Lemon car, SUV, truck, RV, motor home chassis problems in Virginia? Contact the attorney who wrote Virginia's Lemon Laws for an accurate consultation for the fastest way to resolve your lemon law claim.

Frequently Asked Questions

Below are some initial questions many clients have when they first contact The Consumer Law Group, P.C.. The questions below can address many initial concerns you may have. If you don't find the answers here, you may contact us for answers to more complex questions or questions specific to your case. The initial telephone consultation is free.

Virginia Lemon Law

  • Q: Does Virginia's Lemon Law cover used vehicles?

    A: Yes, but only in certain cases. As long as the vehice was covered by the original manufacturer's warranty when you got it, and the period of 18 months from the date that the original manufacturer's warranty first went into effect with the ORIGINAL OWNER has not expired. NOTE, if this 18-month period is about to expire, you HAVE to contact us immediately!! If the 18-month period expires and no lawsuit has been filed or arbitration has not been filed, then your rights under Virginia's lemon law have expired.
  • Q: What is a "lemon" vehicle?

    A: It's a vehicle that has a problem or problems that "significantly impairs the use, value or safety of the vehicle" to you and which the dealer has not fixed within a reasonable number of chances, and the manufacturer has been notified about these problems IN WRITING. (Not e-mail, fax or by phone, and preferably by certified mail). You can find "Instructions on How to Give Notice to the Manufacturer," as well as a "Sample Letter to Put the Manufacturer on Notice," in our Library or Resources section.
  • Q: Are business vehicles covered by Virginia's Lemon Law?

    A: Not if a "significant" percentage of the use of the vehicle is for business. If you have deducted a "signifianct" percentage of the use of the vehicle for business on your personal tax return, then Virginia's Lemon Law probably will not cover it. However, if the business usage is less than 50%, and this amount or less is what is on your tax return, then the vehicle probably will be covered.
  • Q: Is there a time deadline to file a Lemon Law claim?

    A: Yes. A Virginia Lemon Law lawsuit must be filed within 18 months of the warranty first going into effect with the first owner of the vehicle. However, if you have filed for arbitration prior to this 18-month period expiring, then your deadline to file suit is extended by 12 months from the date of any decision by the arbitrator.
  • Q: The manufacturer wants to give me an extended warranty instead of replacing my car. What happens if I accept it?

    A: You probably will lose all your Lemon Law rights, so be very sure that you can live with the result. Extending the warranty is a very cheap way out for the manufacturer. All you really are getting is the promise that they'll take another "whack" when more things go wrong in the future.
  • Q: I have a lemon and the manufacturer has agreed to replace it but it wants me to pay for the mileage. Do I have to do that?

    A: No, the Lemon Law does not give the manufacturer the right to make you pay for the miles beyond the mileage on the first repair order for the problem you are complaining about - but they will try to get you to pay for it anyway, hoping you do not know your rights.
  • Q: How many times do I have to give the dealer the chance to fix my car before it qualifies as a lemon?

    A: 1) If the same "significant" problem is worked on 3 times (i.e you have three repair orders) and still exists after that, then it's a lemon. Or, 2) if you have a life-threatening defect that affects the driveability of the vehicle, and it still exists after one repair attempt, then you have a lemon. Or, 3) if the vehicle has been in the shop 30 or more calender days over the life of the vehicle for ANY problem or defect, and there is still something legitimately wrong with the car, then it's a lemon.

    Once you have "notified" the manufacturer, in writing, no matter how many times it has tried to fix it before, it has a "final repair attrempt" not to exceed 15 days to correct the problem. If after this time the problems still exist, then you have a lemon and are entitled to a full refund.

    You can find "Instructions on How to Give Notice to the Manufacturer," as well as a "Sample Letter to Put the Manufacturer on Notice," in our Library or Resources section.
  • Q: If I have a lemon, what remedy am I entitled to?

