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.

In essence, the Lemon Laws state that if you buy (and in some states, lease) a brand new or pre-owned vehicle or other car under warranty that does not work consistently, and the original producer can't restore it even with consecutive efforts (in a set time limit that varies from state to state), or if the item is not usable for a limited period of time (usually 30 days) due to its faults, you are qualified to a wide range of damage settlements, including:

1. Monetary damages
2. A repayment of the original money paid
3. A new vehicle
In addition, nearly all the Lemon Laws (as well as the Federal Warranty Law) have a fee shifting component which states that if you win your suit, the original maker or car dealership that sold you the lemon is obliged to repay attorneys' expenses.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the wording of each state's statute are distinct, the common state Lemon Law statute affords cure for consumers with a dilapidated car sold with a warranty if:

1. The dealership or original maker just can not completely remedy a particular flaw in the automobile after a sensible number of repair efforts (ordinarily at least 3);
2. The automobile cannot be driven for at least 30 days due to troubles in the car; or
3. The car dealership or original maker just can not correct a flaw that is a crucial safety hazard.

In general, a bad car is a car with a defect or condition that often cripples its usability, marketability, or safety to the consumer and doesn't conform to the warranty. Often times, the period in which the Lemon Laws are applicable are relatively short; the flaws and resulting repair efforts (or out-of-service time period) typically must happen during the first 2-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter time periods. Also, virtually all states have notice and activation requirements, such as requiring the consumer to send out registered mail notice to the original producer of the troubles and giving the car dealership a chance to correct the motor vehicle. Additionally, some states expect that Lemon Law claims be solved through an arbitration procedure.

Generally, state Lemon Law ordinances also apply to leased automobiles and preowned automobiles bought whilst under the producers basic warranty. A good number of state Lemon Laws also apply to vehicles other than passenger cars. based on the purchaser's home state, or the state in which the consumer purchased the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (like televisions)
There are many effective remedies available under the Lemon Laws. U.S. Statesten times, if the original equipment manufacturer cannot correct the car, the consumer can either demand the original equipment manufacturer to replace the automobile, or insist the original equipment manufacturer to take back the automobile and payback the original price paid together with accompanying damages, like all bills, towing fees, repair charges, related travel costs and other damages incurred by the consumer as a result of the faults in the automobile. Another important remedy possible under most Lemon Laws is legal fees. In virtually all states, if you prevail in a Lemon Law lawsuit, you will not have to pay any laywers' bills-the motor vehicle original maker that sold you your lemon is obligated to pay court expenses.

The defendant motor vehicle original producer can implement several defenses to a Lemon Law claim. The typical statute provides that the maker is not liable if it can prove that the troubles in question happened due to exploitation, disregard, or the modification or tampering of a motor vehicle by a party other than the manufacturing business, its agent, or an authorized repair facility. Restated, if the consumer maltreats his or her own vehicle, or the shortcomings were caused by tampering or adjustments carried out by an unauthorized person, the manufacturing business 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. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer products to provide consumers comprehensive data about warranty coverage benefits. In addition, it sets both the rights of consumers and the responsibilities of warrantors under written warranties.

Even though the Magnuson Moss Act doesn't demand an vehicle manufacturer to provide customers with a warranty, if a warranty is provided, the Magnuson Moss Act extends numerous protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by allowing customers to recoup litigation charges and sensible attorneys' expenses.

The Magnuson Moss Act is frequently applicable in a lemon case where, for some reason, a state Lemon Law claim is unavailable or moreover unfit. For instance, unlike the relatively short cycle provided to purchasers with virtually all Lemon Laws, you may file a claim for breach of warranty after the warranty period has passed if the troubles occured during the warranty period. Also, although a few Lemon Laws restrict their coverage benefits to a narrow group of motor vehicles, the Magnuson Moss Act is relevant to almost all consumer items. The Magnuson Moss Act could also be applicable if you purchased or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle is covered by a service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every U.S. state. It is the foundational agent of law regulating contracts dealing with the sale of products, including automobiles and other items. The UCC affords a legal channel for consumers with lemon problems.

UCC code says that the purchaser of a good is entitled to return products that fail in any way to the consumer warranty. Therefore, if your recently purchased vehicle doesn't work as endorsed by the maker (your manufacturer warranty is part of your consumer warranty), you can have a claim referencing the UCC in addition to whatever other claims you might have.

