Virginia Lemon Law Firms and the Virginia lemon law code.

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.

Fundamentally, the Lemon Laws specify that if you purchase (and in most states, lease) a brand new or used car or other vehicle under warranty that is found to be damaged after repeated repair attempts, and the original maker can't correct it even with recurring attempts (within a specified time that varies from state to state), or if the vehicle is not usable for a designated time (usually 30 days) because of its problems, you are qualified to a broad range of damages, including:

1. Money damage settlements
2. A payback of the original price
3. A brand new car
Additionally, virtually all the Lemon Laws (and the Federal Warranty Law) feature a fee shifting component which provides that if you win your lawsuit, the original maker or dealer that sold you your lemon is obliged to repay attorneys' bills.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Even though the wording of each state's statute differ, the conventional state Lemon Law statute provides remedy for consumers with a unsound car sold with a warranty if:

1. The car dealership or original maker can't indisputably remedy a particular defect in the vehicle after a fair number of repair attempts (normally at least three);
2. The motor vehicle can't be used for at least 30 days due to faults in the automobile; or
3. The car dealership or original maker can't fix a flaw that is a significant safety hazard.

Generally, a bad car is a car with a condition or trouble that considerably cripples its function, value, or safety to the consumer and does not maintain the standard of the written warranty. Often times, the time period during which the Lemon Laws apply are rather short; the faults and subsequent repair attempts (or out-of-service time period) often will occur during the first two-years or 24,000 miles that you own the vehicle. However, a number of states have even shorter time periods. Furthermore, most states have notice and activation prerequisites, such as expecting the consumer to send out registered mail notice to the original equipment manufacturer of the problems and affording the car dealership a chance to correct the vehicle. In addition, some states require that Lemon Law suits be solved through an arbitration proceeding.

Generally, state Lemon Law statues also apply to leased vehicles and preowned cars bought while under the makers original warranty. A lot of state Lemon Laws also apply to vehicles other than passenger automobiles. depending on the purchaser's home residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (such as electronics)
There are many effective solutions possible under the Lemon Laws. Statesally, if the manufacturing business can't repair the motor vehicle, the consumer may either require the manufacturing business to replace the car, or obligate the manufacturing business to take the car and repay the purchase price plus incidental costs, like all charges, towing costs, repair costs, alternative travel charges and other costs incurred by the consumer as a result of the faults in the car. Another important remedy possible under most Lemon Laws is attorneys' expenses. In many states, if you prevail in a Lemon Law case, you do not have to pay any litigation fees-the car maker that sold you your lemon is forced to pay attorneys' bills.

The defendant motor vehicle original equipment manufacturer can apply various defenses to a Lemon Law claim. The typical regulation extends that the original producer is not guilty if it can show clearly that the flaws in dispute came about because of harm, disregard, or the tampering or alteration of a auto by anyone other than the original producer, an agent, or its authorized dealer. Put differently, if the consumer abuses his or her own automobile, or the troubles were the fault of modifications or alterations carried out by an unauthorized person, the original producer could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer merchandise warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer items to give consumers itemized info about warranty coverage claims. Additionally, it regulates both the rights of customers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act does not call for an auto manufacturing business to furnish buyers with a warranty, if a warranty is offered, the Magnuson Moss Act affords numerous protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by allowing customers to recoup legal charges and fair attorneys' expenses.

The Magnuson Moss Act is often valuable in a lemon case in which, for some reason, a state Lemon Law claim is not possible or otherwise unfit. For example, divaricate from the generally short cycle provided to public consumers inside many Lemon Laws, you could record a claim for breach of warranty after the warranty period has passed if the problems occurred during the warranty time period. Furthermore, although many Lemon Laws limit their coverage benefits to a narrow offering of motor vehicles, the Magnuson Moss Act is relevant to nearly all consumer items. The Magnuson Moss Act might also be applicable if you bought or leased a used vehicle without a manufacturing business warranty, or if the 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 passed in every U.S. state. It is the main source of law regulating product warranties, including automobiles and other items. The UCC offers an alternative legal course for customers with lemon troubles.

UCC code says that the consumer of a product is entitled to return products that do not perform in any respect to the consumer agreement. Essentially, if your recently purchased item doesn't function as established by the manufacturing business (your original warranty is part of your consumer warranty), you can file a claim referencing the UCC in addition to whatever additional claims you might have.

