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 state that if you buy (and in some states, lease) a brand new or pre-owned car or other car under warranty that is repeatedly faulty, and the manufacturing business just can not repair it despite persistent efforts (inside a stipulated time that fluctuates from state to state), or if the product is in the shop for a designated time period (typically 30 days) due to its problems, you are entitled to a wide number of damages, including:

1. Monetary restitution
2. A repayment of the purchase cost
3. A new automobile
Also, just about all the Lemon Laws (and the Federal Warranty Law) incorporate a fee transferring component that states that if you win your lawsuit, the original equipment manufacturer or dealer that sold you your lemon is forced to repay you for laywers' bills.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the protections of each state's statute vary, the average state Lemon Law statute provides help for buyers with a nonfunctional auto purchased with a warranty if:

1. The dealership or original equipment manufacturer can't legitimately correct a specific fault in the car after a sensible number of repair attempts (ordinarily at least 3);
2. The motor vehicle cannot be used for at least 30 days due to troubles in the motor vehicle; or
3. The dealer or original equipment manufacturer cannot fix a defect that is a considerable safety hazard.

In general, a bad car is a car with a defect or trouble that substantially cripples its usability, economic value, or safety to the consumer and doesn't conform to the written warranty. Often times, the period in which the Lemon Laws are applicable are relatively short; the faults and resultant repair efforts (or out-of-service time) typically will take place during the first 2-years or 24,000 miles that you own the motor vehicle. However, a number of states have even shorter time periods. Moreover, almost all states have notification and activation requirements, such as asking the consumer to send registered post notice to the manufacturer of the problems and establishing the dealership a period to repair the vehicle. In addition, several states necessitate that Lemon Law suits be resolved through an arbitration procedure.

Generally, state Lemon Law ordinances also are applicable to leased vehicles and used cars bought whilst under the producers original warranty. A number of state Lemon Laws also are applicable to vehicles other than passenger automobiles. depending upon the purchaser's state of residence, or the state where the consumer bought the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer goods (like televisions)
There are a number of robust resolutions available under the Lemon Laws. In most instances, if the original producer can't repair the vehicle, the consumer can either demand the original producer to replace the vehicle, or insist the original producer to take the vehicle and refund the purchase price including accompanying damages, like all expenses, towing fees, repair costs, associated transportation charges and other costs incurred by the consumer as a result of the troubles in the vehicle. Another important resolution available under most Lemon Laws is legal fees. In virtually all states, if you prevail in a Lemon Law suit, you will not have to pay any legal expenses-the car maker that sold you your lemon is expected to pay for your litigation invoices.

The defendant automobile original producer can apply various defenses to a Lemon Law claim. The general regulation extends that the original equipment manufacturer is not guilty if it can demonstrate that the shortcomings in dispute persisted due to exploitation, carelessness, or the alteration or tampering of a vehicle by a party other than the original maker, its agent, or its authorized dealer. In different words, if the consumer breaks his or her own car, or the shortcomings were the fault of changing or changes performed by an unauthorized party, the manufacturer may 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. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer items to give customers explanatory information about warranty coverage benefits. Additionally, it affects both the rights of public consumers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act doesn't call for an automobile manufacturer to furnish customers with a warranty, if a warranty is furnished, the Magnuson Moss Act affords some protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for violating the warranty by making breach of warranty noncompliance of federal law, and by allowing consumers to recover litigation charges and fair attorney's expenses.

The Magnuson Moss Act is typically applicable in a lemon suit where, for some reason, a state Lemon Law claim is not possible or furthermore disadvantageous. For example, contrary to the generally short time period offered to consumers with virtually all Lemon Laws, you could file a claim for breach of warranty after the warranty period has passed if the troubles came about during the warranty time period. Moreover, although many Lemon Laws restrict their coverage benefits to a small number of cars, the Magnuson Moss Act applies to near all consumer products. The Magnuson Moss Act might also apply if you bought or leased a preowned motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a service contract or other variety 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 primary agent of law governing product contracts, including vehicles and other items. The UCC provides an alternative legal channel for customers with lemon troubles.

UCC code states that the purchaser of a good is entitled to return products which fail in any sense to the warranty. In essence, if your brand new car does not work as guaranteed by the manufacturing business (your original warranty is a portion of your consumer warranty), you may have a claim citing the UCC in addition to any additional claims you may have.

The time for bringing back a automobile with the UCC is not limitless. If you expose a failing in your motor vehicle within a sensible ownership period, you may refuse the car. Unfortunately, brand new cars are oftentimes mechanically enigmatic and you may not recognize if your car conforms to the agreement till long after you purchase the car and problems begin to develop. Basically, if After this ownership time you do not refuse the car, you will be said to have okayed it and will have no claim through the UCC.

