Key takeaways
- Protection period: 18 months after original delivery of the new vehicle to the consumer. It is extended if the manufacturer was notified but the defect was not effectively repaired by the end of the period.
- Repair attempts: same nonconformity subject to repair three or more times within the rights period and it continues to exist.
- Days out of service: cumulative total of 30 calendar days out of service due to repair within the rights period.
- Deadline: within the 18-month lemon law rights period. If the consumer used the manufacturer's dispute procedure within that period without a satisfactory result, the deadline is 12 months from the final action in that procedure or the original rights period, whichever is longer.
- The law is Va. Code Ann. §§ 59.1-207.9 to 59.1-207.16:1. Read it with your repair orders and your warranty in front of you.
On this page
Virginia's lemon law is Va. Code Ann. §§ 59.1-207.9 to 59.1-207.16:1, the Virginia Motor Vehicle Warranty Enforcement Act. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Virginia lemon law at a glance
| Statute | Va. Code Ann. §§ 59.1-207.9 to 59.1-207.16:1 |
|---|---|
| Official name | Virginia Motor Vehicle Warranty Enforcement Act |
| Vehicles covered | Passenger cars, pickup or panel trucks, motorcycles, autocycles, mopeds, and the self-propelled motorized chassis of motor homes, plus demonstrators or leased vehicles sold with a warranty, used in substantial part for personal, family or household purposes. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Lemon law rights period: 18 months after original delivery of the new vehicle to the consumer. It is extended if the manufacturer was notified but the defect was not effectively repaired by the end of the period. |
| Repair attempts | Same nonconformity subject to repair three or more times within the rights period and it continues to exist. |
| Serious safety defects | A serious safety defect (life-threatening malfunction that impedes control or operation, or creates a risk of fire or explosion) subject to repair one or more times and it continues to exist. |
| Days out of service | Cumulative total of 30 calendar days out of service due to repair within the rights period. |
| Notice to the manufacturer | The consumer must notify the manufacturer in writing of the need for repair unless it has already been notified as defined in the statute (written complaint mailed, written response, or factory representative involvement). If a presumption already exists and the manufacturer was not notified, it gets one additional opportunity, not to exceed 15 days, to repair. |
| Dispute programs | Optional. If the manufacturer offers an informal dispute settlement procedure, it is the consumer's choice whether to use it. A court may triple the award if the manufacturer fails to comply with an accepted decision. No state-run arbitration program. |
| Deadline to bring a claim | Within the 18-month lemon law rights period. If the consumer used the manufacturer's dispute procedure within that period without a satisfactory result, the deadline is 12 months from the final action in that procedure or the original rights period, whichever is longer. |
| Remedies | At the consumer's unconditional choice, a comparable replacement vehicle or a refund of the full contract price including all collateral charges and incidental damages, less a reasonable use allowance up to the first notice of nonconformity. The use allowance may not exceed one-half of the IRS business mileage rate per mile, plus any damage beyond normal wear. Leases are terminated without penalty. |
| Attorney's fees | Yes. A successful consumer shall recover reasonable attorney's fees, expert witness fees and court costs. A defendant in a frivolous consumer action may also recover them. |
| Used vehicles | No separate used-car lemon law. A person to whom the vehicle is transferred during any applicable warranty is a covered consumer, within the 18-month rights period. The Attorney General's page says the law may apply to used vehicles under certain conditions, citing Subaru of America, Inc. v. Peters, 256 Va. 43 (1998). |
Does your vehicle qualify in Virginia?
The law covers passenger cars, pickup or panel trucks, motorcycles, autocycles, mopeds, and the self-propelled motorized chassis of motor homes, plus demonstrators or leased vehicles sold with a warranty, used in substantial part for personal, family or household purposes. The protection period is 18 months after original delivery of the new vehicle to the consumer. It is extended if the manufacturer was notified but the defect was not effectively repaired by the end of the period. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair three or more times within the rights period and it continues to exist.
- Serious safety defect: A serious safety defect (life-threatening malfunction that impedes control or operation, or creates a risk of fire or explosion) subject to repair one or more times and it continues to exist.
- Days out of service: Cumulative total of 30 calendar days out of service due to repair within the rights period.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
The consumer must notify the manufacturer in writing of the need for repair unless it has already been notified as defined in the statute (written complaint mailed, written response, or factory representative involvement). If a presumption already exists and the manufacturer was not notified, it gets one additional opportunity, not to exceed 15 days, to repair.
Optional. If the manufacturer offers an informal dispute settlement procedure, it is the consumer's choice whether to use it. A court may triple the award if the manufacturer fails to comply with an accepted decision. No state-run arbitration program.
Deadline: Within the 18-month lemon law rights period. If the consumer used the manufacturer's dispute procedure within that period without a satisfactory result, the deadline is 12 months from the final action in that procedure or the original rights period, whichever is longer.
State resource: Office of the Attorney General of Virginia, Consumer Protection Section.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
At the consumer's unconditional choice, a comparable replacement vehicle or a refund of the full contract price including all collateral charges and incidental damages, less a reasonable use allowance up to the first notice of nonconformity. The use allowance may not exceed one-half of the IRS business mileage rate per mile, plus any damage beyond normal wear. Leases are terminated without penalty. Yes. A successful consumer shall recover reasonable attorney's fees, expert witness fees and court costs. A defendant in a frivolous consumer action may also recover them. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Virginia's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Virginia vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Virginia?
Under Va. Code Ann. §§ 59.1-207.9 to 59.1-207.16:1, the presumption is met when same nonconformity subject to repair three or more times within the rights period and it continues to exist. A defect likely to cause death or serious injury has its own test: A serious safety defect (life-threatening malfunction that impedes control or operation, or creates a risk of fire or explosion) subject to repair one or more times and it continues to exist. The law also counts time in the shop: cumulative total of 30 calendar days out of service due to repair within the rights period.
How long do I have to file a lemon law claim in Virginia?
Within the 18-month lemon law rights period. If the consumer used the manufacturer's dispute procedure within that period without a satisfactory result, the deadline is 12 months from the final action in that procedure or the original rights period, whichever is longer. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Virginia lemon law cover used cars?
No separate used-car lemon law. A person to whom the vehicle is transferred during any applicable warranty is a covered consumer, within the 18-month rights period. The Attorney General's page says the law may apply to used vehicles under certain conditions, citing Subaru of America, Inc. v. Peters, 256 Va. 43 (1998). Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Virginia lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Virginia?
The consumer must notify the manufacturer in writing of the need for repair unless it has already been notified as defined in the statute (written complaint mailed, written response, or factory representative involvement). If a presumption already exists and the manufacturer was not notified, it gets one additional opportunity, not to exceed 15 days, to repair. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Virginia?
Optional. If the manufacturer offers an informal dispute settlement procedure, it is the consumer's choice whether to use it. A court may triple the award if the manufacturer fails to comply with an accepted decision. No state-run arbitration program.
Can I recover attorney's fees under the Virginia lemon law?
Yes. A successful consumer shall recover reasonable attorney's fees, expert witness fees and court costs. A defendant in a frivolous consumer action may also recover them. We explain exactly how fees work in your case before you sign anything.