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 provide that if you purchase (and in many states, lease) a new or pre-owned vehicle or other vehicle with a warranty that is extremely unreliable, and the manufacturer just can not repair it in spite of recurring attempts (within a specified time limit that fluctuates from state to state), or if the vehicle is in the shop for a stipulated period of time (typically 30 days) due to its shortcomings, you are eligible to a wide number of costs, including:

1. Money damage settlements
2. A refund of the cost
3. A new vehicle
In addition, just about all the Lemon Laws (as well as the Federal Warranty Law) have a fee transferring component which states that if you win your suit, the manufacturer or car dealership that sold you your lemon is required to repay you for attorneys' bills.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the protections of each state's statute are distinct, the conventional state Lemon Law statute offers aid for consumers with a malfunctioning vehicle covered by a warranty if:

1. The dealer or manufacturer cannot accurately repair a particular gremlin in the automobile after a sensible number of repair tries (normally at least 3);
2. The vehicle can't be used for at least 30 days due to defects in the automobile; or
3. The dealer or manufacturer cannot remedy a flaw that is a endangering safety risk.

By and large, a defective vehicle is a vehicle with a defect or condition that often degrades its use, marketability, or safety to the consumer and does not maintain the standard of the written warranty. Typically, the period of time in which the Lemon Laws apply are relatively short; the troubles and resultant repair attempts (or out-of-service time) often will take place during the first two-years or 24,000 miles of consumer ownership of the automobile. However, a number of states have even shorter time periods. Additionally, many states have notice and activation prerequisites, such as requiring the consumer to send off registered post notice to the original producer of the troubles and presenting the car dealership an opportunity to correct the car. Also, most states require that Lemon Law suits be solved through an arbitration system.

Generally, state Lemon Law regulation codes also are applicable to leased cars and preowned cars bought while under the manufacturer's original warranty. A lot of state Lemon Laws also are applicable to vehicles other than passenger automobiles. depending upon the customer's home state, or the state where the consumer bought the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (such as electronics)
There are many robust remedies available under the Lemon Laws. In most instances, if the original producer just can not correct the motor vehicle, the consumer can either expect the original producer to replace the car, or force the original producer to take the car and return the original cost together with accompanying damages, including all invoices, towing costs, repair charges, associated travel costs and other charges incurred by the consumer as a consequence of the shortcomings in the car. Another important solution available under most Lemon Laws is attorneys' fees. In almost all states, if you win in a Lemon Law lawsuit, you do not have to pay any attorneys' expenses-the motor vehicle original equipment manufacturer that sold you your lemon is forced to pay for your litigation invoices.

The defendant auto original maker can apply many defenses to a Lemon Law claim. The typical statute affords that the original equipment manufacturer is not responsible if it can verify that the faults at issue came about because of harm, negligence, or the alteration or tampering of a vehicle by somone other than the original producer, its agent, or an authorized dealer. Put differently, if the consumer abuses his or her own motor vehicle, or the faults were caused by tampering or alterations conducted by an unauthorized party, the original producer could not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer goods warranties. Approved by Congress in 1975, the Magnuson Moss Act requires makers and dealers of consumer commodities to provide customers itemized facts about warranty coverage. In addition, it affects both the rights of public consumers and the responsibilities of warrantors under manufacturer warranties.

Although the Magnuson Moss Act does not require an car manufacturer to furnish customers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords several protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by permitting consumers to recover litigation charges and reasonable attorneys' fees.

The Magnuson Moss Act is often relevant in a lemon suit where, for some reason, a state Lemon Law claim is not possible or otherwise unfit. For example, unlike the generally short time offered to purchasers inside almost all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired as long as the defects occurred during the warranty time period. Furthermore, although many Lemon Laws restrict their coverage benefits to a small offering of automobiles, the Magnuson Moss Act is relevant to just about all consumer goods. The Magnuson Moss Act might also apply if you bought or leased a used car without a manufacturer's warranty, or if the car is covered by a service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all 50 US States. It is the foundational source of law regulating consumer warranties, including vehicles and other items. The UCC offers another legal channel for consumers with lemon problems.

UCC code states that the buyer of a product is entitled to return products which fail in any respect to the consumer agreement. Essentially, if your brand new automobile doesn't operate as endorsed by the original producer (your original warranty is a portion of your consumer agreement), you can have a claim citing the UCC in addition to any additional claims you might have.

