Virginia Used Car Lemon Law
Virginia does not have a lemon law specifically for used cars. However, the Virginia new car lemon law—called the Virginia Motor Vehicle Warranty Enforcement Act—can also apply to some types of used cars. Like other lemon laws, the Virginia law is designed to protect purchasers of cars that have mechanical problems the dealer or manufacturer either cannot or will not repair.
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Used Car Eligibility
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In the case of Subaru of America Inc. v. Peters, the Virginia court decided that Virginia's new car lemon law could also apply to used cars that are still covered by the manufacturer's original warranty. To qualify, the vehicle must be less than four years old and problems must be reported to the manufacturer within 18 months of the original delivery date. In addition, for used vehicles that are sold "as is" but without the Buyers Guide window sticker required by law, buyers have the right to cancel the sale within 30 days and get their money back.
Problems Covered
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Virginia's lemon law applies to all eligible passenger cars, pickups, panel trucks, motorcycles, motorized chassis of motor homes and mopeds. However, the law does not cover every problem, but only those problems that affect the drivers' ability to control or operate the vehicle; create a risk of fire or explosion; make the vehicle unsafe, unfit or unreliable for ordinary use; or affect the use or market value of the vehicle.
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Repair Attempts Required
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Virginia's lemon law requires dealers or manufacturers to make any repairs necessary to make the used vehicle conform to the warranty. The dealer or manufacturer must be given a reasonable number of attempts to make repairs. According to the Virginia lemon law, reasonable is defined as three repair attempts for the same problem, one repair attempt of a serious safety defect, or the vehicle being out of service for a total of 30 days.
How to Seek a Remedy
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After three attempts at repair, if the problem is not resolved, the Virginia lemon law allows buyers to ask the manufacturer to replace the vehicle or to refund the purchase price. Buyers must give the manufacturer written notice of their intention to seek a remedy under the lemon law. If the repair attempts or 30 days out of service have taken place before notice is given, the manufacturer can have one more attempt, within 15 days of the notice, to repair the vehicle.
Remedies Available
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Once the manufacturer has been given notice, the buyer can chose either a refund or a comparable replacement vehicle. If the buyer chooses a replacement, the manufacturer is allowed to deduct an allowance for the time the buyer used the vehicle before first reporting the problem. If the manufacturer refuses to provide a refund or replacement, the buyer has two choices. If the manufacturer has an informal dispute resolution procedure, the buyer can chose to use it. Buyers may chose instead to bring a court action. If successful in court, buyers may be awarded attorney's fees, expert witness fees and court costs, as well as a refund and damages.
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References
- Photo Credit Taillight and spoiler on new white car image by steven Husk from Fotolia.com
