Virginia Lemon Law Firms:
This is a list of law firms that are registered as specializing in Virginia lemon law cases.

Virginia Code, § 59.1-207.9 to 207.16:1

59.1-207.9 Short title.

This chapter may be cited as the Virginia Motor Vehicle Warranty Enforcement Act.

59.1-207.10 Intent.

The General Assembly recognizes that a motor vehicle is a major consumer purchase, and there is no doubt that a defective motor vehicle creates a hardship for the consumer. It is the intent of the General Assembly that a good faith motor vehicle warranty complaint by a consumer should be resolved by the manufacturer, or its agent, within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the express warranty issued by the manufacturer. However, nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

59.1-207.11 Definitions.

As used in this chapter, the following terms shall have the following meanings:

"Collateral charges" means any sales-related or lease-related charges including but not limited to sales tax, license fees, registration fees, title fees, finance charges and interest, transportation charges, dealer preparation charges or any other charges for service contracts, undercoating, rust proofing or installed options, not recoverable from a third party. If a refund involves a lease, "collateral charges" means, in addition to any of the above, capitalized cost reductions, credits and allowances for any trade-in vehicles, fees to another to obtain the lease, and insurance or other costs expended by the lessor for the benefit of the lessee.

"Comparable motor vehicle" means a motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase or lease with an offset from this value for a reasonable allowance for its use.

"Consumer" means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle used in substantial part for personal, family, or household purposes, and any person to whom such motor vehicle is transferred for the same purposes during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

"Incidental damages" shall have the same meaning as provided in 8.2-715.

"Lemon law rights period" means the period ending eighteen months after the date of the original delivery to the consumer of a new motor vehicle. This shall be the period during which the consumer can report any nonconformity to the manufacturer and pursue any rights provided for under this chapter.

"Lien" means a security interest in a motor vehicle.

"lien holder" means a person, partnership, association, corporation or entity with a security interest in a motor vehicle pursuant to a lien.

"Manufacturer" means a person, partnership, association, corporation or entity engaged in the business of manufacturing or assembling motor vehicles, or of distributing motor vehicles to motor vehicle dealers.

"Manufacturer's express warranty" means the written warranty, so labeled, of the manufacturer of a new automobile, including any terms or conditions precedent to the enforcement of obligations under that warranty.

"Motor vehicle" means only passenger cars, pickup or panel trucks, motorcycles, self-propelled motorized chassis of motor homes and mopeds as those terms are defined in 46.2-100 and demonstrators or leased vehicles with which a warranty was issued.

"Motor vehicle dealer" shall have the same meaning as provided in 46.2-1500.

"Nonconformity" means a failure to conform with a warranty, a defect or a condition, including those that do not affect the drivability of the vehicle, which significantly impairs the use, market value, or safety of a motor vehicle.

"Notify" or "notification" means that the manufacturer shall be deemed to have been notified under this chapter if a written complaint of the defect or defects has been mailed to it or it has responded to the consumer in writing regarding a complaint, or a factory representative has either inspected the vehicle or met with the consumer or an authorized dealer regarding the nonconformity.

"Reasonable allowance for use" shall not exceed one-half of the amount allowed per mile by the Internal Revenue Service, as provided by regulation, revenue procedure, or revenue ruling promulgated pursuant to 162 of the Internal Revenue Code, for use of a personal vehicle for business purposes, plus an amount to account for any loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from nonconformity to any warranty.

"Serious safety defect" means a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.

"Significant impairment" means to render the new motor vehicle unfit, unreliable or unsafe for ordinary use or reasonable intended purposes.

"Warranty" means any implied warranty or any written warranty of the manufacturer, or any affirmations of fact or promise made by the manufacturer in connection with the sale or lease of a motor vehicle that become part of the basis of the bargain. The term "warranty" pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a motor vehicle for ordinary use or reasonable intended purposes throughout the duration of the lemon law rights period as defined under this section.

59.1-207.12 Conformity to all warranties.

If a new motor vehicle does not conform to all warranties, and the consumer reports the nonconformity to the manufacturer, its agents, or its authorized dealer during the manufacturer's warranty period, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranties, notwithstanding the fact that such repairs are made after the expiration of such manufacturer's warranty period.

59.1-207.13 Nonconformity of motor vehicles.

A. If the manufacturer, its agents or authorized dealers do not conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition, including those that do not affect the drivability of the vehicle, which significantly impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts during the lemon law rights period, the manufacturer shall:

1. Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer, or

2. Accept return of the motor vehicle and refund to the consumer, lessor, and any lien holder as their interest may appear the full contract price, including all collateral charges, incidental damages, less a reasonable allowance for the consumer's use of the vehicle up to the date of the first notice of nonconformity that is given to the manufacturer, its agents or authorized dealer. Refunds or replacements shall be made to the consumer, lessor or lien holder, if any, as their interests may appear. The consumer shall have the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until he receives either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express warranty may be recovered by the consumer.