The time period for bringing back a motor vehicle with the UCC is not unlimited. If you find a problem in your motor vehicle inside a sensible posession period, you may reject the motor vehicle. Unfortunately, brand new automobiles are typically mechanically complex and you might not recognize whether your vehicle conforms to the consumer agreement till long after you buy the vehicle and defects begin to arise. Essentially, if Following this posession time you do not refuse the vehicle, you will be stated to have accepted it and might have no claim through the UCC.

The duration of the review time period is not specified in the regulation. The Courts decide how long the sensible inspection period is based on the buyer's familiarity and experience, the buyer's trouble in noticing the defect, and the buyer's chance to identify the flaw.

In spite of this restriction, the UCC says that in certain instances where a buyer is pronounced to have approved of products (i.e. the sensible inspection period has passed), a buyer may still renounce his approval of those goods where the non-conformity frequently impairs the marketability of the goods to him. Those examples include examples where it proves laborious to expose the nonconformity or the buyer was guaranteed that the non-conformity would be fixed. Put differently, the local court will pardon the buyer from not having rejected the goods where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively fails and you have to keep taking it back to the dealer for repair under the warranty, the vehicle lemon law might be your next recourse. The deficiency should be substantial where it hinders your driving the car or your safety. A car stalling for no reason is a substantial deficiency. This is precisely the type of condition that can stymie your driving and your safety. Under the automobile lemon law you are not required to demonstrate why the motor vehicle is stalling, you merely have to demonstrate that it is stalling. Put simply you need to check out the lemon law in these three examples: the motor vehicle keeps breaking down within the warranty time period, the motor vehicle is a safety risk, the dealer is incapable to fix the motor vehicle when it is warranted.

If you own a car which is a lemon you can directly write to the manufacturing business and ask for a replacement car. If this request is not satisfactory to the manufacturing business, you could enter into an arbitration program. A few manufacturers have their own arbitration program. Other manufacturers employ outside arbitration program like Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the manufacturing business but not on the consumer. If unsatisfied with the assessment, the consumer can take the manufacturing business to court.

Virtually all regulations provide that the customer ought to be restored back to the financial situation they were in prior to purchasing the motor vehicle, less the sum that the customer gained from by using the motor vehicle. To get the compensation total several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used automobiles may qualify under basic lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than 1 year old and has got less than 12,000 miles on the odometer. States which do have a pre-owned motor vehicle lemon law will be more generous with the age and amount of mileage. Still, the motor vehicle must be sold by a dealer that offers a written warranty. Personal sales are not included, neither are vehicles sold under a stated original cost. There may be additional restrictions to a used car lemon law such as the functions for which the motor vehicle is driven or the classification of motor vehicle. Classic vehicles, are usually excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter time period than new car ordinances. They frequently range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the pricing program. Many lemon law attorneys demand a relatively humble retainer to cover a lemon law claim, and thereafter, the attorney's bills are billed to the maker. Basically, lemon law claims are commonly very affordable to purchasers. The reimbursement of lawyer charges varies from state to state. About one-half of the states provide for you to recover your Lawyer charges if you win. The lawyer's fee is based upon actual time expended instead of being connected to any other portion of the recovery. In a select few States, you will pay the manufacturing business* attorney's bills if you lose.

Consumers should record their concerns in writing and hold a copy. In every written communication, always outline how taxing it is to take the vehicle to the dealership for corrections and that the reliability that the purchaser thought He was buying has been non-existent. Any written communication with a car dealership or maker should be sent using certified postal service. In most suits the manufacturers claim that they have not had the essential number of endeavors to correct the problem. They depend on the reality that the purchaser doesn't file repair receipts for each time they have taken the vehicle into the repair facility. They also bet on the possibility that the repair receipts have different things fixed each instance evidencing that they haven't fixed the same condition. Consumers should reply by demanding that dealers always give them a warranty repair sheet. Consumers should also argue that these unwritten trips are efforts.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately read your owner's booklet and warranty information completely, and the facts on lemon law rights that you should receive when you purchase your car. Don't rely on your dealer to make clear what problems are covered by warranty. If your dealer states that a condition isn't covered and you believe that he is purposely misleading you, be composed but assertive. Don't be frighted to point out the segment of the warranty that is relevant, or to call the manufacturer for verification using the contact references included in your owner's booklet. You shouldn't be obliged pay for repairs linked to lemon law complaints. It's also essential to give notice the manufacturer of a complaint as soon as possible. If you suspect that your car has a problem what just can't be fixed, check out 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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