Virginia Lemon Law Refund Calculator

How the Virginia buyback is calculated

Under the Virginia Motor Vehicle Warranty Enforcement Act.

• The refund is the full contract price, including all collateral charges and incidental damages, less a reasonable allowance for your use of the vehicle up to the date of the first notice of nonconformity you gave the manufacturer, its agents or an authorized dealer (Va. Code § 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 (§ 59.1-207.11). It is a ceiling, and this calculator deducts the ceiling: miles up to your first notice × one-half the IRS rate. Miles after your first notice are not part of it.
• The allowance can also include an amount for any loss in the vehicle's fair market value from damage beyond normal wear and tear, unless the damage resulted from the nonconformity (§ 59.1-207.11). You may enter that damage; the calculator deducts what you enter.
• Collateral charges are sales tax, license, registration and title fees, finance charges and interest, transportation and dealer preparation charges, and charges for service contracts, undercoating, rust proofing or installed options, not recoverable from a third party (§ 59.1-207.11). Incidental damages have the meaning given in § 8.2-715, and mileage, expenses and reasonable loss of use caused by the repair attempts may also be recovered (§ 59.1-207.13(A)). The Act does not say whether consequential damages are included.
• The Act has no multiplier on a refund. Only where the manufacturer fails to comply with a decision of its dispute settlement procedure, or a court order, may a court triple the value of the award (§ 59.1-207.15(C)); the calculator does not add it.

Virginia lemon law: frequently asked questions

How much can I recover under the Virginia lemon law?

Your estimated recovery is the full contract price plus collateral charges (sales tax, license, registration and title fees, finance charges and interest, transportation and dealer preparation charges, and service contracts or installed options not recoverable from a third party) and incidental damages, minus the allowance for use. The calculator gives an estimate, not a guaranteed figure.

How does the per-mile use allowance work?

The allowance may not exceed one-half of the IRS per-mile business rate (§ 59.1-207.11), and it is measured to "the date of the first notice of nonconformity" you gave the manufacturer, its agents or an authorized dealer (§ 59.1-207.13(A)). It applies to a replacement as well as a refund. Because it is a ceiling, the actual allowance may be lower; the calculator deducts the ceiling. The IRS rate is a shared setting in the calculator; confirm the rate for the year.

Who pays the lawyer under the Virginia lemon law?

A consumer who is successful in an action under the Act "shall recover reasonable attorney's fees, expert witness fees and court costs" (§ 59.1-207.14). So shall a defendant in a frivolous action brought by a consumer. Fees are not part of the calculator's figures.

How long do I have to file in Virginia?

An action must be commenced within the lemon law rights period, which ends 18 months after original delivery (§ 59.1-207.16). A consumer whose good faith attempts to settle through the manufacturer's informal dispute procedure did not resolve the matter has the longer of 12 months from its final action (if the procedure was resorted to within the rights period) or the original period. The rights period is extended if the manufacturer was notified but the defect was not repaired by its end (§ 59.1-207.13(C)).

Is there a dispute-resolution requirement in Virginia?

No. If a manufacturer provides an informal dispute settlement procedure, "it shall be the consumer's choice whether or not to use it" before relying on your rights (§ 59.1-207.15(A)). If you use it and accept a decision 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)). The calculator adds no penalty.