    A: In return for the vehicle, you are entitled to a refund of ALL money you have paid towards the vehicle, such as any downpayment, trade-in value, monthly loan payments, plus payoff of any balance on your loan, plus attorney fees, expert witness fees, and court filing fees, LESS mileage on the vehicle up to the first repair attempt for the problem you are complaining of (calculated at 1/2 the IRS business deduction mileage rate). Or, another way of calculating your refund (which GM uses) is that in return for the vehicle, you receive the cash purchase price, plus all collateral charges such as taxes, title and tags, plus any interest you have paid on the loan, plus attorney fees, expert fees, and court costs, less the mileage deduction as described above.
  • Q: Do I have to pay any attorney fees?

    A: We will provide an initial FREE case review to determine if your vehicle may qualify as a lemon. This review can take place either over the phone or via e-mail, whichever you prefer. During this FREE case review, we will discuss our fees and costs.

    Under Virginia's Lemon Law, all reasonable attorney fees, expert witness fees, and court cost have to be paid by the manufacturer.
  • Q: What are some Lemon Law tips?

    A: 1. KEEP A COPY of all paperwork you have regarding your vehicle and its history. This includes all repair orders, purchase contracts, loan contracts, warranty book and owners manual that came with your car.

    2. AFTER A REPAIR IS COMPLETED AND YOU PICK UP YOUR CAR, do not leave without a repair order with accurate information. a)Make sure ALL the problems you complained of are on the repair order. This is your proof that you told them about it. Do not let the service person say something like, "Well, we did not find anything wrong so we did not put it down." Make them write the complaint on the repair order then, if they want, they can write "NPF" - No Problem Found. But you need proof that you complained about it because this will count as a repair attempt if it's on the repair order - even if there is NPF. b) Make sure the dates out of service are accurate. One dealer trick is to show fewer days than the dealer actually had the car so it's harder for you to reach the magic number of 30 days. (See Lemon Law FAQ, "How many times do I have to give the dealer a chance to fix my vehicle?")

    3. TAKE WRITTEN NOTES of all conversations you have with your dealership and repair technicians concerning your vehicle and its “lemon” potential. Include the date, time and what specifically was discussed. This includes phone calls and in-person contacts. Note the days the vehicle was out of service.

    4. ASK ABOUT TSB’s, or Technical Service Bulletins, which are instructions from the manufacturer that alert dealerships of specific defects or necessary repairs in certain models. If you don’t ask, your dealer might not present you with this information, so speak up and ask your technician to write your request on the repair order.

    5. PREPARE A TIMELINE if you have several repair orders in your possession, organize each repair attempt by date, the number of times the vehicle has been in the shop, and how many days total your vehicle has been out of service.

    6. DO NOT BE DISCOURAGED by your dealer, repair technicians, or others who might tell you the problems you are experiencing with your vehicle are minor and that you do not qualify under the lemon law for any sort of relief. ONLY AN ATTORNEY who is licensed to practice law in the state where you purchased your vehicle and has some familiarity with the lemon law, can make that determination!
  • Q: How do I notify the Manufacturer of any problems?

    A: The address of the manufacturer can be found in your Warranty Booklet, which is provided by the manufacturer at the time of sale. You can find "Instructions on How to Give Notice to the Manufacturer,"as well as a "Sample Letter to Put the Manufacturer on Notice," in our Library or Resources section.
  • Q: Does the consumer have 3 days to change his mind and return a car to the dealership?

    A: No. There is a very common misconception that a consumer can change his mind within a three-day period, and return a vehicle. In the absence of fraud, the sale of a vehicle in Virginia is a done deal upon signing the contract, and the vehicle cannot be returned within three days because the consumer has changed his/her mind. The sale is final in the absence of fraud or duress.
  • Q: What can the consumer do if the vehicle appears to be a lemon, and the vehicle is older than 18 months?

    A: The Virginia Lemon Law applies to new or used vehicles that are still within the first 18 months of original factory warranty. When the vehicle is purchased for the first time, the 18-month period begins to run, and a second buyer is only protected within the period that started when the first buyer purchased the vehicle. If a vehicle is over 18 months old, and is significantly defective, a consumer may be able to file for relief under the Magnuson-Moss Warranty Act, which has a four-year statute of limitations period starting at the original purchase date. In successful breach of warranty claims, the consumer must first prove, with an expert report and testimony, that the vehicle has factory defects and the significant problem(s) existed when the vehicle was new, and the consumer has to revoke his acceptance of the vehicle, which requires that the vehicle is parked and no longer driven during litigation. If successful, the consumer can be refunded for the vehicle.
  • Q: What types of vehicles are covered by Virginia's Lemon Law?

