Virginia Lemon Law (VA)

Qualifying Criteria in Virginia

Under Virginia's lemon law, your vehicle may qualify as a lemon if it meets the following criteria:

• Vehicle type: New motor vehicles purchased or leased in Virginia
• Defect type: A nonconformity that substantially impairs the use, market value, or safety of the vehicle and is covered under the manufacturer's warranty
• Coverage period: The defect must occur within 18 months of delivery or 18,000 miles, whichever comes first
• Repair attempts: The manufacturer or authorized dealer must have attempted to repair the same defect at least 3 times, or the vehicle must have been out of service for a cumulative total of 30 or more days

Manufacturer Obligations

Must repair the nonconformity. If unable, must replace or refund. Virginia's Motor Vehicle Transaction Recovery Fund may cover losses if manufacturer fails to comply.

Available Remedies

If your vehicle qualifies as a lemon under Virginia law, you are entitled to:

• Replacement vehicle
• Full refund minus reasonable use allowance

The "reasonable use allowance" deduction is typically calculated based on the mileage you accumulated before the first repair attempt, proportional to the vehicle's expected lifetime mileage. This ensures the manufacturer is not paying for use you already received from the vehicle.

Step-by-Step Filing Process in Virginia

Follow these steps if you believe your vehicle qualifies as a lemon under Virginia law:

1. 1 Report the defect to the manufacturer or authorized dealer
2. 2 Allow at least 3 repair attempts for the same defect, or 1 attempt for a condition likely to cause death or serious injury, or 30+ calendar days out of service
3. 3 Send written notice to the manufacturer by certified mail
4. 4 Use the manufacturer's arbitration program or the state program
5. 5 File a civil action if unresolved

Arbitration in Virginia

Consumer must use the manufacturer's state-certified informal dispute resolution procedure or the state's arbitration program run by the Department of Agriculture and Consumer Services.

Important: In Virginia, arbitration is a required step before you can file a lawsuit. This means you must exhaust the arbitration process first. The arbitration decision may or may not be binding depending on the specific program. If you are not satisfied with the outcome, you typically have the right to appeal or file a civil action in court.

Filing Deadline

Within 18 months from delivery.

Missing the filing deadline can forfeit your rights under the lemon law. Keep detailed records of every repair visit, including dates, mileage, descriptions of the problem, and copies of all repair orders and receipts. This documentation will be critical for your claim.

Additional Notes

Virginia requires only 1 repair attempt for defects that could cause death or serious injury. Coverage is 18 months from delivery. Covers new motor vehicles sold in Virginia.