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The lemon laws in the state of Virginia are contained in the "Virginia Motor Vehicle Warranty Enforcement Act". The general assembly of the state has recognized the right of the consumers to peacefully enjoy the ownership of their vehicles.

Manufacturer's obligations and duties

It is the duty of the manufacturer to make repairs to a new vehicle that does not confer to the warranty issued by him. However the consumer has to notify the defect to the manufacturer in order for the manufacturer to be liable.

If even after sincere efforts the defect is not rectified, then the manufacturer will have to either replace the vehicle or refund the amount to the consumer, at the desire of the consumer.

In case the consumer desires refund, then the manufacturer has to along with the contract amount, refund to the consumer all incidental charges that the consumer has incurred as a result of the defect.

The manufacturer is however permitted to deduct from the above amount a reasonable sum owing to the regular ware and tear of the vehicle.

The manufacturer is said to have made a reasonable attempt at repairing the defect if he has attempted it at least three times, or the vehicle has been out of use as a result of repairs for at least thirty days.

The manufacturer has to notify to the consumer the need of a notification about the defect to the manufacturer to make the consumer eligible to refund or replacement.

Defenses available to the manufacturer

The manufacturer can escape liability if he can successfully prove that the defect in the vehicle is not a manufacturing effect, but has resulted due to any abuse, neglect or unauthorized use by the consumer.

He may even take the defense that the defect is not of such a nature that it will hamper the use or safety of the vehicle.

Consumers' rights and informal dispute settlement

If the manufacturer has the facility of an informal dispute settlement mechanism, then it is up to the consumer whether to use the facility or not.

If the facility is used, and the consumer is successful, then the manufacturer will have forty days to fulfill the conditions of the award.

If the manufacturer fails to comply with the provisions of the award, then the court can impose an exemplary fine by tripling the award and also adding the costs of the proceedings.

Disclosures in case of resale

In case the manufacturer decides to resale the vehicle, then he has to disclose to the new buyer the reasons for the resale of the vehicle.

He has to further list out the details of the defects in the vehicle prior to the new sale and make the buyer aware of them.

The US federal law governing lemons is officially called The Magnuson-Moss Warranty Act, however, most American states each have their own lemon law.


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