    A: Cars, pickup trucks, motorcycles, mopeds, snowmobiles, and the chassis portion of a self-propelled RV, which were either purchased or leased, and are used "in substantial part for personal, family or household use."

Auto Fraud

  • Q: What should a consumer do when a warranty company rejects honoring the warranty because they claim the consumer did not maintain the vehicle, or that the consumer abused the vehicle?

    A: When the warranty company rejects a claim based on the consumer’s improper maintenance, or because the consumer abused the vehicle, the consumer has the burden of proof to show that the vehicle’s problem is a result of a factory defect as opposed to the consumer's lack of maintenance. This will require the consumer to hire an expert mechanic to conduct an inspection of the vehicle, prepare a report, and be willing to testify if he/she discovers that the vehicle is defective, and that the consumer is not the cause of the vehicle’s mechanical problems.
  • Q: What should a consumer do once he knows that the vehicle was wrecked prior to being sold to him?

    A: Upon discovery that the vehicle has been wrecked prior to ownership, the consumer needs to have the vehicle inspected by an expert body shop and have a report completed, and then contact our office so the remaining investigation can be conducted and the case can be evaluated.
  • Q: What can I do if the dealership contacts me after the sale, and wants me to re-sign the paperwork, or bring the vehicle back because the financing could not be worked out, all after being told that it was a “done deal”?

    A: When a dealership and the consumer agree upon terms, the contract is signed, insurance is purchased, temporary tags are issued or permanent tags are transferred from a trade vehicle, and the vehicle is driven off the lot by the new owner, the sale is complete. There is a common trend in the industry called a “spot delivery” or “yo-yo sale," where the dealer “spots” the vehicle to the consumer, congratulating the consumer, and then attempts to “pull back” or rewind the deal like a yo-yo after failing to obtain the financing that they assured the consumer was complete at the time of the sale.

    When the dealer contacts the consumer about a change in terms or requests that the consumer come up with a larger down payment, or co-signer, and re-sign the contract, the consumer should advise the dealership that they have a done deal, and, in the event that the vehicle is re-possessed by the dealership, which is referred to as the act of conversion, the consumer’s rights have been violated and the consumer should contact our office immediately.
  • Q: How can a consumer determine if his vehicle was wrecked prior to being sold to him?

    A: There are several ways to determine if a vehicle has a salvage history or has been wrecked prior to being sold to a consumer. The consumer can obtain a Carfax report, a DMV title history, or contact his insurance provider to locate salvage or wreck history, but the best way for a consumer to know for sure, and to have the requisite expert that will be required in litigation, is for the consumer to have the vehicle inspected by a licensed body shop expert.
  • Q: What can a consumer do if she pays a mechanic to fix her car, and they replace the wrong part, while charging her for a different part?

    A: Some mechanic shops charge a consumer to replace a part in their vehicle, while just repairing the part, or not even touching that part, and attempting to repair a problem through other means, without disclosing this to the consumer. It is fraudulent to charge for a part that is not replaced. The consumer should first ask for a written estimate that describes what you have asked the mechanic to repair. The estimate should include a price for parts and labor. Ideally, it will list the parts to be replaced. Then the consumer should be in the habit of asking the mechanic to give him back the old parts before paying for the repair, and taking back the vehicle. Also, if the consumer states that he/she is going to want the old parts back after work is performed before authorizing the work, it may prevent this fraud from occurring. In the event that a repair is conducted, and the mechanic cannot produce the old part(s), and then an expert mechanic acknowledges the fraud, the consumer should contact our office immediately.
  • Q: What can a consumer do if a mechanic is negligent in repairing the vehicle, and this negligence leads to a future problem or an accident?

