How does the lemon law process work in Virginia?
Virginia's lemon law is enforced primarily through civil court action, with the manufacturer's informal dispute resolution required first.
1. Governing Statute
Va. Code §§ 59.1-207.9 to 59.1-207.16:1, the Virginia Motor Vehicle Warranty Enforcement Act. Administered with consumer assistance through the Office of the Attorney General.
2. Coverage
Covers new motor vehicles, including passenger cars, pickup or panel trucks, motorcycles, autocycles, mopeds, low-speed vehicles, and the self-propelled motorized chassis of a motor home, sold or registered in Virginia. Leased vehicles included. Excluded: living quarters of motor homes, used motor vehicles, and trucks over 10,000 lbs GVWR.
3. Lemon Presumption
Under § 59.1-207.13(B), a reasonable number of attempts is presumed during the 18-month Lemon Law Rights Period when: (a) the same nonconformity has been subject to repair 3+ times, (b) the nonconformity is a serious safety defect and has been subject to 1 repair attempt, or (c) the vehicle is out of service for repair 30+ cumulative calendar days.
4. Notice to Manufacturer
The consumer must give the manufacturer written notice by certified mail of the need for final correction (§ 59.1-207.13(A)). Manufacturer has 15 days to designate a final repair location.
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace the vehicle with a comparable new vehicle or refund the full contract price including collateral charges (taxes, title, registration, dealer-installed options, finance charges), minus a reasonable allowance for use (§ 59.1-207.13(D)).
6. Arbitration
If the manufacturer has a state-certified informal dispute settlement procedure (e.g., BBB AUTO LINE), the consumer must complete it before filing a civil action (§ 59.1-207.15). The decision is binding on the manufacturer only.
7. Lawsuit & Fee-Shifting
A prevailing consumer recovers reasonable attorney's fees, expert witness fees, and court costs (§ 59.1-207.14). Parallel Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)) and Virginia Consumer Protection Act (Va. Code § 59.1-196) claims are commonly added.
This is legal information, not legal advice.
- Manufacturer arbitration was unfavorable and you want to sue
- Serious safety defect designation is disputed
- Lemon Law Rights Period ending soon
- Va. Code §§ 59.1-207.9 to 59.1-207.16:1 (Motor Vehicle Warranty Enforcement Act)
- Va. Code § 59.1-196 (Consumer Protection Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.