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.

In simple terms, the Lemon Laws specify that if you purchase (and in several states, lease) a brand new or pre-owned vehicle or other car with a warranty that repeatedly breaks down, and the original equipment manufacturer cannot rebuild it even with duplicated attempts (within a limited time limit that differs from state to state), or if the motor vehicle is not usable for a fixed time (usually 30 days) due to its shortcomings, you are entitled to a broad range of abuses, including:

1. Monetary restitution
2. A compensation of the purchase cost
3. A new automobile
Additionally, almost all of the Lemon Laws (as well as the Federal Warranty Law) have a fee transferring element that says that if you win your suit, the manufacturing business or dealer which sold you your lemon is obliged to pay for attorneys' expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Although the protections of each state's statute are different, the standard state Lemon Law statute affords remedy to a consumer with a broken-down automobile covered by a warranty if:

1. The car dealership or manufacturing business cannot accurately repair a specific gremlin in the product after a sensible number of repair tries (typically at least 3);
2. The car can't be used for at least 30 days due to problems in the automobile; or
3. The car dealership or manufacturing business just can't repair a failing that is a severe safety hazard.

In general, a defective automobile is a automobile with a defect or affliction that often impairs its usability, marketability, or safety to the consumer and does not comply with the warranty. In most instances, the period of time in which the Lemon Laws apply are rather short; the problems and resulting repair attempts (or out-of-service time period) often must occur during the first two-years or 24,000 miles of consumer ownership of the automobile. However, a number of states have even shorter periods. Furthermore, many states have notice and activation prerequisites, such as asking the consumer to send off registered mail notice to the manufacturing business of the defects and affording the dealership a chance to fix the motor vehicle. In addition, various states necessitate that Lemon Law cases be settled through an arbitration process.

Generally, state Lemon Law ordinances also apply to leased vehicles and used vehicles bought whilst under the producers basic warranty. A good number of state Lemon Laws also apply to vehicles other than passenger vehicles. based on the customer's state of residence, or the state where the consumer purchased the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (like computers)
There are many significant remedies possible under the Lemon Laws. American Statesten times, if the manufacturer just can't repair the vehicle, the consumer can either demand the manufacturer to replace the car, or demand the manufacturer to take back the car and payback the original cost including accompanying damages, like all expenses, towing charges, repair charges, associated transportation costs and other costs incurred by the consumer as a result of the shortcomings in the car. Another important solution available under most Lemon Laws is legal expenses. In almost all states, if you prevail in a Lemon Law case, you won't have to pay any legal fees-the car original producer that sold you your lemon is expected to pay all of your attorney's expenses.

The defendant auto original producer can employ several defenses to a Lemon Law claim. The conventional statute provides that the original equipment manufacturer is not responsible if it can affirm that the defects in dispute came about because of abuse, disregard, or the alteration or modification of a car by persons other than the original equipment manufacturer, an agent, or an authorized repair facility. Restated, if the consumer dismantles his or her own automobile, or the troubles were caused by tampering or alterations executed by a third party, the original equipment manufacturer might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer goods to provide consumers with explanatory facts about warranty coverage. Additionally, it affects both the rights of consumers and the obligations of warrantors under written warranties.

Although the Magnuson Moss Act doesn't call for an vehicle original maker to supply purchasers with a warranty, if a warranty is supplied, the Magnuson Moss Act provides several protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing for public consumers to recuperate court charges and fair attorney's fees.

The Magnuson Moss Act is frequently useful in a lemon suit in which, for some reason, a state Lemon Law claim is not available or furthermore unfit. For instance, unlike the rather short cycle offered to customers inside most Lemon Laws, you can register a claim for breach of warranty after the warranty period has expired if the defects happened during the warranty period. Additionally, although some Lemon Laws restrict their coverage benefits to a narrow group of automobiles, the Magnuson Moss Act is relevant to just about all consumer items. The Magnuson Moss Act may also be applicable if you bought or leased a used car without a manufacturer's warranty, or if the car is covered by a third party 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 prime basis of law regulating product contracts, including automobiles and other items. The UCC provides a legal channel for consumers with lemon troubles.

UCC code says that the buyer of a product is entitled to return product that fail in any regard to the consumer warranty. Fundamentally, if your new motor vehicle does not operate as established by the original maker (your manufacturer warranty is a portion of your agreement), you can file a claim referencing the UCC in addition to whatever additional claims you may have.