A1. In the case of a replacement of or refund for a leased vehicle, in addition to any other damages provided in this chapter, the motor vehicle shall be returned to the manufacturer and the consumer's written lease shall be terminated by the lessor without penalty to the consumer. The lessor shall transfer title to the manufacturer as necessary to effectuate the consumer's rights pursuant to this chapter, whether the consumer chooses vehicle replacement or a refund.

B. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the period of eighteen months following the date of original delivery of the motor vehicle to the consumer either:

1. The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;

2. The nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist; or

3. The motor vehicle is out of service due to repair for a cumulative total of thirty calendar days, unless such repairs could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, including war, invasion, strike, fire, flood or other natural disasters.

C. The lemon law rights period shall be extended if the manufacturer has been notified but the nonconformity has not been effectively repaired by the manufacturer, or its agent, by the expiration of the lemon law rights period.

D. The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner's manual, that written notification of the nonconformity to the manufacturer is required before the consumer may be eligible for a refund or replacement of the vehicle under this chapter. The manufacturer shall include with the warranty or owner's manual the name and address to which the consumer shall send such written notification.

E. It shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of this section, to notify the manufacturer of the need for the correction or repair of the nonconformity, unless the manufacturer has been notified as defined in 59.1-207.11. If the manufacturer or factory representative has not been notified of the conditions set forth in subsection B of this section and any of the conditions set forth in subsection B of this section already exists, the manufacturer shall be given an additional opportunity, not to exceed fifteen days, to correct or repair the nonconformity. If notification shall be mailed to an authorized dealer, the authorized dealer shall upon receipt forward such notification to the manufacturer.

F. Nothing in this chapter shall be construed to limit or impair the rights and remedies of a consumer under any other law.

G. It is an affirmative defense to any claim under this chapter that:

1. An alleged nonconformity does not significantly impair the use, market value, or safety of the motor vehicle; or

2. A nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.

59.1-207.14 Action to enforce provisions of chapter.

Any consumer who suffers loss by reason of a violation of any provision of this chapter may bring a civil action to enforce such provision. Any consumer who is successful in such an action or any defendant in any frivolous action brought by a consumer shall recover reasonable attorney's fees, expert witness fees and court costs incurred by bringing such actions.

59.1-207.15 Informal dispute settlement procedure.

A. If a manufacturer provides an informal dispute settlement procedure, it shall be the consumer's choice whether or not to use it prior to availing himself of his rights under this chapter.

B. If a dispute settlement procedure is resorted to by the consumer and the decision is for a refund or a comparable motor vehicle, the manufacturer shall have forty days from its receipt of the consumer's acceptance of the decision or from the date of a court order to comply with the terms of the decision.

C. In any action brought because of the manufacturer's failure to comply with the decision, within the scope of the procedure's authority, rendered as a result of a dispute resolution proceeding or a court order, the court may triple the value of the award stipulated in the decision as provided for in this chapter, plus award other equitable relief the court deems appropriate, including additional attorney's fees.

59.1-207.16 Action to be brought within certain time.

Any action brought under this chapter shall be commenced within the lemon law rights period following the date of original delivery of the motor vehicle to the consumer; however, any consumer whose good faith attempts to settle the dispute have not resulted in the satisfactory correction or repair of the nonconformity, replacement of the motor vehicle or refund to the consumer of the amount described in subdivision 2 of subsection A of 59.1-207.13, shall have twelve months from the date of the final action taken by the manufacturer in its dispute settlement procedure or within the lemon law rights period, whichever is longer, to file an action in the proper court, provided the consumer has rejected the manufacturer's final action.

59.1-207.16:1 Disclosure of returned vehicles; penalty.

A. If a motor vehicle that is returned to the manufacturer or distributor either under this chapter or by judgment, decree, or arbitration award in this or any other state and is then transferred by a manufacturer or distributor to a dealer, licensed under Chapter 15 (46.2-1500 et seq.) of Title 46.2, in Virginia, the manufacturer or distributor shall disclose this information to the Virginia dealer.

