Virginia lemon laws are dealt with in Virginia Code, Title 59.1, Chapter 17.3, Section 59.1-207.9 et seq. This Chapter can also be cited as the Virginia Motor Vehicle Warranty Enforcement Act. According to Section 59.1-207.11, a motor vehicle is defective if it does not conform to a warranty, a defect or a condition which significantly affects the use, safety, or market value of vehicle. The time limit prescribed for manufacturer repair is within eighteen months after the date of the original delivery to the consumer of a new motor vehicle. This time limit is prescribed in Section 59.1-207.11.
Certain remedies are available to a consumer if the manufacturer fails to conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition which significantly impairs the use, market value, or safety of the motor vehicle to the consumer. According to Section 59.1-207.13, the manufacturer should replace the motor vehicle with a comparable motor vehicle acceptable to the consumer or accept return of the motor vehicle and refund to the consumer full purchase price including all collateral charges, incidental damages, less a reasonable allowance for the consumer’s use of the vehicle.
Va. Code Ann. § 59.1-207.11
Nonconformity” means a failure to conform with a warranty, a defect or a condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of a motor vehicle.
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Va. Code Ann. § 59.1-207.11
“Lemon law rights period” means the period ending eighteen months after the date of the original delivery to the consumer of a new motor vehicle. This shall be the period during which the consumer can report any nonconformity to the manufacturer and pursue any rights provided for under this chapter.
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Va. Code Ann. § 59.1-207.13
A. If the manufacturer, its agents or authorized dealers do not conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts during the lemon law rights period, the manufacturer shall:
1. Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer, or
2. Accept return of the motor vehicle and refund to the consumer, lessor, and any lienholder as their interest may appear the full contract price, including all collateral charges, incidental damages, less a reasonable allowance for the consumer’s use of the vehicle up to the date of the first notice of nonconformity that is given to the manufacturer, its agents or authorized dealer. Refunds or replacements shall be made to the consumer, lessor or lienholder, if any, as their interests may appear. The consumer shall have the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until he receives either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express warranty may be recovered by the consumer.
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