VIRGINIA LEMON LAW:
Virginia Lemon Law
Title 59.1, Chapter 17.3, §59.1-207.9 - §59.1-207.16
VA - Office of Consumer Affairs
§ 59.1-207.9
This chapter may be cited as the Virginia Motor Vehicle Warranty Enforcement
Act.
(1984, c. 773.)
§ 59.1-207.10
The General Assembly recognizes that a motor vehicle is a major consumer
purchase, and there is no doubt that a defective motor vehicle creates a
hardship for the consumer. It is the intent of the General Assembly that a good
faith motor vehicle warranty complaint by a consumer should be resolved by the
manufacturer, or its agent, within a specified period of time. It is further the
intent of the General Assembly to provide the statutory procedures whereby a
consumer may receive a replacement motor vehicle, or a full refund, for a motor
vehicle which cannot be brought into conformity with the express warranty issued
by the manufacturer. However, nothing in this chapter shall in any way limit the
rights or remedies which are otherwise available to a consumer under any other
law.
(1984, c. 773.)
§ 59.1-207.11
As used in this chapter, the following terms shall have the following meanings:
"Collateral charges" means any sales-related charges including but not limited
to sales tax, license fees, registration fees, title fees, finance charges and
interest, transportation charges, dealer preparation charges or any other
charges for service contracts, undercoating, rust proofing or installed options,
not recoverable from a third party.
"Comparable motor vehicle" means a motor vehicle that is identical or reasonably
equivalent to the motor vehicle to be replaced, as the motor vehicle to be
replaced existed at the time of purchase with an offset from this value for a
reasonable allowance for its use.
"Consumer" means the purchaser, other than for purposes of resale, of a motor
vehicle used in substantial part for personal, family, or household purposes,
and any person to whom such motor vehicle is transferred for the same purposes
during the duration of any warranty applicable to such motor vehicle, and any
other person entitled by the terms of such warranty to enforce the obligations
of the warranty.
"Incidental damages" shall have the same meaning as provided in § 8.2-715.
"Lemon law rights period" means the period ending eighteen months after the date
of the original delivery to the consumer of a new motor vehicle. This shall be
the period during which the consumer can report any nonconformity to the
manufacturer and pursue any rights provided for under this chapter.
"Lien" means a security interest in a motor vehicle.
"Lienholder" means a person, partnership, association, corporation or entity
with a security interest in a motor vehicle pursuant to a lien.
"Manufacturer" means a person, partnership, association, corporation or entity
engaged in the business of manufacturing or assembling motor vehicles, or of
distributing motor vehicles to motor vehicle dealers.
"Manufacturer's express warranty" means the written warranty, so labeled, of the
manufacturer of a new automobile, including any terms or conditions precedent to
the enforcement of obligations under that warranty.
"Motor vehicle" means only passenger cars, pickup or panel trucks, motorcycles,
self-propelled motorized chassis of motor homes and mopeds as those terms are
defined in § 46.2-100 and demonstrators or lease purchase vehicles with which a
warranty was issued.
"Motor vehicle dealer" shall have the same meaning as provided in § 46.2-1500.
"Nonconformity" means a failure to conform with a warranty, a defect or a
condition, including those that do not affect the driveability of the vehicle,
which significantly impairs the use, market value, or safety of a motor vehicle.
"Notify" or "notification" means that the manufacturer shall be deemed to have
been notified under this chapter if a written complaint of the defect or defects
has been mailed to it or it has responded to the consumer in writing regarding a
complaint, or a factory representative has either inspected the vehicle or met
with the consumer or an authorized dealer regarding the nonconformity.
"Reasonable allowance for use" shall not exceed one-half of the amount allowed
per mile by the Internal Revenue Service, as provided by regulation, revenue
procedure, or revenue ruling promulgated pursuant to § 162 of the Internal
Revenue Code, for use of a personal vehicle for business purposes, plus an
amount to account for any loss to the fair market value of the vehicle resulting
from damage beyond normal wear and tear, unless the damage resulted from
nonconformity to any warranty.
