Dealing With a Lemon Vehicle in Virginia
My new car keeps breaking down — here's what Virginia law says and what to do next.
Statute: Va. Code § 59.1-207.9 et seq. (Virginia Motor Vehicle Warranty Enforcement Act)
Deadline: 30 days
Penalty: Under Virginia's Lemon Law, consumers may recover a refund or replacement, plus reasonable attorney fees and costs
What is dealing with a lemon vehicle?
Lemon laws exist because, before the late 1970s, buying a new car with a defect that nobody could fix meant you were just stuck with it. California passed the first modern lemon law — the Song-Beverly Consumer Warranty Act — in 1970 and tightened it with the Tanner Consumer Protection Act in 1982. Every other state followed by the early 1990s. The basic deal: if a new vehicle has a substantial defect that the manufacturer can't fix after a reasonable number of attempts, they have to replace it or refund you.
Every state has its own version, with different cutoffs for what qualifies, how many repair attempts you need, and which vehicles are covered. The federal Magnuson-Moss Warranty Act (1975) sits behind all of them as a backup — if a manufacturer doesn't honor a written warranty, you can sue under federal law and recover attorney's fees if you win, which is why most lemon-law lawyers will take your case on contingency.
What to Do If You Bought a Lemon
Step 1: Document every visit. Repair orders, receipts, written complaints, and email threads. Date, mileage, what you reported, what they did, what they didn't. The case turns on the paper trail.
Step 2: Send written notice. A formal demand letter to the manufacturer (not just the dealer) by certified mail, return receipt. Most states require this before you can file. The letter triggers a final repair opportunity, usually 10–30 days.
Step 3: Check whether arbitration is required. Many manufacturers — and some state laws — make you go through a manufacturer-sponsored arbitration program (BBB Auto Line is the biggest) before suing. It's usually free and resolves in 40–60 days.
Step 4: Sue if arbitration fails. Under both state lemon laws and the federal Magnuson-Moss Act, the manufacturer pays your attorney's fees if you win — which is why most lemon lawyers work on contingency. You bring zero money to the table.
Step 5: Pick your remedy. Replacement vehicle of comparable value, or a full refund minus a reasonable usage allowance (typically calculated as miles driven before the first defect, divided by 120,000, times the purchase price).
How Virginia differs from federal law
Virginia has the Motor Vehicle Warranty Enforcement Act (Va. Code § 59.1-207.9 et seq.) for new vehicle purchases:
- Covers new motor vehicles that develop defects within the first 18 months of purchase
- The manufacturer must be given a reasonable number of repair attempts — the law presumes unreasonable after 3 repair attempts for the same defect or 30 cumulative days out of service
- The consumer must provide written notice to the manufacturer before pursuing a lemon law claim
- Remedies include replacement of the vehicle or a full refund (minus a reasonable use allowance)
- Virginia does not have a used car lemon law — used vehicles are not covered
- The Virginia Attorney General's Office handles consumer complaints related to lemon law claims
Additional steps in Virginia
Send written notice to the manufacturer by certified mail describing the defect and repair history. File a complaint with the Virginia Attorney General's Consumer Protection Section at (800) 552-9963 or online at oag.state.va.us. You may also pursue arbitration or file a civil lawsuit in circuit court.
What you should NOT do
Don't stop taking it in. You need a documented pattern. Skipping appointments out of frustration kills the case.
Don't get warranty repairs done at an independent mechanic. Only authorized dealer or manufacturer service counts toward your lemon-law clock.
Don't sign a quick settlement without checking the math. Manufacturers regularly offer 50–60% of what a court or arbitrator would award. Get the figure pressure-tested by a lemon-law attorney before you sign anything that includes a release.
Don't trade in or sell the car before filing. Once you no longer own it, your lemon-law rights generally die with the title transfer. File first, then dispose.
You shouldn't have to hire a lawyer to assert your rights.
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Generate your lemon law →This page is general legal information for Virginia, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Virginia.