Virginia's Lemon Law Rights
- The vehicle may qualify as a lemon if the purchaser has tried to have the same problem fixed at least three times in the year following taking delivery of the vehicle. A vehicle that has been out of use for a minimum of 30 days during this year would also qualify. The purchaser must notify the dealer of the problem and give them an opportunity to fix it. The law does not apply to vehicles purchased from a private party.
- If the dealer cannot repair the defect satisfactorily, the consumer is entitled to have the dealer replace the dud with a comparable vehicle or have his money refunded. The dealer is entitled to deduct reasonable user fees from the date of delivery to receipt of the first notification of the defect from the amount to be refunded.
- If the dealer does not make good on the car, the consumer has the option of pursuing his claim with the commonwealth's Consumer Affairs Office or filing suite in court. A complaint form can be found online at the Virginia Department of Agriculture and Consumer Affairs website. Copies of supporting documentation should be filed with the claim. The agency suggests calling before filing the complaint. The consumer can also choose to hire an attorney and sue the dealer in court. If the consumer wins in court, she is entitled to attorney's fees and related costs.
- If whatever forum the consumer uses to resolve the issue finds in favor of the consumer, the dealer must comply with the decision within 40 days or face misdemeanor charges. All claims must be filed within 18 months of the date the consumer took possession of the new vehicle.
- Once they have the car back, the dealer has the option of reselling it. However, they must post a conspicuous notice on the car that it has been returned under the lemon law. This is to protect potential buyers who might not otherwise buy the car if they knew its history.
