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Virginia

VIRGINIA Lemon Law:

Va. Code Ann. §§ 59.1-207.9 to 59.1-207.16

Vehicles covered: Passenger cars, pick-up or panel trucks, motorcycles,

motorized portions of motor homes and mopeds, demonstrators,

and lease-purchase vehicles (§ 59.1-207.11).

Persons covered: Purchasers, lessees, transferees during express

warranty period, or any person entitled to enforce the warranty

(§ 59.1-207.11).

Period covered: Eighteen months from date of delivery (§ 59.1-

207.11).

Disclosure requirements: Manufacturer must provide in the warranty

or owner’s manual clear and conspicuous disclosure that

consumer must give notice before lemon law rights can be exercised

(§ 59.1-207.13(D)).

Required consumer notice: Written notification by the consumer or

his representative to the address the manufacturer specifies in the

warranty or owner’s manual, unless factory representative has

inspected or been consulted as to the nonconformity (§§ 59.1-

207.13(E), 59.1-207.11).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

three or more repairs, or if the nonconformity is a serious safety

defect subjected to one or more repairs, or if the vehicle is out of

service for a cumulative total of thirty or more calendar days

(§ 59.1-207.13(B)).

Affırmative defenses: The nonconformity does not substantially

impair the use, market value or safety of the vehicle, or is the result

of the consumer’s abuse, neglect, or unauthorized modifications or

alterations (§ 59.1-207.13(G)); statute of limitations (§ 59.1-

207.16).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with a comparable vehicle acceptable to the consumer, or

refund the full purchase price less a reasonable use allowance

(defined) (§ 59.1-207.13(A)).

Other reimbursement: Collateral charges and incidental damages

(§ 59.1-207.13(A)(2)). Attorney fees, costs and expert witness fees

(§ 59.1-207.14). Triple damages and attorney fees if manufacturer

fails to comply with arbitration decision (§ 59.1-207.15(C)).

Other remedies: There is no limit on other consumer remedies

(§ 59.1-207.13(F)).

Informal dispute resolution: For remedies under this section a

consumer must first use an informal dispute settlement procedure

established by the manufacturer, provided the procedure complies

with state and federal laws (§ 59.1-207.15).

Resale of lemon: Full written disclosure required (§ 59.1-207.16:1).