Virginia’s lemon law is actually called the Motor Vehicle Warranty Enforcement Act and it was put into place to protect buyers from vehicle warranties that were unfair. In order to seek protection under this act, you must first understand it. Virginia’s lemon law only applies to new cars. New cars are sold with manufacturers’ warranties with specific coverage for miles and months such as say three years 36000 miles, whichever comes first.
An Explanation of Virginia’s Lemon Law
The following are key points under Virginia’s lemon law. For your vehicle to qualify, it must meet these conditions:
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It must be either a passenger car, panel truck, pickup, motorcycle or moped, or a leased vehicle that is used primarily for personal or family and household reasons.
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The manufacturer must have tried to repair your vehicle at least three times or it must have been out of service for at least 30 days.
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In the event of a serious safety defect, there must have been at least one attempt to repair.
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The coverage under the lemon law is 18 months.
If the above applies to you and neither the dealer nor the manufacturer has been able to fix the problem, under Virginia’s lemon law they must:
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Replace your vehicle with one that you find acceptable, or
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Allow you to return the vehicle and refund the full purchase price along with all other interest and fees, minus an amount for your use of the vehicle.
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It is your right to choose a refund over a replacement and to continue to drive your vehicle until you receive your refund or a new vehicle.
If you think that your car is a lemon, you want to keep detailed records of any and all problems, all repairs that have been done, and the number of days that you are unable to use your car while the repairs were being made. It will be very difficult to prove that your car is a lemon without these documents. You will also want to hire a lemon law attorney like Krohn & Moss, Ltd. Consumer Law Center® to negotiate a settlement for you during arbitration or to go into court if it becomes necessary.
