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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 the Motor Vehicle Warranty Enforcement Act. If the manufacturer, its agents or authorized dealers do not conform a vehicle to a warranty after a reasonable number of attempts during the lemon law rights period, which ends 18 months after original delivery to the consumer, the manufacturer must replace it or take it back and refund the price. A reasonable number of attempts is presumed after three repairs of the same nonconformity, one repair of a serious safety defect, or 30 days out of service, in each case within the 18 months and, for the repair presumptions, where the same nonconformity continues to exist. If this describes your vehicle, you may qualify; the free checker below applies Virginia's rules to your answers in minutes.

Virginia lemon law at a glance

Coverage window
The lemon law rights period ends 18 months after the date of original delivery to the consumer; it is the period in which the consumer can report a nonconformity and pursue rights under the Act, and the definition has no mileage figure (§ 59.1-207.11). The presumptions count repairs and days "during the lemon law rights period" (§ 59.1-207.13(B)). The period is extended if the manufacturer has been notified but the nonconformity has not been effectively repaired by its end (§ 59.1-207.13(C)); the Act does not say for how long. The manufacturer must still repair a nonconformity reported during its warranty period after that period ends (§ 59.1-207.12).
Covered vehicles and consumers
A "motor vehicle" is "only" a passenger car, pickup or panel truck, motorcycle, autocycle, self-propelled motorized chassis of a motor home or moped as defined in § 46.2-100, and demonstrators or leased vehicles with which a warranty was issued (§ 59.1-207.11). A pickup or panel truck has a registered gross weight of 7,500 pounds or less, or, if registered for personal use, up to 10,000 pounds (§ 46.2-100). A "consumer" is the purchaser (not for resale) or the lessee of a vehicle used in substantial part for personal, family, or household purposes, a person to whom it is transferred for those purposes during the duration of any warranty applicable to it, and anyone else entitled by the warranty to enforce it (§ 59.1-207.11).
Repair attempts
Three or more repairs of the same nonconformity by the manufacturer, its agents or its authorized dealers, where the same nonconformity continues to exist; or one or more repairs of a serious safety defect, where the same nonconformity continues to exist (§ 59.1-207.13(B)(1)-(2)). A "serious safety defect" is "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" (§ 59.1-207.11).
Days out of service
The vehicle is out of service due to repair for a cumulative total of 30 calendar days, unless the 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 (§ 59.1-207.13(B)(3)).
Written notice
The consumer must notify the manufacturer of the need for the correction or repair before relying on the section, unless the manufacturer has been notified as defined in § 59.1-207.11: a written complaint mailed to it, its written response, or a factory representative's inspection of the vehicle or meeting with the consumer or an authorized dealer. No mail method is prescribed. If it had not been notified when a presumption condition already existed, it gets an additional opportunity of up to 15 days to repair (§ 59.1-207.13(E)). The manufacturer must disclose in the warranty or owner's manual that written notification is required, with the address to send it to (§ 59.1-207.13(D)).
What you get back
At the consumer's choice, a comparable replacement acceptable to the consumer or a refund of the full contract price, including all collateral charges and incidental damages, less a reasonable allowance for use up to the date of the first notice of nonconformity given to the manufacturer, its agents or an authorized dealer; the consumer has "the unconditional right to choose a refund" and may drive the vehicle until the refund or replacement (§ 59.1-207.13(A)). The allowance "shall not exceed one-half of the amount allowed per mile by the Internal Revenue Service" for business use of a personal vehicle, plus any loss in fair market value from damage beyond normal wear and tear that did not result from the nonconformity (§ 59.1-207.11). It applies to a replacement as well as a refund. Collateral charges include sales tax, license, registration and title fees, finance charges and interest, transportation and dealer preparation charges, and service contracts, undercoating, rust proofing or installed options not recoverable from a third party (§ 59.1-207.11). Mileage, expenses and reasonable loss of use necessitated by repair attempts may also be recovered (§ 59.1-207.13(A)).
Leases
On a replacement or refund for a leased vehicle, the vehicle is returned to the manufacturer and the lease is terminated by the lessor without penalty to the consumer; the lessor transfers title as needed (§ 59.1-207.13(A1)). For a lease refund, collateral charges also include capitalized cost reductions, trade-in credits and allowances, fees to obtain the lease, and the lessor's insurance or other costs for the lessee's benefit (§ 59.1-207.11).
Used vehicles
A person to whom the vehicle is transferred during the duration of any warranty applicable to it is a consumer (§ 59.1-207.11). In Subaru of America, Inc. v. Peters (1998), the Supreme Court of Virginia held that the Act is not limited to new-vehicle purchases and that a buyer experiencing a significant impairment during the balance of the express factory warranty is a consumer, even though a prior owner had used the vehicle for business. The Attorney General says the Act may apply to used vehicles under certain conditions. The Act does not say what follows for a buyer whose manufacturer warranty had already ended.
Defenses and fees
It is an affirmative defense that the nonconformity does not significantly impair the use, market value, or safety of the vehicle, or is the result of abuse, neglect or unauthorized modification or alteration by a consumer (§ 59.1-207.13(G)). A consumer who is successful, or a defendant in a frivolous action brought by a consumer, "shall recover reasonable attorney's fees, expert witness fees and court costs" (§ 59.1-207.14).
Dispute programs and deadline
If a manufacturer provides an informal dispute settlement procedure, using it is the consumer's choice (§ 59.1-207.15(A)). If the decision is for a refund or comparable vehicle, the manufacturer has 40 days to comply, and a court may triple the value of the award where it does not (§ 59.1-207.15(B)-(C)). An action must be commenced within the lemon law rights period; a consumer whose good faith attempts to settle through the procedure did not resolve the matter has the longer of 12 months from its final action (if it was resorted to within the rights period) or the original period (§ 59.1-207.16). The Attorney General says the Act is enforceable by private action, not by a governmental agency.
Other law, and resale of returned vehicles
Nothing in the Act limits a consumer's rights and remedies under any other law (§ 59.1-207.10; § 59.1-207.13(F)). A vehicle returned to the manufacturer under the Act and resold must be disclosed in writing to the dealer and then to the next purchaser or lessee; a manufacturer's violation is a Class 3 misdemeanor (§ 59.1-207.16:1).
What the case shows
In Peters, the jury was instructed on the refund provision of § 59.1-207.13(A) and not on the presumption: the Court held the evidence of repeated reports of brake, engine and transmission problems, repair orders showing no charge for the work and a letter to the manufacturer sufficient to find a reasonable number of attempts during the 18 months.