    A: In the event that the consumer has reason to suspect that a repair facility performed a repair negligently, and has thus caused further damage to the vehicle as a consequence, the consumer has the burden of proof and must obtain a expert mechanic to inspect the vehicle and testify that the previous mechanic was negligent, and specifically, that their negligence was the exact cause of the current problem(s), or that their negligence created a condition that was the direct cause of an accident.

Credit Fraud & Identity Theft

  • Q: What can a consumer do if there is an error on his credit report?

    A: As a safety precaution, a consumer should randomly obtain a copy of his credit report to insure it is accurate, about once every 6 months or at least once a year. When a consumer finds an error on his report, he needs to send a certified letter formally disputing the error with each of the three major credit bureaus, listed on this site, with a copy of the current report attached with the error highlighted. The credit reporting agencies must comply within 30 days either with notice of removal of the error, or with an explanation of the entry. If the consumer does not receive correspondence from the agencies within this 30 day period, the agencies may be in violation of the Fair Credit Reporting Act, and the consumer should contact our office immediately.
  • Q: What should a consumer do if his identity has been stolen and used to obtain credit?

    A: The consumer should first be aware that identity theft is a crime that must be reported to the police authorities. A stumbling block is that, often, this crime is perpetrated by a family member, and the victim does not want to get his family member in trouble; in which case, there is not much we can do. But once the victim does press charges and the state is successful in prosecuting the criminal, the consumer then must formally dispute the items on his credit report. The consumer should obtain a current report from all three credit agencies and highlight the disputed items. The credit agencies are required to respond within 30 days. The agencies must notify you of removal of the item(s) or notify you of the validity of the item(s). If not, then the agency may be in violation of the Fair Credit Reporting Act, and the consumer should contact our office immediately.
  • Q: What are some ways to avoid Credit Fraud & Identity Theft?

    A: 1. The next time you order checks, have your initials (instead of your first name) and last name put on the checks. If someone takes your checkbook, they will not know if you sign your checks with just your initials or your first name, but your bank will know how you sign your checks.

    2. Do not sign the back of your credit cards. Instead, put “PHOTO ID REQUIRED.”

    3. When your are writing checks to pay on your credit card accounts, do not put the complete account number on the “For” line. Instead, just put the last four numbers. The credit card company knows the rest of the number, and anyone who might be handling your check as it passes through all the check processing channels won’t have access to your credit card number.

    4. Put your work phone number on your checks instead of your home phone. If you have a Post Office Box, use that instead of your home address. If you do not have a Post Office Box, use your work address. Never have your Social Security number printed on your checks. You can add it if it is necessary, but if you have it printed, anyone can get it.

    5. Place the contents of your wallet on a photocopy machine. Copy both sides of each license, credit card, etc. You will know what you had in your wallet and all of the account numbers and phone numbers to call and cancel. Keep the photocopy in a safe place. You should also carry a photocopy of your passport with you when you travel either here or abroad.

    6. If your credit cards are stolen, file a police report immediately in the jurisdiction where they were stolen. This proves to credit providers you were diligent, and this is a first step toward an investigation (if there ever is one).

    7. If your credit cards are stolen, call the three national credit reporting organizations immediately to place a fraud alert on your name and Social Security number. The alert means any company that checks your credit knows your information was stolen, and they have to contact you by phone to authorize new credit. The numbers to the three credit reporting organizations are:
    A. Equifax: 1-888-766-0008
    B. Experian: 1-888-397-3742
    C. Trans Union: 1-800-680-7289
    The number to the Social Security Administration fraud line is 1-800-269-0271.
  • Q: How do I get my annual free credit report?

    A: Visit www.annualcreditreport.com. You can also call 1-877-322-8228, or write: Annual Credit Report Request Service, P.O. Box 105821, Atlanta, GA 30348-5281.
  • Q: Was I denied credit because of a bad credit report?

    A: If you applied for and were denied credit, the Equal Credit Opportunity Act requires creditors to tell you the specific reasons for your denial. For example, the creditor must tell you whether the denial was because you have no credit file with a Consumer Reporting Agency or because the Consumer Reporting Agency says you have delinquent obligations. This law also requires creditors to consider, upon request, additional information you might supply about your credit history.
  • Q: How do I locate the Consumer Reporting Agency that has my file?

