Virginia's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for Virginia (Code of Virginia, título 59.1, chapter 17.3 (Motor Vehicle Warranty Enforcement Act, § 59.1-207.9 and siguientes)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

Passenger cars, pickup and panel trucks, motorcycles, autocycles, mopeds and the motorized chassis of motor homes, new, demonstrator or leased, under the maker's warranty and used mainly for personal or household purposes, with a defect that significantly impairs use, value or safety.

Rights period: 18 months from original delivery to the consumer (the "lemon law rights period"). It is extended if you notified the maker and it was not fixed before the period ended. If you buy the car used within that time and under warranty, it protects you too.

When it is presumed a lemon

Within the 18 months: three or more unsuccessful repair attempts for the same defect; or one or more attempts for a serious safety defect; or 30 cumulative calendar days in the shop. You must notify the maker in writing; if it did not know, it gets one last attempt of up to 15 days.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

First, if you want, the maker's informal dispute program (it is optional; if it rules for you, the maker has 40 days to comply). There is no state arbitration: the claim is made with a lawsuit in court within the 18 months, or up to 12 months after the informal program's final decision, whichever is longer. If you win, the maker pays your attorney fees and costs.

Who handles it: Virginia Office of the Attorney General — Consumer Protection Section (quejas; la ley se hace valer en corte, no ante una junta estatal).

Hotline: 800-552-9963 (en Virginia) · 804-786-2042.

What you get if you win

Replacement with a comparable car or refund of the full contract price, including collateral charges and incidental damages, at the consumer's choice, minus a reasonable allowance for use (up to half the IRS per-mile rate).

What it does not cover

Any vehicle not on the covered list: the law reaches only passenger cars, pickup and panel trucks, motorcycles, autocycles, mopeds and the motorized chassis of motor homes (§ 59.1-207.11), so a truck that is not a pickup or panel truck, a trailer or a motor home body falls outside it, whatever the weight. Also: defects that do not significantly impair use, value or safety; defects from abuse, neglect or unauthorized modifications; vehicles bought for resale or not used mainly for personal or household purposes.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In Virginia: Mandatory written disclosure if the car is rebuilt (VSA 59, § 46.2-1602); the Virginia Consumer Protection Act bars hiding that goods are used or defective or lying about repairs (§ 59.1-200); dealer complaints go to the Motor Vehicle Dealer Board, and with a court judgment the Transaction Recovery Fund pays up to $25,000 per transaction for fraud by a licensed dealer; implied warranty unless the seller excludes it with "as is" (§ 8.2-316).