B. If the returned vehicle is then made available for resale or for another lease, the manufacturer shall, prior to sale or lease, disclose in writing in a clear and conspicuous manner, on a separate piece of paper in ten-point capital type, to the Virginia dealer that this motor vehicle was returned to the manufacturer, distributor or factory branch, the nature of the defect which resulted in the return, and the condition of the motor vehicle at the time of transfer to the Virginia dealer. It shall be the responsibility of the dealer that receives this disclosure to give notice of its contents to any prospective purchaser or lessee prior to sale or lease, and to transfer the disclosure, or a copy thereof, to the next purchaser or lessee. A dealer's responsibility under this section shall cease upon the sale or lease of the affected motor vehicle to the first purchaser or lessee not for resale or lease.

C. Any manufacturer or distributor who violates this section of the Motor Vehicle Warranty Enforcement Act shall be guilty of a Class 3 misdemeanor.

Generally, the Lemon Laws provide that if you acquire (and in some states, lease) a brand new or pre-owned car or other car with a warranty that repeatedly breaks down, and the original maker cannot restore it in spite of consecutive efforts (inside a designated time limit that varies from state to state), or if the vehicle is in the shop for a defined time (typically 30 days) because of its troubles, you are qualified to a broad number of damage settlements, including:

1. Money damages
2. A return of the cost
3. A new vehicle
Also, virtually all the Lemon Laws (and the Federal Warranty Law) feature a fee shifting mechanism that stipulates that if you win your case, the manufacturer or dealership that sold you your lemon is required to pay for legal expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the wording of each state's statute vary, the standard state Lemon Law statute provides help for consumers with a impared vehicle covered by a warranty if:

1. The dealership or manufacturer can't accurately repair a specific failing in the item after a fair number of repair tries (ordinarily at least 3);
2. The automobile can't be used for at least 30 days due to defects in the car; or
3. The dealership or manufacturer just can't fix a deficiency that is a urgent safety risk.

More often than not, a bad automobile is a automobile with a problem or condition that substantially degrades its drivability, economic value, or safety to the consumer and does not maintain the standard of the warranty. Typically, the period of time during which the Lemon Laws are applicable are rather short; the shortcomings and subsequent repair efforts (or out-of-service time period) usually will happen during the first two-years or 24,000 miles in which the purchaser owns the vehicle. However, a number of states have even shorter time periods. Furthermore, virtually all states have notification and initiation prerequisites, such as requiring the consumer to send out registered mail notice to the manufacturing business of the defects and affording the dealership a chance to repair the automobile. Moreover, some states require that Lemon Law cases be solved through an arbitration system.

Generally, state Lemon Law ordinances also apply to leased automobiles and used automobiles bought whilst under the manufacturer's written warranty. A number of state Lemon Laws also apply to vehicles other than passenger automobiles. depending on the buyer's home residence, or the state where the consumer bought the motor vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (like computers)
There are a number of robust solutions available under the Lemon Laws. In most instances, if the manufacturing business just can't repair the motor vehicle, the consumer can either demand the manufacturing business to replace the motor vehicle, or demand the manufacturing business to take back the motor vehicle and repay the original cost together with incidental costs, such as all expenses, towing charges, repair costs, associated transportation charges and other costs incurred by the consumer as a result of the troubles in the motor vehicle. Another important resolution available under most Lemon Laws is litigation fees. In almost all states, if you win in a Lemon Law case, you won't have to pay any litigation fees-the automobile original producer that sold you your lemon is forced to pay your attorneys' bills.

The defendant auto manufacturer can use various defenses to a Lemon Law claim. The conventional statute provides that the manufacturing business is not responsible if it can verify that the problems in question came about because of malevolence, neglect, or the alteration or tampering of a vehicle by persons other than the original equipment manufacturer, an agent, or an authorized repair facility. Put differently, if the consumer abuses his or her own motor vehicle, or the flaws were the fault of tampering or adjustments executed by an unauthorized party, the original equipment manufacturer might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer merchandise warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer commodities to give consumers comprehensive facts about warranty coverage. Additionally, it infects both the rights of public consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act doesn't call for an motor vehicle original producer to provide customers with a warranty, if a warranty is provided, the Magnuson Moss Act provides some protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing customers to recuperate litigation costs and fair laywers' fees.

The Magnuson Moss Act is often effective in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not possible or furthermore unsuited. For example, unlike the relatively short period provided to customers inside virtually all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has passed as long as the troubles happened during the warranty time period. In addition, although a few Lemon Laws limit their coverage benefits to a narrow number of automobiles, the Magnuson Moss Act applies to virtually all consumer items. The Magnuson Moss Act could also be applicable if you purchased or leased a expended car without a manufacturing business warranty, or if the car is covered by a service contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all 50 U.S. States. It is the foundational source of law regulating contracts dealing with the sale of products, including automobiles and other items. The UCC provides another legal channel for customers with lemon problems.