The duration of the inspection time period is not defined in the regulation. State courts decide how long the fair inspection period is based on the consumer's knowledge and past experience, the consumer's trouble in discovering the defect, and the consumer's chance to notice the defect.

In spite of this limitation, the UCC says that in certain cases where a purchaser is alleged to have accepted goods (i.e. the fair inspection time has elapsed), a purchaser can still renounce his acceptance of those products where the non-conformity largely degrades the economic value of the products to him. Those instances include suits where it proves laborious to find the nonconformity or the purchaser was guaranteed that the non-conformity would be fixed. In other words, the court will pardon the purchaser from not refusing the products where the purchaser could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively breaks down and you have to keep bringing it back to the dealer for repair under the written warranty, the auto lemon law might be your next refuge. The problem should be substantial where it intereferes with your driving the vehicle or your safety. A vehicle stalling perpetually would be a substantial problem. This is precisely the type of defect that can diminiah your driving and your safety. Under the motor vehicle lemon law you are not expected to demonstrate why the motor vehicle is stalling, you merely have to demonstrate that it is stalling. Essentially you need to look into the lemon law in these 3 situations: the motor vehicle keeps dying within the warranty time period, the motor vehicle is a safety risk, the car dealership is incapable to repair the motor vehicle when it is warranted.

If you own a vehicle which is a lemon you can immediately write to the original equipment manufacturer and ask for a replacement vehicle. If this requirement is not acceptable to the original equipment manufacturer, you can enter into an arbitration process. A few manufacturers have their own arbitration program. Other manufacturers utilise third party arbitration program such as Autoline by the BBB. The proposition of the arbitrators is binding on the original equipment manufacturer but not on the purchaser. If unsatisfied with the recommendation, the purchaser can take the original equipment manufacturer to court.

Virtually all regulations provide that the purchaser ought to be returned back to the fiscal position they were in before they purchased the automobile, less the sum that the purchaser benefited from by using the automobile. To get the refund amount several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned automobiles may qualify under basic lemon laws. For example, a pre-owned motor vehicle might fall under regular lemon laws if it is less than one year old and has got fewer than 12,000 miles on the odometer. States that do have a pre-owned car lemon law might be additionally accommodative with the age and measure of mileage. Still, the car needs to be sold by a car dealership that offers a written warranty. Private sales are not included, nor are cars sold under a certain original price paid. There might be other restrictions to a used car lemon law such as the functions in which the automobile is used or the classification of automobile. Older motor vehicles, are commonly excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period than new car laws. They usually range from 30 to 90 days, depending on your used automobile's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the fee system. Many lemon law lawyers assume a generally minor retainer to manage a lemon law claim, and subsequently, the attorney's invoices are sent to the original producer. In essence, lemon law claims are usually very inexpensive to public consumers. The reimbursement of attorney fees varies from state to state. About half of the states permit you to recuperate your Lawyer charges if you win. The lawyer's fee is based on actual time logged instead of being connected to any share of the recovery. In many States, you will pay the manufacturing business* attorney's bills if you lose.

Consumers should place their concerns in writing and retain a copy. In any written correspondence, always describe how taxing it is to bring the automobile to the dealer for corrections and that the reliability that the purchaser believed He was buying has been non-existent. Any written correspondence with a dealer or original producer ought to be sent using certified postal service. In almost all claims the manufacturers claim that they haven't had the essential number of efforts to remedy the problem. They bet on the fact that the purchaser doesn't file repair receipts for each instance they have driven the car into the dealership. They also rely on the fact that the repair receipts have seperate items repaired every instance showing that they haven't repaired the same condition. Consumers should reply by requiring that sellers always hand them a warranty repair ticket. Consumers must also debate that these unwritten trips are tries.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately read your owner's booklet and warranty references entirely, as well as the facts pertaining lemon law rights that you should obtain when you choose your automobile. Don't rely on your car dealership to outline which problems are covered by warranty. If your car dealership states that a condition isn't covered and you think that he is purposely deceiving you, be civil but confident. Don't be afraid to produce the part of the warranty that is relevant, or to call the original producer for substantiation applying the contact references included inside your owner's booklet. You should not be obligated pay for work related to lemon law complaints. It's also necessary to advise the original producer of a complaint immediately. If you think that your vehicle has a condition which can't be fixed, check into your lemon law rights to see when you are able to file 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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