# RCW 19.118.095: RCW 19.118.095: Arbitration decision—Compliance—Accomplishment—Dispute—Failure—Fine—Costs—Attorneys' fees > Washington · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S095 ## Section - **Citation:** RCW 19.118.095 - **Heading:** RCW 19.118.095: Arbitration decision—Compliance—Accomplishment—Dispute—Failure—Fine—Costs—Attorneys' fees - **Jurisdiction:** Washington - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Code / Title 19 / Chapter 118 / Section 095 ## Text (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 of damage other than that related to any nonconformity, defect, or condition to which a warranty applied, or that can reasonably be expected in the use of the vehicle for ordinary or reasonably intended purposes and in consideration of the miles traveled by the vehicle. Any insurance claims or settlement proceeds for repair of damage to the vehicle due to fire, theft, vandalism, or collision must be assigned to the manufacturer or, at the consumer's option, the repair must be completed before return of the vehicle to the manufacturer. The consumer may not remove any equipment or option that was included in the original purchase or lease of the vehicle or that is otherwise included in the repurchase or replacement award. In removing any equipment not included in the original purchase or lease, the consumer shall exercise reasonable care to avoid further damage to the vehicle but is not required to return the vehicle to original condition. (b) At the time of compliance with an arbitration board decision that awards repurchase, the manufacturer shall make full payment to the consumers and either the lessor or lienholder, or both, or provide verification to the consumer of prior payment to either the lessor or lienholder, or both. At the time of compliance with an arbitration board decision that awards replacement, the manufacturer shall provide the replacement vehicle together with any refund of incidental costs. (c) At any time before compliance a party may request the attorney general to resolve disputes regarding compliance with the arbitration board decision including but not limited to time and place for compliance, condition of the vehicle to be returned, clarification or recalculation of refund amounts under the award, or a determination if an offered vehicle is reasonably equivalent to the vehicle being replaced. The attorney general may resolve the dispute or refer compliance-related disputes to the board pursuant to RCW 19.118.160 for a compliance dispute hearing and decision. In resolving compliance disputes the attorney general or board may not review, alter, or otherwise change the findings of a decision or extend the time for compliance beyond the time necessary to resolve the dispute. (d) Failure of the consumer to make the vehicle available within sixty calendar days in response to a manufacturer's unconditional tender of compliance is considered a rejection of the arbitration decision by the consumer, except as provided in (c) of this subsection or subsection (2) of this section. (2) If, at the end of the forty calendar day period, neither compliance with nor a petition to appeal the board's decision has occurred, the attorney general may impose a fine of up to one thousand dollars per day until compliance occurs or a maximum penalty of one hundred thousand dollars accrues unless the manufacturer can provide clear and convincing evidence that any delay or failure was beyond its control or was acceptable to the consumer as evidenced by a written statement signed by the consumer. If the manufacturer fails to provide the evidence or fails to pay the fine, the attorney general may initiate proceedings against the manufacturer for failure to pay any fine that accrues until compliance with the board's decision occurs or the maximum penalty of one hundred thousand dollars results. If the attorney general prevails in an enforcement action regarding any fine imposed under this subsection, the attorney general is entitled to reasonable costs and attorneys' fees. Fines and recovered costs and fees shall be returned to the new motor vehicle arbitration account. ## Nearby sections - [RCW 19.118.005 RCW 19.118.005: Legislative intent.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S005.md) - [RCW 19.118.010 RCW 19.118.010: Motor vehicle manufacturers—Express warranties—Service and repair facilities.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S010.md) - [RCW 19.118.021 RCW 19.118.021: Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S021.md) - [RCW 19.118.031 RCW 19.118.031: Manufacturers and new motor vehicle dealers—Responsibilities to consumers—Extension of eligibility period.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S031.md) - [RCW 19.118.041 RCW 19.118.041: Replacement or repurchase of nonconforming new motor vehicle—Reasonable number of attempts—Notice by consumer regarding motor home nonconformity—Liabilities and rights of parties—Application of consumer protection act.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S041.md) - [RCW 19.118.061 RCW 19.118.061: Vehicle with nonconformities or out of service—Notification of correction—Resale or transfer of title—Issuance of new title—Disclosure to buyer—Intervening transferor.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S061.md) - [RCW 19.118.070 RCW 19.118.070: Remedies.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S070.md) - [RCW 19.118.080 RCW 19.118.080: New motor vehicle arbitration boards—Arbitration proceedings—Prerequisite to filing action in superior court.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S080.md) - [RCW 19.118.090 RCW 19.118.090: Request for arbitration—Eligibility—Manufacturer's response—Defenses—Remedies—Acceptance or appeal.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S090.md) - [RCW 19.118.095 RCW 19.118.095: Arbitration decision—Compliance—Accomplishment—Dispute—Failure—Fine—Costs—Attorneys' fees.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S095.md) - [RCW 19.118.100 RCW 19.118.100: Trial de novo—Posting security—Recovery.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S100.md) - [RCW 19.118.110 RCW 19.118.110: Arbitration fee—New motor vehicle arbitration account—Report by attorney general.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S110.md) - [RCW 19.118.120 RCW 19.118.120: Application of consumer protection act.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S120.md) - [RCW 19.118.130 RCW 19.118.130: Waivers, limitations, disclaimers—Void.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S130.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T19_C118_S095. 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