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

Virginia Code, § 59.1-207.9 to 207.16:1

59.1-207.9 Short title.

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

59.1-207.10 Intent.

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

59.1-207.11 Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

59.1-207.12 Conformity to all warranties.

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

59.1-207.13 Nonconformity of motor vehicles.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

59.1-207.14 Action to enforce provisions of chapter.

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

59.1-207.15 Informal dispute settlement procedure.

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

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

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

59.1-207.16 Action to be brought within certain time.

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

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

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

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

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

Generally, the Lemon Laws state that if you buy (and in various states, lease) a new or used vehicle or other vehicle with a manufacturer's warranty that repeatedly breaks down, and the original maker can't correct it even with repeated efforts (in a set time that fluctuates from state to state), or if the motor vehicle is out of service for a specified period of time (often 30 days) due to its problems, you are qualified to a wide range of costs, including:

1. Monetary restitution
2. A return of the original money paid
3. A brand new automobile
Additionally, almost all the Lemon Laws (and the Federal Warranty Law) contain a fee changing mechanism that stipulates that if you win your lawsuit, the manufacturing business or dealership that sold you your lemon is obligated to compensate you for litigation invoices.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the wording of each state's statute differ, the typical state Lemon Law statute offers aid for owners with a impared car covered by a warranty if:

1. The dealer or manufacturing business can't indisputably remedy a particular failing in the motor vehicle after a sensible number of repair attempts (commonly at least 3);
2. The automobile can't be used for at least 30 days due to shortcomings in the car; or
3. The dealer or manufacturing business cannot remedy a defect that is a important safety hazard.

Typically, a defective motor vehicle is a motor vehicle with a problem or trouble that substantially degrades its use, marketability, or safety to the consumer and does not maintain the standard of the written warranty. In most instances, the period during which the Lemon Laws apply are rather short; the flaws and resulting repair attempts (or out-of-service period) generally must occur during the first 2-years or 24,000 miles the owner has the automobile. However, a number of states have even shorter periods. Moreover, most states have notice and activation prerequisites, such as wanting the consumer to send out registered mail notice to the maker of the defects and giving the dealer an opportunity to remedy the vehicle. Furthermore, numerous states expect that Lemon Law suits be resolved through an arbitration procedure.

Generally, state Lemon Law regulations also are applicable to leased automobiles and preowned automobiles bought while under the producers basic warranty. A good number of state Lemon Laws also apply to automobiles other than passenger vehicles. based upon the consumer's home residence, or the state in which the consumer bought the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer commodities (like computers)
There are many significant resolutions possible under the Lemon Laws. U.S. States most instances, if the original producer just can not correct the motor vehicle, the consumer can either expect the original producer to replace the motor vehicle, or make the original producer to reposess the motor vehicle and refund the purchase price together with accompanying costs, such as all fees, towing costs, repair charges, related transportation costs and other charges incurred by the consumer as a result of the shortcomings in the motor vehicle. Another important relief possible under most Lemon Laws is litigation fees. In many states, if you prevail in a Lemon Law suit, you won't have to pay any litigation charges-the automobile manufacturer that sold you your lemon is expected to pay for your court fees.

The defendant automobile original producer can use assorted defenses to a Lemon Law claim. The common statute provides that the original producer is not responsible if it can affirm that the flaws in question came about because of malevolence, forget about, or the alteration or tampering of a automobile by a party other than the maker, an agent, or its authorized dealer. Restated, if the consumer abuses his or her own car, or the faults were the fault of changing or changes performed by a third party, the maker might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer products to give customers explanatory data about warranty coverage claims. Also, it shapes both the rights of public consumers and the obligations of warrantors under written warranties.

Even though the Magnuson Moss Act doesn't demand an motor vehicle original maker to provide customers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides many protections for the consumer. The Magnuson Moss Act makes it more easy for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law, and by permitting purchasers to recuperate litigation costs and reasonable attorneys' fees.

The Magnuson Moss Act is typically helpful in a lemon case where, for some reason, a state Lemon Law claim is not possible or furthermore unfit. For instance, unlike the rather short time period offered to customers within many Lemon Laws, you can record a claim for breach of warranty after the warranty period has passed as long as the troubles occured during the warranty time period. Additionally, although some Lemon Laws limit their coverage benefits to a small offering of cars, the Magnuson Moss Act is relevant to virtually all consumer products. The Magnuson Moss Act could also apply if you bought or leased a used motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a service contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the principal authority of law governing consumer warranties, including cars and other items. The UCC offers a legal course for public consumers with lemon troubles.

UCC code says that the buyer of a good is entitled to return merchandise that do not perform in any aspect to the contract. Thus, if your brand new motor vehicle doesn't work as pledged by the original equipment manufacturer (your written warranty is part of your agreement), you may file a claim referencing the UCC in addition to any additional claims you may have.