The period for rejecting a vehicle with the UCC is not unlimited. If you come across a failing in your automobile inside a fair review period, you can refuse the car. Unfortunately, brand new motor vehicles can be frequently mechanically enigmatic and you may not understand whether your product conforms to the consumer agreement until long after you acquire the product and troubles start to arise. Therefore, if After this review time period you do not reject the product, you will be deemed to have accepted it and will have no claim through the UCC.

The length of the review period is not delineated in the regulation. State courts determine how long the reasonable inspection period is based on the consumer's understanding and past experience, the consumer's difficulty in observing the failing, and the consumer's opportunity to observe the problem.

In spite of this restriction, the UCC states that in certain cases where a purchaser is deemed to have approved of products (i.e. the reasonable inspection time period has expired), a purchaser may still take back his approval of those products where the non-conformity largely cripples the value of the products to him. Those instances include situations in which it was burdensome to come across the nonconformity or the purchaser was ensured that the non-conformity would be repaired. In other words, the local court will pardon the purchaser from not refusing the products where the purchaser could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a automobile excessively breaks and you have to keep taking it back to the car dealership for repair under the warranty, the auto lemon law can be your next refuge. The gremlin ought to be significant in which it hinders your driving the motor vehicle or your safety. A motor vehicle stalling constantly is a significant gremlin. This is exactly the type of problem that can stymie your driving and your safety. Under the auto lemon law you are not obligated to show why the motor vehicle is stalling, you simply have to demonstrate that it is stalling. Essentially you need to look into the lemon law in these 3 instances: the motor vehicle keeps dying inside the warranty time period, the motor vehicle is a safety hazard, the dealer is not able to repair the motor vehicle when it is guaranteed.

If you own a motor vehicle which is a lemon you can immediately write to the maker and ask for a replacement motor vehicle. If this requirement is not acceptable to the maker, you may enter into an arbitration process. A few manufacturers have their own arbitration process. Other manufacturers utilise third party arbitration program such as Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the maker but not on the consumer. If unsatisfied with the proposal, the consumer can take the maker to court.

Virtually all regulations specify that the owner needs to be restored back to the financial status they were in prior to purchasing the automobile, less the amount that the owner gained from by using the automobile. To get the compensation amount many components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned vehicles might qualify under regular lemon laws. For example, a pre-owned motor vehicle might fall under regular lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States which do have a pre-owned car lemon law may be extra generous with the age and amount of mileage. Still, the car needs to be sold by a dealership that supplies a written warranty. Private party sales are not regulated, nor are motor vehicles sold under a specific original price paid. There might be additional restrictions to a used car lemon law such as the proposes for which the automobile is utilized or the categorisation of automobile. Classic cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws usually cover a much shorter period of time than new car laws. They often range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the fee structure. Many lemon law lawyers require a relatively modest retainer to manage a lemon law claim, and afterward, the lawyer's invoices are billed to the manufacturer. Essentially, lemon law claims are ordinarily very low-cost to purchasers. The reimbursement of lawyer expenses differs from state to state. About one-half of the states permit you to recover your Lawyer invoices if you win. The lawyer's fee is based upon actual time used instead of being bound to any share of the recuperation. In many States, you have to pay the manufacturer's attorney's fees if you lose.

Consumers should place their complaints in writing and keep a copy. In all written communication, always make clear how burdensome it is to return the vehicle to the dealer for corrections and that the reliability that the consumer thought He was purchasing has been non-existent. Any written communication with a car dealership or manufacturer must be sent using certified post. In most claims the manufacturers claim that they haven't had the essential number of attempts to remedy the defect. They assume on the fact that the consumer does not file repair sheets for each time they have driven the motor vehicle into the authorized repair facility. They also depend on the possibility that the repair sheets have seperate parts fixed each period proving that they have not fixed the same defect. Consumers should respond by requiring that authorized dealerships always give them a warranty repair ticket. Consumers ought to also reason that these unrecorded visits are efforts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately review your owner's booklet and warranty info entirely, as well as the facts pertaining lemon law rights which you should get when you buy your car. Don't depend on your car dealership to identify which defects are covered by warranty. If your car dealership states that a defect is not covered and you believe that he or she is purposely deceiving you, be civil but self-asserting. Don't be frighted to go over the section of the warranty that is relevant, or to call the manufacturing business for confirmation utilizing the contact references included with your owner's booklet. You shouldn't have to pay for repairs connected to lemon law complaints. It's also important to give notice the manufacturing business of a complaint promptly. If you suspect that your automobile has a problem which just can't be repaired, check 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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