Last verified: February 2026
Key Points
- Primary Law: Virginia Motor Vehicle Warranty Enforcement Act (VA Code § 59.1-207.9 to 59.1-207.16:1)
- Coverage: New passenger cars, pickup/panel trucks, motorcycles, motor home chassis, mopeds, and demonstrators
- Presumption: 3+ repair attempts OR 1 attempt for serious safety defect OR 30+ days out of service within 18 months
- Remedies: Replacement or full refund at consumer’s unconditional choice
- Lemon Law Rights Period: 18 months from original delivery date
- Attorney Fees: Prevailing party may recover reasonable attorney fees, expert witness fees, and court costs
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair significant defect | Replacement or refund | Incidental damages, attorney fees |
| Serious safety defect unrepaired | Expedited relief (1 repair attempt threshold) | Mileage expenses and loss of use |
| Failure to comply with dispute resolution decision | Court may triple the award value | Attorney fees and costs |
Table of Contents
📑 Table of Contents (click to expand)
- The Virginia Motor Vehicle Warranty Enforcement Act
- What Vehicles Are Covered
- Virginia’s Lemon Law Presumption
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Manufacturer Defenses
- Used Vehicle Protections
- Leased Vehicle Coverage
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
The Virginia Motor Vehicle Warranty Enforcement Act
Virginia’s lemon law, officially the Motor Vehicle Warranty Enforcement Act (VA Code § 59.1-207.9 to 59.1-207.16:1), recognizes that a motor vehicle is a major consumer purchase and that defective vehicles create hardship. The law provides procedures for consumers to receive a replacement or full refund when manufacturers cannot repair substantial defects.
A key feature of Virginia’s lemon law is that it gives consumers the unconditional right to choose a refund rather than a replacement vehicle. The consumer may also continue driving the vehicle until receiving either the replacement or refund, providing practical protection during the claim process.
Virginia’s law includes a notable penalty provision: if a manufacturer fails to comply with a dispute resolution decision, the court may triple the value of the award. This creates a strong incentive for manufacturers to honor arbitration decisions.
What Vehicles Are Covered
Virginia’s lemon law covers specific categories of motor vehicles used primarily for personal purposes.
Covered Vehicle Types
- Passenger cars: Sedans, coupes, hatchbacks, and similar vehicles
- Pickup or panel trucks: Personal use trucks
- Motorcycles: As defined in VA Code § 46.2-100
- Motor home chassis: Self-propelled motorized chassis of motor homes
- Mopeds: As defined in VA Code § 46.2-100
- Demonstrators: Dealer demo vehicles with remaining warranty
- Leased vehicles: With which a warranty was issued
Vehicles Not Covered
- Living portions of motor homes (only chassis covered)
- Commercial vehicles used primarily for business
- Vehicles purchased for resale
- Vehicles without manufacturer warranties
Who Qualifies as a Consumer
A “consumer” under Virginia law includes:
- The purchaser (not for resale) of a motor vehicle used in substantial part for personal, family, or household purposes
- The lessee of such a vehicle
- Any person to whom the vehicle is transferred during the warranty period for the same purposes
- Any other person entitled by warranty terms to enforce warranty obligations
Virginia’s Lemon Law Presumption
Under VA Code § 59.1-207.13, Virginia law creates a presumption that a reasonable number of repair attempts have been made if certain conditions occur within 18 months of original delivery.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 3 or more attempts | Same nonconformity continues to exist after repairs |
| Serious Safety Defect | 1 or more attempts | Life-threatening malfunction that impedes control or creates fire/explosion risk |
| Days Out of Service | 30 or more calendar days | Cumulative total, unless repairs could not be performed due to conditions beyond manufacturer control |
| Lemon Law Rights Period | 18 months | From date of original delivery to consumer |
Serious Safety Defect Defined
A “serious safety defect” under Virginia law means a life-threatening malfunction or nonconformity that:
- Impedes the consumer’s ability to control or operate the vehicle for ordinary use or reasonable intended purposes, OR
- Creates a risk of fire or explosion
What Qualifies as “Significant Impairment”?