The time period for rejecting a vehicle with the UCC is not limitless. If you come across a flaw in your vehicle inside a fair posession period, you can reject the vehicle. Unfortunately, new motor vehicles can be typically mechanically complex and you might not acknowledge whether your vehicle conforms to the contract till long after you purchase the vehicle and defects start to develop. Essentially, if Long after this posession period you don't take back the vehicle, you will be alleged to have accepted it and may have no claim through the UCC.

The duration of the inspection period is not delineated in the statute. The Courts determine how long the reasonable inspection period is based on the consumer's proficiency and personal experience, the consumer's difficulty in coming upon the defect, and the consumer's chance to detect the failing.

In spite of this limit, the UCC says that in certain examples where a buyer is stated to have accepted goods (i.e. the reasonable inspection period has expired), a buyer may still disclaim his favorable reception of those goods where the non-conformity substantially impares the value of the goods to him. Those examples include situations where it proves hard to come upon the nonconformity or the buyer was assured that the non-conformity would be repaired. In different words, the court will relieve the buyer from not having rejected the goods where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively breaks down and you have to keep bringing it back to the dealer for repair under the written warranty, the vehicle lemon law may be your next recourse. The flaw ought to be significant in which it intereferes with your driving the product or your safety. A product stalling frequently is a significant flaw. This is exactly the type of condition that may hinder your driving and your safety. Under the auto lemon law you are not required to prove why the vehicle is stalling, you simply have to verify that it is stalling. Basically you need to check the lemon law in these 3 cases: the vehicle keeps dying inside the warranty time period, the vehicle is a safety risk, the dealership is unable to rebuild the vehicle when it is warranted.

If you own a product which is a lemon you can immediately write to the manufacturer and ask for a replacement product. If this demand is not acceptable to the manufacturer, you can enter into an arbitration process. A few manufacturers have their own arbitration process. Other manufacturers use outside arbitration program such as Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the manufacturer but not on the purchaser. If unsatisfied with the proposal, the purchaser can take the manufacturer to court.

Virtually all regulations stipulate that the customer must be returned back to the fiscal position they were in before they purchased the car, less the amount that the customer benefited from by using the car. To get the repayment sum numerous 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 vehicles will qualify under basic lemon laws. For example, a pre-owned vehicle may fall under regular lemon laws if it is less than one year old and has got less than 12,000 miles on the odometer. States which do have a pre-owned vehicle lemon law may be extra accommodative with the age and amount of mileage. Still, the vehicle must be sold by a dealer that provides a warranty. Individual sales are not included, nor are motor vehicles sold under a specific original cost. There may be other restrictions to a used car lemon law such as the proposes for which the car is pre-owned or the classification of car. Older motor vehicles, are normally excluded from pre-owned vehicle lemon laws. Used vehicle lemon laws normally cover a much shorter period of time than new vehicle laws. They usually range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the pricing program. Many lemon law attorneys demand a relatively humble retainer to manage a lemon law claim, and subsequently, the lawyer's bills are charged to the original maker. Fundamentally, lemon law claims are oftentimes very affordable to public consumers. The reimbursement of lawyer expenses varies from state to state. About one-half of the states let you to recoup your Lawyer invoices if you win. The attorney's fee is based on actual time spent instead of being connected to any percent of the recuperation. In many States, you will pay the manufacturer's attorney's bills if you lose.

Consumers ought to place their complaints in writing and save a copy. In every written correspondence, always make clear how difficult it is to take the automobile to the car dealership for repairs and that the reliability that the buyer believed He was getting has been non-existent. Any written correspondence with a dealership or original maker ought to be sent using certified mail service. In many claims the manufacturers claim that they haven't had the essential number of endeavors to fix the defect. They depend on the reality that the buyer does not file repair receipts for each time they have taken the automobile into the authorized repair facility. They also rely on the fact that the repair receipts have different items fixed each time establishing that they have not repaired the same condition. Consumers ought to respond by asking that dealerships always present them a warranty repair order. Consumers should also indicate that these unrecorded visits are tries.

Make sure to be aware of your lemon law rights. Upon purchase, immediately review your owner's book and warranty info entirely, along with the facts concerning lemon law rights which you should receive when you acquire your motor vehicle. Don't depend on your car dealership to show you what problems are covered by warranty. If your car dealership states that a condition is not covered and you believe that he or she is being deceptive, be composed but self-asserting. Don't be scared to point out the section of the warranty that applies, or to call the original producer for verification applying the contact information included inside your owner's book. You should not be obliged pay for repairs related to to lemon law complaints. It's also essential to give notice the original producer of a complaint immediately. If you believe that your vehicle has a condition that just can not be repaired, check into your lemon law rights to see when you are able to bring a lemon law complaint.

Lemon Law Tips:

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

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

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

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

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