Vehicle and Owner Eligibility

• Virginia's automobile lemon law applies not only to all new passenger cars, but also to pickups, motorcycles, panel trucks, the motor home chassis, and mopeds. The law covers any problems that affect the drivers' ability to control or operate the vehicle, create a risk of fire or explosion, that make the vehicle unsafe, unfit or unreliable for ordinary use, or that affect the use or market value of the vehicle. In order to take advantage of the lemon law, buyers must report any of these problems to the manufacturer within 18 months of the original delivery date.
  
  

Manufacturer's Duties

• Once a buyer has reported a problem to the manufacturer or dealer, the Virginia automobile lemon law requires the manufacturer or dealer to preform any repairs that are necessary to make the vehicle conform to the warranty. The manufacturer or dealer must make these repairs even if the manufacturer's warranty that came with the vehicle has expired.
  
  

Repair Attempts

• Before a buyer can request a refund or a replacement, he has to give the manufacturer or dealer a reasonable number of attempts to fix the problem. The Virginia automobile lemon law defines reasonable as three repair attempts for the same problem; or one repair attempt if the problem makes the car unsafe to drive; or if the vehicle is out of service for repairs for a total of 30 days.
  
  

Remedies

• If the manufacturer or dealer does not repair the vehicle after three attempts, the buyer can require the manufacturer to either replace the vehicle with a comparable one or refund the purchase price. If the buyer chooses a refund, the manufacturer is allowed to deduct an allowance for the time the buyer used the vehicle before the first report of a problem.
  
  

Disputes and Dispute Resolution

• If the manufacturer does not agree that a refund or replacement is required, the buyer has several choices. If the manufacturer has an informal dispute resolution procedure, the buyer can choose to participate in it. If the dispute is resolved in favor of the buyer, the manufacturer has 40 days in comply. If the manufacturer does not comply within 40 days, and the case goes to court, the court can triple the amount of the award and may also award the buyer attorney's fees. Buyers can also choose to bring a court action instead of dispute resolution. Buyers who are successful in court may be awarded attorney's fees, expert witness fees and court costs, as well as a refund.