“Significant impairment” means rendering the new motor vehicle:
- Unfit for ordinary use or reasonable intended purposes
- Unreliable for ordinary use or reasonable intended purposes
- Unsafe for ordinary use or reasonable intended purposes
Extension of Lemon Law Rights Period
The 18-month period is extended if the manufacturer has been notified but the nonconformity has not been effectively repaired by the expiration date.
Consumer Remedies: Refund vs. Replacement
When a vehicle qualifies as a lemon under Virginia law, the consumer has the unconditional right to choose between two remedies.
Option 1: Replacement Vehicle
The manufacturer must replace the defective vehicle with a comparable motor vehicle that is:
- Identical or reasonably equivalent to the original
- Acceptable to the consumer
- As the original existed at time of purchase or lease
- With offset for reasonable allowance for use
Option 2: Full Refund (Buyback)
The manufacturer must accept return of the vehicle and refund:
- Full contract price: Including all collateral charges
- Incidental damages: As defined in VA Code § 8.2-715
- Collateral charges include: Sales tax, license fees, registration fees, title fees, finance charges and interest, transportation charges, dealer preparation, service contracts, undercoating, rustproofing, and installed options
Consumer’s Right to Choose
Virginia provides consumers with the unconditional right to choose a refund rather than a replacement vehicle. This is stronger than many state laws that allow manufacturers to make the choice.
Right to Continue Driving
The consumer may continue to drive the motor vehicle until receiving either the replacement vehicle or the refund. This prevents hardship during the claims process.
Reasonable Allowance for Use
The manufacturer may deduct a reasonable allowance for use. Virginia law specifies:
- The deduction cannot exceed one-half of the IRS standard mileage rate for business use
- Plus an amount for damage beyond normal wear and tear (unless caused by the nonconformity)
- Calculated up to the date of the first notice of nonconformity given to the manufacturer
Additional Recoverable Damages
Consumers may also recover:
- Mileage expenses necessitated by repair attempts
- Reasonable loss of use
How to File a Lemon Law Claim in Virginia
Filing a successful Virginia lemon law claim requires proper documentation and following specific procedures.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record dates vehicle was in the shop
- Note symptoms and problems experienced
- Save all correspondence with dealer and manufacturer
- Document mileage at each repair attempt
- Take photos or videos of defects
Step 2: Report Nonconformity During Warranty Period
Report the nonconformity to the manufacturer, its agents, or authorized dealer during the manufacturer’s warranty period. Repairs may be made after warranty expiration if reported during the warranty.
Step 3: Notify the Manufacturer in Writing
Before seeking a refund or replacement, notify the manufacturer of the nonconformity. The manufacturer must disclose in the warranty or owner’s manual:
- That written notification is required
- The name and address for sending notification
Step 4: Allow Additional Repair Opportunity
If the presumption conditions already exist when you notify the manufacturer, they get an additional 15 days to correct or repair the nonconformity.
Step 5: Consider Informal Dispute Settlement
Under VA Code § 59.1-207.15, if a manufacturer provides an informal dispute settlement procedure, it is the consumer’s choice whether to use it. Unlike some states, Virginia does not require using the manufacturer’s program.
Step 6: File a Civil Lawsuit (If Necessary)
If the matter is not resolved, you may file a civil action to enforce your rights. Prevailing consumers may recover reasonable attorney fees, expert witness fees, and court costs.
Manufacturer Defenses
Manufacturers may raise affirmative defenses to avoid lemon law liability.
Common Manufacturer Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| No significant impairment | Defect does not significantly impair use, market value, or safety | Document how defect makes vehicle unfit, unreliable, or unsafe |
| Consumer abuse or neglect | Nonconformity resulted from consumer misuse | Provide maintenance records and evidence of proper use |
| Unauthorized modifications | Consumer modified or altered the vehicle | Show defect existed before modification or is unrelated |
| Conditions beyond control | Repairs could not be performed due to war, invasion, strike, fire, flood, or natural disaster | Document that such conditions did not actually prevent repairs |
Penalty for Non-Compliance
If a manufacturer fails to comply with a dispute settlement decision within 40 days, the court may triple the value of the award in any subsequent action. This provides a strong incentive for manufacturer compliance.