The time for rejecting a vehicle with the UCC is not unlimited. If you come across a fault in your car within a reasonable inspection time period, you may return the vehicle. Unfortunately, new automobiles are oftentimes technically enigmatic and you might not know if your car conforms to the agreement until long after you purchase the automobile and problems start to arise. Essentially, if Long after this inspection period you do not take back the automobile, you will be alleged to have approved of it and may have no claim through the UCC.

The duration of the review period is not delineated in the regulation. State courts decide how long the sensible review period is based on the consumer's familiarity and experience, the consumer's difficulty in finding the flaw, and the consumer's opportunity to come upon the failing.

In spite of this restriction, the UCC provides that in certain examples where a consumer is deemed to have accepted goods (i.e. the sensible review period has elapsed), a consumer may still repeal his approval of those products where the non-conformity often impairs the marketability of the products to him. Those instances include suits in which it is hard to detect the nonconformity or the consumer was ensured that the non-conformity would be remedied. In different words, the local court will exempt the consumer from not refusing the products where the consumer could not have sensibly 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 dealership for repair under the written warranty, the automobile lemon law may be your next course of action. The failing should be substantive in which it interferes with your driving the car or your safety. A car stalling constantly is a substantive failing. This is exactly the type of condition that can stymie your driving and your safety. Under the automobile lemon law you are not obliged to indicate why the motor vehicle is stalling, you simply have to show clearly that it is stalling. Basically you need to check over the lemon law in these 3 situations: the motor vehicle keeps breaking within the warranty time period, the motor vehicle is a safety hazard, the car dealership is incapable to repair the motor vehicle when it is guaranteed.

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 request is not satisfactory to the maker, you may start into an arbitration arrangement. A few makers incorporate their own arbitration process. Other makers utilise outside arbitration program including Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the recommendation, the owner can take the maker to court.

Virtually all ordinances stipulate that the consumer ought to be returned back to the financial situation they were in prior to purchasing the motor vehicle, less the amount of money that the consumer gained from by using the motor vehicle. To get the restitution sum a number of 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 motor vehicles may qualify under basic lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than a year old and has got fewer than 12,000 miles on the odometer. States that do have a used motor vehicle lemon law will be more cooperative with the age and amount of mileage. Still, the car has to be sold by a car dealership that supplies a written warranty. Personal sales are not regulated, nor are motor vehicles sold under a stated original price paid. There could be additional restrictions to a used car lemon law such as the functions in which the motor vehicle is driven or the classification of motor vehicle. Older cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period of time than new car ordinances. They frequently range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the fee system. Many lemon law lawyers require a relatively modest retainer to address a lemon law claim, and thenceforth, the attorney's invoices are billed to the manufacturing business. Thus, lemon law claims are generally very affordable to purchasers. The reimbursement of lawyer expenses differs from state to state. About half of the states let you to recoup your Lawyer expenses if you win. The attorney's fee is based on actual time logged instead of being tied to any share of the recuperation. In many States, you must pay the manufacturer's attorney's fees if you lose.

Consumers ought to place their charges in writing and save a copy. In any written correspondence, always make clear how burdensome it is to bring the vehicle to the dealer for repairs and that the reliableness that the customer believed He or she was getting has been non-existent. Any written correspondence with a dealer or manufacturing business must be sent using certified post. In almost all claims the makers claim that they have not had the required number of endeavors to remedy the condition. They rely on the reality that the customer doesn't keep repair sheets for each occurance they have brought the car into the authorized dealership. They also assume on the possibility that the repair sheets have different items fixed each period proving that they have not fixed the same condition. Consumers should respond by demanding that sellers always hand them a warranty repair order. Consumers must also argue that these undocumented trips are efforts.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately scan your owner's binder and warranty info entirely, and the reference pertaining lemon law rights that you should obtain when you acquire your vehicle. Don't count on your dealership to outline which troubles are covered by warranty. If your dealership states that a condition isn't covered and you believe that she is decieving you, be civilized but assertive. Don't be scared to go over the section of the warranty that is relevant, or to call the original equipment manufacturer for substantiation applying the contact references included with your owner's binder. You should not be obligated pay for corrections linked to lemon law complaints. It's also necessary to notify the original equipment manufacturer of a complaint immediately. If you think that your car has a condition what can't be repaired, look into your lemon law rights to see when you are able to submit 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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