Virginia Lemon Law: Do You Qualify?
Under the Va. Code §§ 59.1-207.9 to 59.1-207.16:1 (Motor Vehicle Warranty Enforcement Act).
Virginia's lemon law is distinctive in two ways. First, its 18-month rights period is time-only: there is no mileage cap, so high-mileage commuters are not penalized. Second, a single failed repair attempt can qualify the vehicle when the defect is a serious safety defect, meaning a life-threatening malfunction that impedes your ability to control or operate the car or creates a risk of fire or explosion. If your new vehicle keeps failing, or failed dangerously even once, you may qualify for a refund or replacement. The free checker below applies Virginia's rules to your answers in minutes.
Virginia lemon law at a glance
- Coverage window
- 18 months from the date of original delivery, time-only: Virginia has no mileage cap. The defect must be reported during the rights period; repair attempts may continue beyond it so long as the initial report was timely.
- Repair attempts
- 3 attempts for the same defect, or just 1 attempt for a "serious safety defect": a life-threatening malfunction that impedes the ability to control or operate the vehicle, or creates a risk of fire or explosion.
- Days out of service
- 30 cumulative calendar days out of service, aggregated across any warranty defects.
- Written notice
- Required before suit: written notification to the manufacturer by registered, express, or certified mail, after which the manufacturer gets a final 15-day repair opportunity. Skipping the notice or the 15-day wait is a procedural bar.
- Used vehicles
- Virginia has no used-car lemon law. A vehicle transferred while the original manufacturer warranty is still in force can stay in scope, but a used vehicle bought outside that warranty is categorically excluded.
Check your Virginia eligibility now
Free, anonymous, and specific to Virginia. Answer a few questions about your vehicle and repair history to see whether you may qualify.
Virginia lemon law: frequently asked questions
- Is there a mileage limit on the Virginia lemon law?
- No. Virginia's lemon law rights period is 18 months from original delivery, measured in time only, which is unusual: most states pair a time limit with a mileage cap. What matters is that the defect is reported to the manufacturer or an authorized dealer during those 18 months.
- What is a "serious safety defect" under the Virginia lemon law?
- A life-threatening malfunction or nonconformity that impedes your ability to control or operate the vehicle for ordinary use, or that creates a risk of fire or explosion. For such a defect, a single failed repair attempt is enough to create the statutory presumption, instead of the usual 3.
- What steps are required before filing a Virginia lemon law suit?
- Written notice to the manufacturer by registered, express, or certified mail, followed by a final 15-day repair opportunity. Both elements are required; filing suit right after the third repair attempt without the notice and the 15-day wait is a frequent and fatal procedural mistake.
- Does the Virginia lemon law cover used cars?
- Not as a category: Virginia has no used-car lemon law, and a used vehicle purchased outside the original manufacturer's warranty is categorically excluded. A vehicle transferred during the original warranty can remain in scope, and the federal Magnuson-Moss Warranty Act is the usual parallel path for other used vehicles.
- How long do I have to file in Virginia?
- Suit must be brought within 18 months after the earlier of the warranty's expiration or the end of the lemon law rights period, which typically works out to no later than about 36 months from delivery. Parallel UCC warranty claims carry a 4-year period.
Think you qualify? Estimate your refund with the Virginia lemon law calculator →
Statutes cited on this page
- Va. Code § 59.1-207.11 (Virginia Motor Vehicle Warranty Enforcement Act: definitions and scope; "consumer", "nonconformity", "serious safety defect", "motor vehicle")
- Va. Code § 59.1-207.11 (Definition: "Lemon law rights period" — 18 months following the date of original delivery; TIME-only, no mileage cap)
- Va. Code § 59.1-207.13 (Reasonable number of repair attempts: 3 attempts, 1 attempt for serious safety defect, 30 cumulative days out of service)
- Va. Code § 59.1-207.13(B)(2) (1-attempt presumption for "serious safety defect")
- Va. Code § 59.1-207.13(E) (Written notice to manufacturer required pre-suit + 15-day final-repair opportunity; no specific mail method)
- Va. Code § 59.1-207.11 (Used-vehicle categorical exclusion: scope limited to "new motor vehicle" with original manufacturer's express warranty in force)
This page summarizes the statute in plain language and is not legal advice. The linked official text controls.