Virginia’s Motor Vehicle Warranty Enforcement Act, passed in 1984 covers cars, vans, light trucks, motorcycles, the motorized portion of motor homes and even mopeds for a period of 18 months from the time of delivery. This law is intended to protect consumers from defects in safety, value, or use and to insure that these defect are rectified in a timely manner.

Under Virginia law, a vehicle will qualify as a lemon under the following conditions:

It has a “serious safety defect” which prevents the owner from using the vehicle for ordinary use, or a “nonconformity” that causes the vehicle to fail to conform to the warranty in a way that affects the safety, market value or use of the vehicle.

The manufacturer has failed to repair the serious safety defect after one repair attempt or the manufacturer has failed to repair the nonconformity after three repair attempts.

A vehicle will also qualify if it has been out of service for a cumulative total of thirty calendar days due to attempts to repair either a serious safety defect or a nonconformity. This time period may be extended if the manufacturer is unable to effect repairs due to matters beyond its control, such as war, invasion, strike, fire, flood and other natural disasters.

Virginia’s law says that the consumer may be entitled to replacement or refund if the vehicle has a problem that is covered under warranty that cannot be repaired after a “reasonable” number of attempts. The law defines “reasonable” as three, or a total of 30 days in the shop for the same problem during the warranty period. 

Virginia’s law does allow for the consumer and manufacturer to engage in arbitration, but this is not mandatory, and the consumer may appeal.page

The lemon law provides for relief to the consumer in the form of either a replacement with a comparable motor vehicle or a refund of the purchase price, including collateral charges. “Collateral charges” are defined as any sales-related or lease-related charges, including undercoating, sales tax, rust proofing, installed options and the like.

A refund will be subject to an adjustment for prior use of the vehicle, which will not exceed one half of the mileage allowance permitted by the Internal Revenue Service. If the IRS allows thirty cents per mile, the allowance will not exceed fifteen cents per mile, for instance.

Should the law apply, the manufacturer has 40 days with which to comply. As is always the case with such laws, the manufacturer does have the right to reduce the settlement amount based on mileage and wear and tear on the vehicle.

Should the manufacturer elect not to comply, the owner of the vehicle has the right to bring a suit in a court of law. Should the owner prevail in court, he or she will be entitled to additional compensation in the form of attorney fees and court costs.

The manufacturer may offer an arbitration program within the state. Participation in any manufacturer’s arbitration program, should one be available, is completely optional for the owner of the vehicle. He or she may elect to engage in such a program at their own discretion.

If you are having difficulties with your car, truck or van, you may realize that you need the aid of an experienced lawyer. LegalMatch can help locate an experienced attorney for you in your area. Confidentiality is guaranteed, all lawyers are licensed, and inquiries are free.

. Details can be found the Virginia Lemon Law