Revised Code of Washington
Chapter 46.70 - Dealers and Manufacturers.
46.70.190 - Civil actions for violations—Injunctions—Claims under Federal Automobile Dealer Franchise Act—Time limitation.

RCW 46.70.190
Civil actions for violations—Injunctions—Claims under Federal Automobile Dealer Franchise Act—Time limitation.

Any person who is injured in his or her business or property by a violation of this chapter, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in the superior court to enjoin further violations, to recover the actual damages sustained by him or her together with the costs of the suit, including a reasonable attorney's fee.
If a new motor vehicle dealer recovers a judgment or has a claim dismissed with prejudice against a manufacturer under RCW 46.96.040 or 46.96.050(3) or this section, the new motor vehicle dealer is precluded from pursuing that same claim or recovering judgment for that same claim against the same manufacturer under the federal Automobile Dealer Franchise Act, 15 U.S.C. Sections 1221 through 1225, but only to the extent that the damages recovered by or denied to the new motor vehicle dealer are the same as the damages being sought under the federal Automobile Dealer Franchise Act. Likewise, if a new motor vehicle dealer recovers a judgment or has a claim dismissed with prejudice against a manufacturer under the federal Automobile Dealer Franchise Act, the dealer is precluded from pursuing that same claim or recovering judgment for that same claim against the same manufacturer under this chapter, but only to the extent that the damages recovered by or denied to the dealer are the same as the damages being sought under this chapter.
A civil action brought in the superior court pursuant to the provisions of this section must be filed no later than one year following the alleged violation of this chapter.

[ 2010 c 8 § 9085; 1989 c 415 § 21; 1986 c 241 § 19; 1973 1st ex.s. c 132 § 19; 1967 ex.s. c 74 § 21.]

Structure Revised Code of Washington

Revised Code of Washington

Title 46 - Motor Vehicles

Chapter 46.70 - Dealers and Manufacturers.

46.70.005 - Declaration of purpose.

46.70.011 - Definitions.

46.70.021 - License required for dealers or manufacturers—Penalties.

46.70.023 - Place of business.

46.70.025 - Established place of business—Waiver of requirements.

46.70.027 - Accountability of dealer for employees—Actions for damages on violation of chapter.

46.70.028 - Consignment.

46.70.029 - Listing dealers, transaction of business.

46.70.031 - Application for license—Form.

46.70.041 - Application for license—Contents.

46.70.042 - Application for license—Retention by department—Confidentiality.

46.70.045 - Denial of license.

46.70.051 - Issuance of license—Private party dissemination of vehicle database.

46.70.055 - Wholesale vehicle dealer licenses.

46.70.061 - Fees—Disposition.

46.70.070 - Dealers—Bond required, exceptions—Actions—Cancellation of license.

46.70.075 - Manufacturers—Bond required—Actions—Cancellation of license.

46.70.079 - Education requirements.

46.70.083 - Expiration of license—Renewal—Certification of established place of business.

46.70.085 - Licenses—Staggered renewal.

46.70.090 - License plates—Use.

46.70.101 - Denial, suspension, or revocation of licenses—Grounds.

46.70.102 - Denial, suspension, or revocation of licenses—Notice, hearing, procedure.

46.70.111 - Investigations or proceedings—Powers of director or designees—Penalty.

46.70.115 - Cease and desist orders—Penalty, "curbstoning" defined.

46.70.120 - Record of transactions.

46.70.122 - Duty when purchaser or transferee is a dealer.

46.70.124 - Evidence of ownership for dealers' used vehicles—Consignments.

46.70.125 - Used vehicles—Asking price, posting or disclosure.

46.70.130 - Details of charges must be furnished buyer or mortgagor.

46.70.132 - Manufactured home sale—Implied warranty.

46.70.134 - Manufactured home installation—Warranty, state installation code.

46.70.135 - Mobile homes—Warranties and inspections—Delivery—Occupancy—Advertising of dimensions.

46.70.140 - Handling "hot" vehicles—Unreported motor "switches"—Unauthorized use of dealer plates—Penalty.

46.70.160 - Rules and regulations.

46.70.170 - Penalty for violations.

46.70.180 - Unlawful acts and practices.

46.70.183 - Notice of bankruptcy proceedings.

46.70.190 - Civil actions for violations—Injunctions—Claims under Federal Automobile Dealer Franchise Act—Time limitation.

46.70.220 - Duties of attorney general and prosecuting attorneys to act on violations—Limitation of civil actions.

46.70.230 - Duties of attorney general and prosecuting attorneys to act on violations—Assurance of compliance—Filing.

46.70.240 - Penalties—Jurisdiction.

46.70.250 - Personal service of process outside state.

46.70.260 - Application of chapter to existing and future franchises and contracts.

46.70.270 - Provisions of chapter cumulative—Violation of RCW 46.70.180 deemed civil.

46.70.290 - Mobile homes and persons engaged in distribution and sale.

46.70.300 - Chapter exclusive—Local business and occupation tax not prevented.

46.70.310 - Consumer Protection Act.

46.70.320 - Buyer's agents.

46.70.330 - Wholesale motor vehicle auction dealers.

46.70.340 - Issuance of temporary subagency licenses for recreational vehicle shows.

46.70.900 - Liberal construction.