The time period for returning a vehicle with the UCC is not unlimited. If you observe a deficiency in your automobile within a reasonable review period, you may reject the automobile. Unfortunately, new motor vehicles can be often mechanically complex and you might not recognize whether your vehicle conforms to the consumer warranty until long after you purchase the vehicle and problems start to arise. So, if After this review period you fail to reject the vehicle, you will be said to have approved of it and will have no claim through the UCC.

The length of the review time period is not outlined in the statute. Courts decide how long the fair inspection period is based on the buyer's expertise and past experience, the buyer's trouble in happening upon the failing, and the buyer's opportunity to come upon the gremlin.

In spite of this restriction, the UCC provides that in certain examples where a consumer is alleged to have approved of goods (i.e. the fair inspection time has expired), a consumer can still negate his acceptance of those products where the non-conformity frequently cripples the economic value of the products to him. Those cases include lawsuits in which it proves challenging to reveal the nonconformity or the consumer was told that the non-conformity would be remedied. In different words, the court will exempt the consumer from not rejecting the products where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively breaks and you have to keep taking it back to the dealership for repair under the written warranty, the motor vehicle lemon law may be your next refuge. The gremlin must be significant in which it prohibits your driving the item or your safety. A item stalling frequently would be a significant gremlin. This is exactly the type of condition that may impair your driving and your safety. Under the automobile lemon law you are not required to indicate why the vehicle is stalling, you merely have to establish that it is stalling. In essence you need to check the lemon law in these 3 instances: the vehicle keeps breaking within the warranty time period, the vehicle is a safety hazard, the car dealership is incapable to correct the vehicle when it is warranted.

If you have a car which is a lemon you can immediately write to the original equipment manufacturer and ask for another equivalent car. If this demand is not acceptable to the original equipment manufacturer, you can move into an arbitration arrangement. A few manufacturers incorporate their own arbitration process. Other manufacturers utilize outside arbitration program such as Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the original equipment manufacturer but not on the consumer. If unsatisfied with the assessment, the consumer can take the original equipment manufacturer to court.

Virtually all laws specify that the customer needs to be returned back to the financial status they were in prior to purchasing the car, less the amount of money that the customer profited from by using the car. To get the refund amount many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned vehicles will qualify under regular lemon laws. For example, a pre-owned vehicle may fall under regular lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States that do have a used vehicle lemon law may be additionally accommodative with the age and measure of mileage. Still, the car needs to be sold by a dealer that offers a written warranty. Individual sales aren't regulated, neither are cars sold under a specific purchase price. There could be other restrictions to a used car lemon law such as the proposes for which the car is used or the categorisation of car. Classic cars, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter time period than new car regulations. They oftentimes range from 30 to 90 days, depending on your pre-owned car's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the pricing system. Many lemon law lawyers get a generally modest retainer to handle a lemon law claim, and thereafter, the lawyer's bills are billed to the manufacturer. Therefore, lemon law claims are generally very inexpensive to consumers. The reimbursement of lawyer expenses varies from state to state. About half of the states allow for you to recuperate your Lawyer invoices if you win. The lawyer's fee is based on actual time spent instead of being linked to any share of the recuperation. In a few States, you have to pay the manufacturing business* lawyer's fees if you lose.

Consumers should put their charges in writing and hold a copy. In every written correspondence, always explain how burdensome it is to bring the automobile to the car dealership for corrections and that the dependability that the owner believed He was acquiring has been non-existent. Any written correspondence with a dealer or manufacturer must be sent using certified post. In almost all claims the manufacturers claim that they have not had the essential number of tries to remedy the defect. They assume on the knowledge that the owner does not retain repair orders for each occurance they have taken the auto into the shop. They also assume on the possibility that the repair orders have different things repaired every time showing that they have not fixed the same defect. Consumers should reply by asking that sellers always hand them a warranty repair order. Consumers must also contend that these undocumented trips are tries.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately page through your owner's binder and warranty references entirely, and the information on lemon law rights which you should get when you acquire your vehicle. Don't rely on your car dealership to teach you which troubles are covered by warranty. If your car dealership states that a defect is not covered and you think that he or she is being deceptive, be civilized but self-assertive. Don't be scared to produce the section of the warranty that applies, or to call the manufacturer for substantiation applying the contact information included with your owner's binder. You should not be obligated pay for repairs related to lemon law complaints. It's also important to advise the manufacturer of a complaint straightaway. If you suspect that your vehicle has a condition that cannot 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.

Virginia Lemon Law Firms:

Virginia Cities:
Choose your City/Zipcode