Virginia Lemon Law
Every state has its own version of the lemon law which offers consumers recourse in the event they purchase a defective vehicle. While each state's law generally contains similar provisions, variances do exist in matters such as covered vehicles, period of protection and consumer options for pursuing their rights---for example, the option to go to court. Like many states, Virginia law only covers new vehicles. Virginia lemon laws fall under the Motor Vehicle Warranty Enforcement Act and anyone with questions should contact the Virginia Department of Agriculture and Consumer Services.
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Covered Vehicles
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Virginia lemon law provides protection for passenger cars, pickup trucks, panel trucks, motorcycles, mopeds and self-propelled motorized chassis of motor homes.
Period of Protection
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The law covers all new vehicles up to 18 months after the date of delivery. The law allows for a longer period in certain instances if the consumer can show good cause
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Qualifying Factors
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In order to qualify as a lemon vehicle, the car must have undergone a certain number of unsuccessful repair attempts or been out of service for a cumulative total of 30 days during the protection period. Serious defects that could result in serious injury or death need only undergo one repair attempt while other problems require at least three.
Manufacturer Notification
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The consumer must notify the manufacturer if he intends to pursue compensation under the lemon law. If however, if he has not been keeping the manufacturer abreast of repair attempts, the law allows the manufacturer 15 days from the day of notification to fix the problem.
Dispute Resolution or Legal Action
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Most manufacturers have state-approved warranty dispute resolution programs in place to deal with these matters. State laws vary in whether they require consumers to use them before resorting to other available options---Virginia does not require consumers to use them. The consumer can use the program or go right to legal action. They can also resort to legal action if they find the manufacturer program ruling unsatisfactory. In either case, if the consumer prevails, the manufacturer has 40 days from the day the consumer accepts the decision to provide either a refund or replacement vehicle.
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References
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