"Serious safety defect" means a life-threatening malfunction or nonconformity
that impedes the consumer's ability to control or operate the new motor vehicle
for ordinary use or reasonable intended purposes or creates a risk of fire or
explosion.
"Significant impairment" means to render the new motor vehicle unfit, unreliable
or unsafe for ordinary use or reasonable intended purposes.
"Warranty" means any implied warranty or any written warranty of the
manufacturer, or any affirmations of fact or promise made by the manufacturer in
connection with the sale of a motor vehicle that become part of the basis of the
bargain. The term "warranty" pertains to the obligations of the manufacturer in
relation to materials, workmanship, and fitness of a motor vehicle for ordinary
use or reasonable intended purposes throughout the duration of the lemon law
rights period as defined under this section.
(1984, c. 773; 1988, c. 603; 1990, c. 772; 1998, c. 671.)
§ 59.1-207.12
Conformity to all warranties
If a new motor vehicle does not conform to all warranties, and the consumer
reports the nonconformity to the manufacturer, its agents, or its authorized
dealer during the manufacturer's warranty period, the manufacturer, its agent or
its authorized dealer shall make such repairs as are necessary to conform the
vehicle to such warranties, notwithstanding the fact that such repairs are made
after the expiration of such manufacturer's warranty period.
(1984, c. 773; 1988, c. 603.)
§ 59.1-207.13
Nonconformity of motor vehicles
A. If the manufacturer, its agents or authorized dealers do not conform the
motor vehicle to any applicable warranty by repairing or correcting any defect
or condition, including those that do not affect the driveability of the
vehicle, which significantly impairs the use, market value, or safety of the
motor vehicle to the consumer after a reasonable number of attempts during the
lemon law rights period, the manufacturer shall:
1. Replace the motor vehicle with a comparable motor vehicle acceptable to the
consumer, or
2. Accept return of the motor vehicle and refund to the consumer and any
lienholder as their interest may appear the full purchase price, including all
collateral charges, incidental damages, less a reasonable allowance for the
consumer's use of the vehicle up to the date of the first notice of
nonconformity that is given to the manufacturer, its agents or authorized
dealer. The consumer shall have the unconditional right to choose a refund
rather than a replacement vehicle and to drive the motor vehicle until he
receives either the replacement vehicle or the refund. The subtraction of a
reasonable allowance for use shall apply to either a replacement or refund of
the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by
attempts to conform such motor vehicle to the express warranty may be recovered
by the consumer.
B. It shall be presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to any warranty and that the motor vehicle
is significantly impaired if during the period of eighteen months following the
date of original delivery of the motor vehicle to the consumer either:
1. The same nonconformity has been subject to repair three or more times by the
manufacturer, its agents or its authorized dealers and the same nonconformity
continues to exist;
2. The nonconformity is a serious safety defect and has been subject to repair
one or more times by the manufacturer, its agent or its authorized dealer and
the same nonconformity continues to exist; or
3. The motor vehicle is out of service due to repair for a cumulative total of
thirty calendar days, unless such repairs could not be performed because of
conditions beyond the control of the manufacturer, its agents or authorized
dealers, including war, invasion, strike, fire, flood or other natural
disasters.
C. The lemon law rights period shall be extended if the manufacturer has been
notified but the nonconformity has not been effectively repaired by the
manufacturer, or its agent, by the expiration of the lemon law rights period.
D. The manufacturer shall clearly and conspicuously disclose to the consumer, in
the warranty or owner's manual, that written notification of the nonconformity
to the manufacturer is required before the consumer may be eligible for refund
or replacement of the vehicle under this chapter. The manufacturer shall include
with the warranty or owner's manual the name and address to which the consumer
shall send such written notification.
E. It shall be the responsibility of the consumer, or his representative, prior
to availing himself of the provisions of this section, to notify the
manufacturer of the need for the correction or repair of the nonconformity,
unless the manufacturer has been notified as defined in § 59.1-207.11. If the
manufacturer or factory representative has not been notified of the conditions
set forth in subsection B of this section and any of the conditions set forth in
subsection B of this section already exists, the manufacturer shall be given an
additional opportunity, not to exceed fifteen days, to correct or repair the
nonconformity. If notification shall be mailed to an authorized dealer, the
authorized dealer shall upon receipt forward such notification to the
manufacturer.
