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.

Put simply, the Lemon Laws stipulate that if you buy (and in some states, lease) a new or used car or other vehicle with a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the manufacturing business just can't fix it in spite of persistent attempts (within a defined time limit that varies from state to state), or if the vehicle is not drivable for a specified time (typically 30 days) because of its troubles, you are eligible to a wide range of dismantles, inclusive of:

1. Money restitution
2. A return of the original money paid
3. A new automobile
Furthermore, just about all the Lemon Laws (and the Federal Warranty Law) incorporate a fee switching component that states that if you win your suit, the manufacturing business or dealership that sold you your lemon is forced to compensate you for laywers' fees.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the attributes of each state's statute vary, the average state Lemon Law statute offers help to a consumer with a nonfunctional auto covered by a warranty if:

1. The dealer or manufacturing business just can't legitimately repair a particular flaw in the item after a reasonable number of repair efforts (commonly at least three);
2. The automobile can't be driven for at least 30 days due to problems in the motor vehicle; or
3. The dealer or manufacturing business just can not repair a deficiency that is a vital safety hazard.

Usually, a bad vehicle is a vehicle with a problem or condition that frequently impairs its usability, value, or safety to the consumer and doesn't conform to the warranty. Typically, the time period during which the Lemon Laws are applicable are rather short; the troubles and resultant repair efforts (or out-of-service time period) often must occur during the first two-years or 24,000 miles the owner has the vehicle. However, a number of states have even shorter time periods. In addition, virtually all states have notification and activation requirements, such as expecting the consumer to send registered post notice to the manufacturer of the defects and establishing the dealer a chance to remedy the motor vehicle. Also, various states demand that Lemon Law lawsuits be resolved through an arbitration procedure.

Generally, state Lemon Law ordinances also are applicable to leased cars and used vehicles purchased while under the makers original warranty. A lot of state Lemon Laws also apply to cars other than passenger automobiles. based on the customer's home state, or the state in which the consumer bought the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer goods (like televisions)
There are a number of powerful resolutions available under the Lemon Laws. American Statesently, if the original maker just can not repair the car, the consumer can either expect the original maker to replace the vehicle, or force the original maker to take the vehicle and refund the price paid along with incidental damages, like all fees, towing fees, repair charges, associated travel costs and other charges incurred by the consumer as a consequence of the defects in the vehicle. Another important relief available under most Lemon Laws is laywers' fees. In almost all states, if you prevail in a Lemon Law suit, you will not have to pay any attorneys' charges-the automobile maker that sold you your lemon is obligated to pay your litigation bills.

The defendant car manufacturer can implement assorted defenses to a Lemon Law claim. The typical regulation extends that the original equipment manufacturer is not liable if it can show clearly that the troubles in dispute came about because of harm, negligence, or the modification or alteration of a car by a party other than the manufacturer, an agent, or its authorized dealer. Restated, if the consumer damages his or her own car, or the problems were the fault of tampering or changes executed 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 controls consumer goods warranties. Passed by Congress in 1975, the Magnuson Moss Act requires makers and sellers of consumer items to provide consumers detailed data about warranty coverage. Additionally, it determines both the rights of public consumers and the responsibilities of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act does not demand an automobile original producer to supply consumers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers numerous protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing for customers to recoup litigation charges and reasonable attorneys' charges.

The Magnuson Moss Act is oftentimes valuable in a lemon suit in which, for some reason, a state Lemon Law claim is not available or moreover unfavorable. For example, contrary to the generally short period of time offered to purchasers within virtually all Lemon Laws, you could register a claim for breach of warranty after the warranty period has expired if the defects occured during the warranty time period. Furthermore, although many Lemon Laws limit their coverage benefits to a very specific number of motor vehicles, the Magnuson Moss Act applies to just about all consumer products. The Magnuson Moss Act might also apply if you bought or leased a preowned car without a manufacturer's warranty, or if the car is covered by a third party service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every state. It is the principal foundation of law regulating product contracts, including vehicles and other items. The UCC offers another legal channel for public consumers with lemon troubles.

UCC code stipulates that the consumer of a good is entitled to return goods which break in any respect to the agreement. In essence, if your brand new car doesn't function as bound by the original maker (your original warranty is a portion of your agreement), you may file a claim citing the UCC in addition to any other claims you might have.

