Lemon Law in Virginia
As of May 2025, the average price for a new car in the United States is approximately $48,699. In Virginia, even used car prices have reached an average cost of $27,043.
When you invest a large portion of your income into a vehicle, you expect reliability—not constant trips to the repair shop. That’s why it’s so frustrating when a recent purchase turns out to be defective.
By understanding how Virginia’s lemon law works, you can take practical actions to push back and protect your finances. Let us help you take the first step toward a fair resolution today.
What Is a Lemon Law?
Virginia’s lemon law offers key protections for consumers who unknowingly purchase defective vehicles. For the law to apply, the defect must be significant enough to impair the use, value, or safety of the car—and it must not be the result of abuse, neglect, or unauthorized modifications.
Typically, the issue must persist after a reasonable number of repair attempts, demonstrating that the manufacturer had a fair chance to correct the problem but failed to do so. If the defect remains unresolved, Virginia law may entitle you to a refund or a replacement.
When Do Virginia Lemon Laws Apply?
Lemon law in Virginia only applies to demonstrator models or vehicles with a certified pre-owned warranty.
Under the federal lemon law requirements, conditions must meet the following criteria:
- The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
- There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
- The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.
How Do You Ensure the Application of Lemon Laws?
To build a strong case under Virginia’s lemon law, you need more than just a faulty car—you need documentation, timing, and a clear paper trail. Following a few best practices can help establish your eligibility for a refund or replacement. The steps below may also strengthen your legal position if you decide to file a complaint or seek legal help.
Here’s how Virginia consumers can protect themselves:
- Use the Authorized Dealer: Always return to the dealership for warranty repairs. If you use an independent mechanic, it could undermine your claim. The law expects the manufacturer or their authorized representative to have a chance to correct the defect.
- Document Every Visit: Keep service records, receipts, work orders, and notes about your experience. These documents help show how many chances the manufacturer had to fix the issue—and how much time your vehicle was unavailable.
- Know the Law: Virginia’s lemon law has specific requirements. You must notify the manufacturer in writing about the issue and give them a final opportunity to fix it. Understanding these steps matters.
According to the Virginia DMV, you may qualify for a replacement or refund if:
- The same problem was repaired three or more times with no success.
- The vehicle was out of service for 30 or more cumulative days during the first 18 months or 18,000 miles.
- The issue substantially impairs the use, market value, or safety of the vehicle.
What Exactly Are Consumers Entitled To Under Lemon Laws?
If your vehicle qualifies under Virginia’s lemon law, you may be entitled to more than just repairs—you may have a legal right to a replacement or a full refund. However, the manufacturer can deduct a “reasonable use” fee, based on the number of miles driven before the defect made the car undrivable. Even with that deduction, the total compensation often covers a broad range of costs.
A qualifying lemon in Virginia may entitle you to reimbursement for:
- Your initial down payment
- Vehicle registration fees
- Sales and use taxes paid at purchase
- Car rental expenses incurred while the vehicle was unusable
- Monthly finance payments already made
- Towing costs directly related to the defect
- Attorney’s fees, if the court rules in your favor
Do Lemon Laws Apply to Used Vehicles?
Virginia’s lemon law protections don’t just apply to new cars. If you purchased a used vehicle that’s still covered under the manufacturer’s original warranty—or a certified pre-owned warranty from a dealership—you may still have a valid claim. The key factor is not the age of the car, but whether it’s under an active warranty when the defect arises.
When Should You Hire a Qualified Virginia Lemon Law Attorney?
If your vehicle has spent weeks in the shop and the dealership can’t get it right, it may be time to take legal action. Virginia law gives manufacturers a reasonable number of chances to fix the problem, but if they fail, you have the right to escalate. Once your vehicle has been out of service for 30 days or more—or undergone multiple unsuccessful repairs—contacting a knowledgeable Virginia lemon law attorney can help you take the next step.
How Does the Lemon Law Litigation Process Work?
Bringing in an experienced Virginia lemon law attorney can give your case the structure and direction it needs. Most people don’t have the time—or patience—to deal with manufacturers on their own. Legal counsel ensures your claim is taken seriously and can often increase your chances of recovering full compensation.
Here’s what you can typically expect when you partner with a lemon law attorney in Virginia:
- Free Case Review – Most attorneys will evaluate your claim at no cost. They’ll assess your documentation and confirm whether your situation qualifies under state or federal lemon law.
- Claim Filing and Communication – Your attorney will take over communications with the manufacturer and prepare the formal demand, relieving you of back-and-forth phone calls and paperwork.
- Escalation if Needed – If the manufacturer ignores or denies your claim, your lawyer may file a civil suit to pursue a replacement or full refund under Virginia’s Motor Vehicle Warranty Enforcement Act.
- Settlement Negotiation – Many cases settle before reaching court. If that happens, the manufacturer is typically required to cover your legal costs—including attorney’s fees.
- No Win, No Fee – Most lemon law attorneys work on contingency, meaning you don’t pay anything unless you win your case. Even if you lose, a reputable law firm will not bill you for fees.
In Virginia, lemon law disputes are often filed in a General District Court, which handles civil claims of up to $50,000. If your claim exceeds that amount or involves complex legal issues, it may proceed to Circuit Court.
You can find additional details on the jurisdiction and process in the Virginia Judicial System’s General District Court Manual.
Work With an Experienced Virginia Lemon Law Attorney
If your vehicle keeps breaking down and the dealership isn’t offering answers, it may be time to take legal action. A knowledgeable lemon law attorney in Virginia can step in to protect your rights and push for the resolution you deserve.
Do you need immediate help? Then one of our experienced lawyers in Virginia can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Virginia state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced Virginia lemon law attorney!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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