UCC code stipulates that the purchaser of a good is entitled to return product which break in any respect to the warranty. Basically, if your brand new item does not work as established by the original producer (your written warranty is part of your consumer warranty), you may have a claim citing the UCC in addition to whatever additional claims you may have.

The time period for returning a vehicle with the UCC is not limitless. If you come upon a gremlin in your car inside a reasonable posession time period, you may refuse the car. Unfortunately, new automobiles are often mechanically complex and you might not understand if your car conforms to the warranty till long after you purchase the car and troubles start to arise. Therefore, if After this posession time period you don't take back the car, you will be stated to have accepted it and will have no claim through the UCC.

The length of the inspection time period is not delineated in the regulation. Courts decide how long the sensible inspection period is based on the consumer's familiarity and experience, the consumer's difficulty in noticing the failing, and the consumer's opportunity to find the flaw.

In spite of this limit, the UCC says that in certain cases where a purchaser is alleged to have approved of products (i.e. the sensible inspection time period has elapsed), a purchaser can still take back his acceptation of those products where the non-conformity frequently impairs the economic value of the products to him. Those examples include cases where it proves challenging to notice the nonconformity or the purchaser was guaranteed that the non-conformity would be fixed. Put differently, the local court will excuse the purchaser from not refusing the products where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively gives out and you have to keep taking it back to the dealership for repair under the warranty, the car lemon law can be your next recourse. The flaw must be substantive in which it intereferes with your driving the product or your safety. A product stalling frequently would be a substantive flaw. This is precisely the type of defect that could diminiah your driving and your safety. Under the auto lemon law you are not expected to prove why the auto is stalling, you only have to prove that it is stalling. Thus you need to check out the lemon law in these three cases: the auto keeps failing within the warranty time period, the auto is a safety risk, the dealer is incapable to correct the auto when it is warranted.

If you have a motor vehicle which is a lemon you can immediately write to the maker and ask for another equivalent motor vehicle. If this demand is not satisfactory to the maker, you may start into an arbitration arrangement. A few manufacturing business* use their own arbitration program. Other manufacturing business* utilize external arbitration program including Autoline by the BBB. The opinion of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the judgment, the owner can take the maker to court.

Virtually all laws provide that the owner needs to be returned back to the fiscal situation they were in prior to purchasing the automobile, less the measure that the owner gained from by using the automobile. To get the refund sum various components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used automobiles may qualify under normal lemon laws. For example, a pre-owned auto may fall under regular lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States that do have a used car lemon law will be extra cooperative with the age and amount of mileage. Still, the car needs to be sold by a car dealership that provides a written warranty. Private sales aren't regulated, neither are motor vehicles sold under a certain price paid. There could be additional restrictions to a used car lemon law such as the purposes in which the automobile is utilized or the categorization of automobile. Older vehicles, are normally excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period of time than brand new car laws. They oftentimes range from 30 to 90 days, based on your used vehicle's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that apply to your state. Also enquire about the pricing program. Many lemon law attorneys assume a rather minor retainer to cover a lemon law claim, and subsequently, the lawyer's bills are billed to the manufacturer. Basically, lemon law claims are ordinarily very inexpensive to consumers. The reimbursement of lawyer fees varies from state to state. About half of the states let you to recoup your Attorney invoices if you win. The attorney's fee is based upon actual time spent rather than being connected to any other share of the recovery. In some States, you have to pay the manufacturing business* attorney's invoices if you lose.

Consumers should put their complaints in writing and hold a copy. In all written correspondence, always describe how difficult it is to take the auto to the car dealership for corrections and that the dependability that the customer believed He was buying has been non-existent. Any written correspondence with a dealership or manufacturer should be sent using certified mail. In virtually all cases the manufacturing business* claim that they haven't had the essential number of endeavors to repair the defect. They depend on the knowledge that the customer does not have repair receipts for each instance they have taken the car into the repair facility. They also assume on the possibility that the repair receipts have seperate items repaired every occurance showing that they haven't repaired the same defect. Consumers should respond by asking that dealers always grant them a warranty repair ticket. Consumers must also indicate that these undocumented visits are tries.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately review your owner's folder and warranty references entirely, along with the reference on lemon law rights that you should obtain when you buy your automobile. Don't count on your car dealership to identify which troubles are covered by warranty. If your car dealership states that a defect isn't covered and you think that she is misleading you, be civilized but surefooted. Don't be frighted to point out the segment of the warranty that is relevant, or to call the manufacturer for substantiation utilizing the contact references included in your owner's folder. You should not be obligated pay for work pertained to lemon law complaints. It's also necessary to give notice the manufacturer of a complaint immediately. If you suspect that your car has a problem that can't be remedied, look into your lemon law rights to see when you are able to bring a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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