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Virginia lemon law: frequently asked questions

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 reasonable intended purposes, or that creates a risk of fire or explosion (§ 59.1-207.11). One repair of such a defect, where the same nonconformity continues to exist, raises the presumption of a reasonable number of attempts, instead of three repairs (§ 59.1-207.13(B)(2)). It is a presumption, not an entitlement.
What must I do before relying on the Virginia lemon law?
Notify the manufacturer of the need to correct or repair the defect, unless it has already been notified as the Act defines (§ 59.1-207.13(E); § 59.1-207.11). The manufacturer must disclose in the warranty or owner's manual that written notification is required and give the address (§ 59.1-207.13(D)). No mail method is prescribed, but keep proof. If it had not been notified when a presumption condition already existed, it gets an additional opportunity of up to 15 days to repair. Using the manufacturer's informal dispute program is your choice (§ 59.1-207.15(A)).
Does the Virginia lemon law cover used cars?
It can. A person to whom the vehicle is transferred during the duration of any warranty applicable to it is a consumer (§ 59.1-207.11), and the Supreme Court of Virginia has applied the Act to a used vehicle bought within the balance of the express factory warranty (Subaru of America v. Peters, 1998). The 18 months still run from original delivery.
What can I recover, and who pays the attorney?
A comparable replacement, or a refund of the full contract price with collateral charges and incidental damages, less a reasonable allowance for use up to the first notice of nonconformity (§ 59.1-207.13(A)). A consumer who is successful "shall recover reasonable attorney's fees, expert witness fees and court costs" (§ 59.1-207.14).
How long do I have to file in Virginia?
An action must be commenced within the lemon law rights period, 18 months from original delivery (Va. Code § 59.1-207.16). If you used the manufacturer's informal dispute procedure within that period without a satisfactory result, you have the longer of 12 months from its final action or the rights period. The rights period itself is extended if the manufacturer was notified but the defect was not repaired by its end (§ 59.1-207.13(C)). Warranty claims under the U.C.C. must be commenced within four years after the cause of action accrues, which the original agreement may reduce to not less than one year (§ 8.2-725(1)).

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