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Lemon law in Virginia
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Virginia Motor Vehicle Warranty Enforcement Act, Va. Code §§ 59.1-207.9 to 59.1-207.16:1. A new vehicle is presumed a lemon in Virginia when, during the protection period, the same defect was repaired 3 or more times without a fix, or a defect that could cause death or serious injury was repaired 1 or more times, or it was out of service for repairs 30 or more days in total. The protection period is 18 months after delivery, whichever comes first. Leased vehicles are covered. Used vehicles are covered only in some cases.
At a glance
| Protection period | 18 months |
|---|---|
| Repair attempts, same defect | 3 |
| Attempts, serious safety defect | 1 |
| Days out of service | 30 |
| Used vehicles | Some |
| Leased vehicles | Covered |
| State arbitration program | No |
| Time limit to file | within 18 months after original delivery, or within 12 months after the manufacturer's dispute program's final action if that program was used within the 18 months, whichever is longer |
Who qualifies
Which vehicles
Passenger cars, pickup and panel trucks, motorcycles, autocycles, mopeds, and the self-propelled chassis of motor homes, used in substantial part for personal, family, or household purposes.
“"Motor vehicle" means only passenger cars, pickup or panel trucks, motorcycles, autocycles, self-propelled motorized chassis of motor homes and mopeds”
law.lis.virginia.gov
Repair attempts
The car is presumed a lemon if the same defect has been repaired three or more times within 18 months and still exists.
“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”
law.lis.virginia.gov
Serious safety defects
For a serious safety defect, one failed repair attempt is enough for the presumption if the defect still exists.
“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”
law.lis.virginia.gov
Days out of service
The car is presumed a lemon if it is out of service for repairs a total of 30 calendar days within 18 months.
“The motor vehicle is out of service due to repair for a cumulative total of 30 calendar days”
law.lis.virginia.gov
Used vehicles
Under certain conditions this law can apply to used vehicles, for example when a vehicle is transferred to a new owner during the warranty.
“Under certain conditions, the "Lemon Law" may apply to used vehicles”
oag.state.va.us
Leased vehicles
Yes. Lessees are consumers under the law, and a leased vehicle's lease is ended without penalty when it is replaced or refunded.
“"Consumer" means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle used in substantial part for personal, family, or household purposes”
law.lis.virginia.gov
Deadlines
Protection period
18 months after the vehicle's original delivery to the consumer. The period is extended if the manufacturer was notified but the defect was not fixed by the end of it.
“"Lemon law rights period" means the period ending 18 months after the date of the original delivery to the consumer of a new motor vehicle.”
law.lis.virginia.gov
Time limit to file
A lawsuit must be filed within the 18-month lemon law rights period. If the owner used the manufacturer's dispute program within that period, they have 12 months from its final action or the original period, whichever is longer.
“Any action brought under this chapter shall be commenced within the lemon law rights period.”
law.lis.virginia.gov
Steps
- Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
- Check the dates. 18 months after the vehicle's original delivery to the consumer. The period is extended if the manufacturer was notified but the defect was not fixed by the end of it. A lawsuit must be filed within the 18-month lemon law rights period. If the owner used the manufacturer's dispute program within that period, they have 12 months from its final action or the original period, whichever is longer.
- Tell the manufacturer in writing. The law asks for written notice. See written notice below.
- Use the dispute program if one is required. See arbitration below for whether you must go there before court.
- Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.
Written notice
The owner must notify the manufacturer of the defect. If the manufacturer had not been notified before, it gets one more chance, of up to 15 days, to fix it.
“the manufacturer shall be given an additional opportunity, not to exceed 15 days, to correct or repair the nonconformity.”
law.lis.virginia.gov
Arbitration
Using the manufacturer's dispute program is optional. Virginia has no state arbitration program. The Attorney General's office takes lemon law complaints against some manufacturers that are not in BBB Auto Line.
“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.”
law.lis.virginia.gov
What you get
The owner chooses a comparable replacement or a refund of the full contract price, including collateral charges and incidental damages, minus a reasonable allowance for use up to the first notice of the defect.
“refund to the consumer, lessor, and any lienholder as their interest may appear the full contract 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”
law.lis.virginia.gov
Do it yourself
You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:
- Put your repair orders in date order and count the attempts and the days out of service.
- Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
- If it offers a final repair, let it try within the time the law gives it.
- If it refuses or does not answer, file with the manufacturer's dispute program or the state program (Office of the Attorney General of Virginia, Consumer Protection Section), then court if you need to.
- Do not sell or trade in the vehicle while the claim is open.
Letter template for Virginia
[Your name] [Your address] [Date] [Manufacturer name] [Address from your owner's manual or warranty booklet] Re: Lemon law claim, [year make model], VIN [VIN] I bought (or leased) this vehicle on [date] from [dealer], in Virginia. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences]. It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed. Under Virginia Motor Vehicle Warranty Enforcement Act (Va. Code §§ 59.1-207.9 to 59.1-207.16:1), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one. [Your name] [Phone and email]
What a buyback pays in Virginia
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Questions people ask about Virginia's lemon law
How many repair attempts make a car a lemon in Virginia?
The car is presumed a lemon if the same defect has been repaired three or more times within 18 months and still exists.
What if the defect could cause a crash or an injury?
For a serious safety defect, one failed repair attempt is enough for the presumption if the defect still exists.
How many days in the shop make a car a lemon in Virginia?
The car is presumed a lemon if it is out of service for repairs a total of 30 calendar days within 18 months.
How long does Virginia's lemon law cover a car?
18 months after the vehicle's original delivery to the consumer. The period is extended if the manufacturer was notified but the defect was not fixed by the end of it.
Which vehicles does Virginia's lemon law cover?
Passenger cars, pickup and panel trucks, motorcycles, autocycles, mopeds, and the self-propelled chassis of motor homes, used in substantial part for personal, family, or household purposes.
Does Virginia's lemon law cover used cars?
Under certain conditions this law can apply to used vehicles, for example when a vehicle is transferred to a new owner during the warranty.
Does Virginia's lemon law cover leased cars?
Yes. Lessees are consumers under the law, and a leased vehicle's lease is ended without penalty when it is replaced or refunded.
Do I have to tell the manufacturer in writing?
The owner must notify the manufacturer of the defect. If the manufacturer had not been notified before, it gets one more chance, of up to 15 days, to fix it.
Do I have to go to arbitration before court?
Using the manufacturer's dispute program is optional. Virginia has no state arbitration program. The Attorney General's office takes lemon law complaints against some manufacturers that are not in BBB Auto Line.
How long do I have to file a lemon law claim in Virginia?
A lawsuit must be filed within the 18-month lemon law rights period. If the owner used the manufacturer's dispute program within that period, they have 12 months from its final action or the original period, whichever is longer.
What do I get if my car is a lemon in Virginia?
The owner chooses a comparable replacement or a refund of the full contract price, including collateral charges and incidental damages, minus a reasonable allowance for use up to the first notice of the defect.
How much is taken off a buyback for the miles I drove?
The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Who pays the lawyer in a Virginia lemon law case?
Yes. An owner who wins recovers reasonable attorney fees, expert witness fees, and court costs. In Virginia, an owner who wins can make the maker pay the lawyer.
Can I keep driving my car during a lemon law claim?
Usually, yes. Keep it maintained and insured, and do not sell or trade it in while the claim is open: a buyback needs the car. If the defect makes it unsafe, stop driving it and tell the dealer and the maker in writing.
Do I need a lawyer for a lemon law claim?
No. You can bring a claim yourself. The steps and a letter template are on this page. A lawyer knows what makers offer in cases like yours and what the use deduction should be. In Virginia, an owner who wins can make the maker pay the lawyer.
Find a Virginia lemon law lawyer
Yes. An owner who wins recovers reasonable attorney fees, expert witness fees, and court costs.
“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.”
law.lis.virginia.gov
Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.
Send the free case check below and we find a lemon law firm that takes Virginia cases like yours. The firm contacts you, and you decide whether to hire them.
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Who pays the lawyer? In Virginia, an owner who wins can make the maker pay the lawyer.* * So most lemon law lawyers ask nothing up front. Some charge costs, or a share of a settlement: ask before you sign. You never pay us. More
Sources
- Va. Code §§ 59.1-207.9 to 59.1-207.16:1, Virginia Motor Vehicle Warranty Enforcement Act
- Office of the Attorney General of Virginia, Consumer Protection Section
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.
Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.