What is the Virginia Lemon Law for New Cars?

Virginia Lemon Law is also called the Virginia Motor Vehicle Warranty Enforcement Act. This law establishes the rule of 18 months after the vehicle's original delivery date to the buyer. The provisions of VA Lemon Law are enforceable by private action brought by the buyer. Under certain conditions, Lemon Law may apply to pre-owned vehicles. Let's throw more light.

1 – The problems covered

Under VA lemon law, any nonconformity is one that fails to conform to a warranty and impairs the vehicle's use, market value, or safety. Impairment means the vehicle being rendered unsuitable, unreliable, or unsafe for general use.

Lemon provides positive protection to carmakers if they have to prove that the alleged nonconformity does not significantly affect the use, market value, or vehicle safety; or if the non-conformance results from unauthorized modification or alteration by the owner.

2 - Critical defects

A critical defect or non-conformance is a problem covered by the warranty that impairs the car's use, value, or safety, such as faulty brakes or steering. Loose radio knobs, door handles, paint, dents, etc., do not meet the legal definition of a substantial defect. Sometimes a minor defect, a faulty paint job, or an unpleasant odor can be major defects. Major faults must occur within a certain period or a certain number of miles and be unintentional.

3 - Repair efforts

The dealer or manufacturer is allowed a fair number of attempts to fix a major problem before your car is considered a lemon. The defect is a serious security flaw and must not be corrected after several repairs attempts to get relief under a state lemon law. If the fault is not a serious safety defect, it need not be fixed after three or four repair attempts. If the vehicle is stationary for 30 days in a year to fix warranty defects, it may qualify as a lemon. 

4 - A refund or replacement

You have the right to get a refund or replacement car from the manufacturer if your car meets the requirements of your state's lemon law. It would help if you first informed the manufacturer about the fault. If you do not get a good settlement, you can act within 18 months from the original delivery date. Most states ask you to go to arbitration before going to court. If settlement does not result in a satisfactory solution, you can initiate court proceedings through an experienced lemon law attorney. 

Wrapping it up 

Vehicle manufacturers employ various gimmicks to trick the consumers by offering an unreliable replacement or meager compensation. Fix an appointment with Allen Stewart PC to know your rights under Lemon Law, Virginia.

Andrew Richardson is the author of this Article. To know more about Odometer reading is not the actual mileage please visit our website: allenstewart.com