Used Vehicle Protections
Virginia’s lemon law primarily covers new motor vehicles. However, there are some protections for used vehicle situations.
Transferred Vehicles
- If a vehicle is transferred during the warranty period, the new owner may enforce warranty obligations
- The transferee must use the vehicle for personal, family, or household purposes
Disclosure Requirements
Under VA Code § 59.1-207.16:1, vehicles returned under the lemon law must be disclosed when resold. Any manufacturer, its agent, or dealer who sells a returned vehicle must disclose:
- The vehicle was returned under the lemon law
- The nature of the nonconformity
Alternative Protections for Used Vehicle Buyers
- Federal Magnuson-Moss Warranty Act: Covers vehicles with unexpired warranties
- Virginia Consumer Protection Act: Prohibits fraudulent practices
- Common law claims: Breach of warranty, fraud, or misrepresentation
Leased Vehicle Coverage
Virginia’s lemon law provides specific protections for lessees under VA Code § 59.1-207.13(A1).
Lease-Specific Provisions
- The lessee’s written lease is terminated without penalty to the consumer
- The vehicle is returned to the manufacturer
- The lessor transfers title to the manufacturer as needed
Collateral Charges for Leases
For leases, collateral charges include, in addition to standard charges:
- Capitalized cost reductions
- Credits and allowances for trade-in vehicles
- Fees to another to obtain the lease
- Insurance or other costs expended by lessor for lessee’s benefit
Statute of Limitations
Under VA Code § 59.1-207.16, strict time limits apply to Virginia lemon law claims.
| Situation | Deadline |
|---|---|
| Lemon law rights period for reporting defects | 18 months from original delivery |
| After using informal dispute resolution | 12 months from final action taken by manufacturer |
| General statute of limitations | 18 months from expiration of lemon law rights period |
Frequently Asked Questions
How many repair attempts does Virginia require before a vehicle is considered a lemon?
Virginia’s lemon law presumption requires three or more repair attempts for the same nonconformity, or just one attempt for a serious safety defect (life-threatening malfunction), or 30 or more cumulative days out of service. These conditions must occur within the 18-month lemon law rights period.
What is a “serious safety defect” under Virginia law?
A serious safety defect is a life-threatening malfunction or nonconformity that impedes the consumer’s ability to control or operate the vehicle for ordinary use, or creates a risk of fire or explosion. Only one repair attempt is required for a serious safety defect to trigger the presumption.
Can I choose between a refund and replacement in Virginia?
Yes, Virginia gives consumers the unconditional right to choose a refund rather than a replacement vehicle. This is one of the stronger consumer protections in Virginia’s lemon law.
Do I have to use the manufacturer’s arbitration program?
No. Under Virginia law, if a manufacturer provides an informal dispute settlement procedure, it is the consumer’s choice whether to use it before pursuing other remedies. This is different from many states that require arbitration first.
Can I continue driving my vehicle while pursuing a lemon law claim?
Yes, Virginia law specifically allows consumers to drive the motor vehicle until receiving either the replacement vehicle or the refund.
What happens if the manufacturer does not comply with an arbitration decision?
If a manufacturer fails to comply with a dispute settlement decision within 40 days, the court may triple the value of the award in any subsequent action. This creates strong incentive for manufacturer compliance.
Does Virginia’s lemon law cover motorcycles?
Yes, motorcycles as defined in VA Code § 46.2-100 are covered under Virginia’s Motor Vehicle Warranty Enforcement Act.
Resources and Legal Help
Official Resources
- Virginia Motor Vehicle Warranty Enforcement Act (Full Text)
- Virginia Attorney General: Consumer Protection
- Virginia Department of Motor Vehicles
- Federal Magnuson-Moss Warranty Act