Kim Gale  |  August 1, 2022

Category: Auto News

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Young businessman on cell phone with hood open on broken down car

Car problems are never fun for anybody — especially when they seem to keep happening. When nothing seems to be able to fix the issue, including repeatedly bringing it in to the dealership, you may have what is known as a “lemon” on your hands.

Fortunately, there is something called a “lemon law” in place that can help you out in this situation. Under Virginia Lemon Law, you may be able to seek compensation — either through payment for the vehicle or by getting a replacement car.

What is lemon law?

At their most basic, state lemon laws are meant to protect consumers from being hit with the cost of repeated, compounding, seemingly endless repairs for a vehicle that just doesn’t seem to be getting fixed.

There’s a certain point — determined, for the most part, by individual state regulations — when lemon law comes into play to offer compensation, after your vehicle has repeatedly failed to meet the performance and quality standards expected of it.

Not all states have a lemon law, but those that do vary their exact rules from state to state. For example, New Jersey lemon law does not cover cars under a certain dollar amount.

While the criteria for state lemon laws vary, the general idea is the same: auto manufacturers are required to repurchase a new vehicle if it has a serious defect and the manufacturer can’t repair it within a given period of time.

State lemon laws are first and foremost meant to protect consumers by encouraging their cars’ manufacturers to actually fix vehicle defects. When a manufacturer is unable to successfully repair a defective vehicle after a number of attempts determined in state law, the vehicle is then considered to be a “lemon,” or dud, and the manufacturer is then required by law to replace or repurchase the vehicle.

The secondary purpose of lemon law is that it is a helpful way of alerting vehicle manufacturers to what might be potential defects or quality issues in their vehicles on a larger scale.

What are the specifics of Virginia lemon law?

Virginia Lemon Law is more officially known as the Virginia Motor Vehicle Warranty Enforcement Act. The law was created with the intention of protecting consumers from making a major purchase that turns out to be defective.

In Virginia, the lemon law rights period ends 18 months after the date on which the vehicle was originally delivered to the consumer.

There are a few simple guidelines to check if you and your vehicle qualify for Virginia Lemon Law. One of the following must be true:

  • You must have had the vehicle in the shop to be repaired for a cumulative total of at least 30 days, OR
  • The vehicle’s manufacturer must have attempted to make these repairs at least three times, to no avail, OR
  • The issue at hand is a “security safety defect” and the manufacturer or dealer has attempted to make repairs at least once, but the defect persists.

If at least one of the above guidelines is true for you and your defective vehicle, and it is within the 18-month lemon law rights period, you may qualify for compensation from the vehicle’s manufacturer.

This compensation can come in two forms:

  • The manufacturer replaces the vehicle with a comparable motor vehicle agreed upon by the consumer, OR
  • The manufacturer accepts the return of the vehicle and offers the consumer a refund.

Used vehicles can be included under Virginia Lemon Law under certain circumstances — namely, that the used vehicle is still covered under the original 18-month lemon law statute of limitations. Some states may not include used vehicles in their lemon laws.

What vehicles are covered by Virginia’s lemon law?

Passenger cars, pickup trucks, panel trucks, motorcycles, and mopeds and self-propelled motorized chassis of motor homes are covered by the Virginia Lemon Law.

Can a vehicle returned to the manufacturer due to the lemon law be resold?

Young businessman checks under the hood of broken down carAccording to Virginia’s laws, yes, but only if the manufacturer discloses in writing prior to the lemon’s sale or lease that the vehicle was returned and the type of the defect that resulted in the return. The notification must be made on a separate piece of paper in ten-point all-caps type, and must also note the condition of the vehicle at the time it is transferred to a Virginia dealership.

At that point, the Virginia dealership is responsible for disclosing the details of the manufacturer’s notice and providing a copy of it to the potential purchaser or lessee before the new owner or lessee agrees to the terms of buying or leasing the vehicle.

Some states require even more certainty that a lemon is branded a lemon. In California, the certificate of title and registration must contain labeling that says Lemon Law Buyback. In addition, the lemon vehicle must sport a decal that also says Lemon Law Buyback.

Very few vehicles qualify for the lemon designation. In fact, just about 1% of all new cars bought or leased by consumers end up having an issue that is not fixable. That amounts to about 150,000 vehicles per year in the U.S. Still, many of us have had — or know someone who has had — a vehicle that they really feel is a bona fide lemon.

Do I need an attorney?

When trying to qualify for a refund or a replacement under your state lemon law, it is essential to have good records that help support your claim. These records can include everything from service records to communications with your dealer/manufacturer to phone records, or anything else that might show your vehicle is a qualifying lemon.

If you live in Virginia and believe your vehicle (still under the 18-month warranty) may qualify as a lemon, after several attempts to fix a defect, you may have legal recourse under Virginia Lemon Law.

Navigating lemon laws can be complicated, and dealing with an auto manufacturer or dealership can be stressful, but consulting an attorney can help. Top Class Actions can connect you with an experienced attorney who can help you determine if you have a claim and navigate the complexities of your state’s lemon law.

Join a free lemon law defective vehicle investigation

You may qualify for this Lemon Law investigation under the following circumstances:

  • You purchased your vehicle new;
  • Your purchased your vehicle in 2018-2020;
  • Your vehicle is still under warranty;
  • You have taken your vehicle in for repair several times; and
  • It is still having the same problem.

(Note: Residents of North Carolina do not qualify for this investigation.)

See if you qualify by filling out the form on this page for a case evaluation by experienced Lemon Law lawyers or call (877) 289-0615.

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Join a free lemon law defective vehicle investigation

If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.

PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.

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