The period of time for returning a vehicle with the UCC is not unlimited. If you come across a problem in your vehicle within a reasonable ownership time period, you may return the motor vehicle. Unfortunately, brand new cars are frequently technically complex and you might not acknowledge if your motor vehicle conforms to the agreement till after you buy the motor vehicle and problems start to come up. Thus, if Long after this ownership time period you do not refuse the motor vehicle, you will be alleged to have okayed it and might have no claim through the UCC.

The length of the inspection time period is not defined in the regulation. The Courts decide how long the sensible review period is based on the buyer's knowledge and personal experience, the buyer's difficulty in coming upon the failing, and the buyer's chance to expose the flaw.

In spite of this limit, the UCC stipulates that in certain cases where a purchaser is deemed to have approved of products (i.e. the sensible review period has expired), a purchaser may still recant his acceptance of those product where the non-conformity frequently impares the economic value of the product to him. Those instances include situations where it was burdensome to detect the nonconformity or the purchaser was ensured that the non-conformity would be fixed. Re-stated, the local court will pardon the purchaser from not refusing the product where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively breaks and you have to keep taking it back to the dealership for repair under the warranty, the vehicle lemon law might be your next refuge. The flaw should be significant where it impedes your driving the car or your safety. A car stalling often would be a significant flaw. This is exactly the type of problem that may impair your driving and your safety. Under the vehicle lemon law you are not obligated to indicate why the auto is stalling, you only have to establish that it is stalling. Thus you need to look into the lemon law in these 3 instances: the auto keeps failing within the warranty period, the auto is a safety risk, the car dealership is incapable to fix the auto when it is warranted.

If you have 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 satisfactory to the original equipment manufacturer, you may enter into an arbitration program. A few manufacturers use their own arbitration program. Other manufacturers have outside arbitration program including Autoline by the BBB. The recommendation of the arbitrators is binding on the original equipment manufacturer but not on the purchaser. If unsatisfied with the opinion, the purchaser can take the original equipment manufacturer to court.

Virtually all ordinances state that the buyer should be returned back to the fiscal position they were in before they purchased the vehicle, less the amount of money that the buyer benefited from by using the vehicle. To get the payback amount many elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used vehicles may qualify under basic lemon laws. For example, a pre-owned auto may fall under normal lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States that do have a used car lemon law might be extra generous with the age and measure of mileage. Still, the car must be sold by a dealer that supplies a warranty. Private sales are not involved, nor are automobiles sold under a stated original cost. There might be other restrictions to a used car lemon law such as the proposes for which the vehicle is driven or the categorization of item. Vintage automobiles, are usually excluded from used car lemon laws. Used car lemon laws usually cover a much shorter time period than new car regulations. They oftentimes range from 30 to 90 days, depending on your used vehicle's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the pricing system. Many lemon law lawyers require a relatively minor retainer to manage a lemon law claim, and afterward, the lawyer's invoices are billed to the original producer. Fundamentally, lemon law claims are commonly very low-cost to customers. The reimbursement of lawyer invoices differs from state to state. About half of the states let you to recoup your Attorney expenses if you win. The attorney's fee is based upon actual time used instead of being attached to any other percentage of the recuperation. In a few States, you will pay the manufacturing business* attorney's invoices if you lose.

Consumers should place their concerns in writing and hold a copy. In all written communication, always delineate how burdensome it is to return the car to the dealer for repairs and that the reliability that the customer thought He was getting has been non-existent. Any written communication with a car dealership or original producer needs to be sent using certified mail. In many situations the manufacturers claim that they haven't had the essential number of tries to repair the problem. They count on the reality that the customer does not file repair sheets for each occurance they have driven the vehicle into the repair facility. They also rely on the possibility that the repair sheets have seperate parts fixed every instance proving that they haven't repaired the same problem. Consumers should reply by demanding that dealers always send them a warranty repair ticket. Consumers ought to also indicate that these undocumented trips are tries.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately page through your owner's booklet and warranty information thoroughly, as well as the information pertaining lemon law rights which you ought to receive when you acquire your vehicle. Don't bet on your dealer to show you what problems are covered by warranty. If your dealer states that a problem isn't covered and you believe that she is purposely deceiving you, be civil but surefooted. Don't be scared to bring out the part of the warranty that is relevant, or to call the original maker for substantiation utilizing the contact data included with your owner's booklet. You shouldn't have to pay for work linked to lemon law complaints. It's also important to give notice the original maker of a complaint as soon as possible. If you think that your car has a problem which just can't be fixed, go over 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.

Virginia Cities:
Choose your City/Zipcode