel retailer has and maintains a controlling interest if the moto…

Notwithstanding the terms of any motor fuel franchise, the interest of a motor fuel retailer under such an agreement shall be considered personal property and shall devolve on the death of the motor fuel retailer to a designated successor in interest of the retailer, limited to t…

Notwithstanding the terms of any motor fuel franchise, the motor fuel retailer shall be given the right of first refusal to purchase the real estate and/or improvements owned by the refiner-supplier at the franchise location, and at least thirty days' advance notice within which …

Notwithstanding the terms of any motor fuel franchise, no motor fuel refiner-supplier may:(1) Require any motor fuel retailer to meet mandatory minimum sales volume requirements for fuel or other products unless the refiner-supplier proves that its price to the motor fuel retaile…

It is unlawful for any person in connection with the offer, sale, or purchase of any motor fuel franchise directly or indirectly:(1) To sell or offer to sell a motor fuel franchise in this state by means of any written or oral communication which includes an untrue statement of a…

Without limiting the other provisions of this chapter, the following specific rights and prohibitions shall govern the relation between the motor fuel refiner-supplier and the motor fuel retailers:(1) The parties shall deal with each other in good faith.(2) For the purposes of th…

(1) Any person who sells or offers to sell a motor fuel franchise in violation of this chapter shall be liable to the motor fuel retailer or motor fuel refiner-supplier who may sue at law or in equity for damages caused thereby for rescission or other relief as the court may deem…

The pendency of any civil, criminal, or administrative proceedings against a person brought by the federal or Washington state governments or any of their agencies under the anti-trust laws, the Federal Trade Commission Act, or any federal or state act related to anti-trust laws …

Any motor fuel retailer who is injured in his or her business by the commission of any act prohibited by this chapter, or any motor fuel retailer injured because of his or her refusal to accede to a proposal for an arrangement which, if consumated, would be in violation of this c…

(1) The attorney general may bring an action in the name of the state against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful. The prevailing party may in the discretion of the court recover the costs of such action including a…

In any proceeding under this chapter, the burden of proving an exception or an exemption from definition is upon the person claiming it. Any condition, stipulation or provision purporting to bind any person acquiring a motor fuel franchise at the time of entering into a motor fue…

This chapter shall be known as the "gasoline dealer bill of rights act."[ 1986 c 320 s 19.]