F. Nothing in this chapter shall be construed to limit or impair the rights and
remedies of a consumer under any other law.
G. It is an affirmative defense to any claim under this chapter that:
1. An alleged nonconformity does not significantly impair the use, market value,
or safety of the motor vehicle; or
2. A nonconformity is the result of abuse, neglect or unauthorized modification
or alteration of a motor vehicle by a consumer.
(1984, c. 773; 1987, c. 607; 1988, c. 603; 1990, c. 772; 1998, c. 671.)
§ 59.1-207.14
Action to enforce provisions of chapter
Any consumer who suffers loss by reason of a violation of any provision of this
chapter may bring a civil action to enforce such provision. Any consumer who is
successful in such an action or any defendant in any frivolous action brought by
a consumer shall recover reasonable attorney's fees, expert witness fees and
court costs incurred by bringing such actions.
(1984, c. 773; 1988, c. 603.)
§ 59.1-207.15
Informal dispute settlement procedure
A. If a manufacturer provides an informal dispute settlement procedure, it shall
be the consumer's choice whether or not to use it prior to availing himself of
his rights under this chapter.
B. If a dispute settlement procedure is resorted to by the consumer and the
decision is for a refund or a comparable motor vehicle, the manufacturer shall
have forty days from its receipt of the consumer's acceptance of the decision or
from the date of a court order to comply with the terms of the decision.
C. In any action brought because of the manufacturer's failure to comply with
the decision, within the scope of the procedure's authority, rendered as a
result of a dispute resolution proceeding or a court order, the court may triple
the value of the award stipulated in the decision as provided for in this
chapter, plus award other equitable relief the court deems appropriate,
including additional attorney's fees.
(1988, c. 603; 1990, c. 772.)
§ 59.1-207.16
Action to be brought within certain time
Any action brought under this chapter shall be commenced within the lemon law
rights period following the date of original delivery of the motor vehicle to
the consumer; however, any consumer whose good faith attempts to settle the
dispute have not resulted in the satisfactory correction or repair of the
nonconformity, replacement of the motor vehicle or refund to the consumer of the
amount described in subdivision 2 of subsection A of § 59.1-207.13, shall have
twelve months from the date of the final action taken by the manufacturer in its
dispute settlement procedure or within the lemon law rights period, whichever is
longer, to file an action in the proper court, provided the consumer has
rejected the manufacturer's final action.
(1988, c. 603; 1990, c. 772; 1999, c. 387.)
§ 59.1-207.16:1
Disclosure of returned vehicles; penalty.
A. If a motor vehicle that is returned to the manufacturer or distributor either
under this chapter or by judgment, decree, or arbitration award in this or any
other state and is then transferred by a manufacturer or distributor to a
dealer, licensed under Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2, in
Virginia, the manufacturer or distributor shall disclose this information to the
Virginia dealer.
B. If the returned vehicle is then made available for resale or for another
lease, the manufacturer shall, prior to sale or lease, disclose in writing in a
clear and conspicuous manner, on a separate piece of paper in ten-point capital
type, to the Virginia dealer that this motor vehicle was returned to the
manufacturer, distributor or factory branch, the nature of the defect which
resulted in the return, and the condition of the motor vehicle at the time of
transfer to the Virginia dealer. It shall be the responsibility of the dealer
that receives this disclosure to give notice of its contents to any prospective
purchaser or lessee prior to sale or lease, and to transfer the disclosure, or a
copy thereof, to the next purchaser or lessee. A dealer's responsibility under
this section shall cease upon the sale or lease of the affected motor vehicle to
the first purchaser or lessee not for resale or lease.
C. Any manufacturer or distributor who violates this section of the Motor
Vehicle Warranty Enforcement Act shall be guilty of a Class 3 misdemeanor.
(1994, c. 578; 1998, c. 671.)
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