    A: If your application was denied because of information supplied by a Consumer Reporting Agency, that agency's name and address must be supplied to you by the company you applied to. Otherwise, you can find the Consumer Reporting Agency that has your file by calling those listed in the Yellow Pages under credit or credit rating and reporting. If it was Experian, Trans Union, or Equifax, use the information below or on our home page.
  • Q: Do I have the right to know what the report says?

    A: Yes, if you request it. The Consumer Reporting Agency is required to tell you about every piece of information in the report and, in most cases, the sources of that information. Medical information is exempt from this rule, but you can have your physician try to obtain it for you. The Consumer Reporting Agency is not required to give you a copy of the report, although more and more are doing so. You also have the right to be told the name of anyone who received a report on you in the past six months. (If your inquiry concerns a job application, you can get the names of those who received a report during the past two years.)
  • Q: Is this information free?

    A: Yes, in certain circumstances. If your application was denied because of information furnished by the Consumer Reporting Agency, and if you request a copy of your report within 60 days of receiving the denial notice, you are entitled to the information without charge. You are also entitled to one free report once in any 12-month period, if you certify in writing that you:

    - Are unemployed and intend to apply for a job in the next 60 days;
    - Are receiving public welfare assistance; or
    - Believe that your report is wrong due to fraud.

    If you don't meet one of these requirements, the Consumer Reporting Agency may charge a reasonable fee, usually about $9.00.

    There is a central site that allows you to request a free credit report once every 12 months from each of the nationwide consumer credit reporting companies: Equifax, Experian, and TransUnion. Please visit www.annualcreditreport.com for more information. (See our link to this site in our RESOURCES section.)
  • Q: What can I do if the information is inaccurate or incomplete?

    A: Notify the Consumer Reporting Agency. Be as specific as possible. They are required to reinvestigate the items in question. You should also contact directly the creditor or other person who gave the incorrect information to make sure their records are in order. If the new investigation reveals an error, a corrected version should be sent, on your request, to anyone who received your report in the past six months. (Job applicants can have corrected reports sent to anyone who received a copy during the past two years.) If you dispute the accuracy of the information in your file and the Consumer Reporting Agency deletes it, the agency cannot put the disputed information back into your file without notifying you in writing.

    If you contact a consumer reporting agency to dispute the accuracy or completeness of information in your file, the reporting agency may forward your dispute to the creditor or other person who furnished the information to the agency. But you also should still contact that source of information directly. Many creditors have a special address for this purpose, and have a duty to avoid reporting inaccurate information. Also, if you tell anyone that you dispute the accuracy of information, then that person must note that the information is disputed whenever it is provided to a consumer reporting agency.
  • Q: What can I do if the Consumer Reporting Agency won't modify the report?

    A: The new investigation may not resolve your dispute with the Consumer Reporting Agency. If this happens, have the Consumer Reporting Agency include your version of the disputed information in your file and in future reports. You may submit a written statement of any length to be included in your file, although if the Consumer Reporting Agency assists in writing a clear summary of the dispute, the statement may be limited to 100 words. At your request, the Consumer Reporting Agency will also show your version or a summary of your version to anyone who recently received a copy of the old report. There is no charge for this service if it's requested within 30 days after you receive notice of your application denial. After that, there may be a reasonable charge.
  • Q: How long can Consumer Reporting Agencies report unfavorable information?

    A: Generally, seven years. Adverse information cannot be reported after that, with certain exceptions:

    - bankruptcy information can be reported for ten years;
    - information reported because of an application for a job with a salary of more than $75,000.00 has no time limit;
    - information reported because of an application for more than $150,000.00 worth of credit or life insurance has no time limit;
    - information concerning a lawsuit or judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer.
  • Q: What if I think a Consumer Reporting Agency has violated my rights under the law?

    A: You may wish to seek the advice of an attorney. In some cases, but not always, a Consumer Reporting Agency which has violated the Fair Credit Reporting Act must pay your attorney's fees.

    Although the Federal Trade Commission cannot act as your lawyer in private disputes, information about your experiences and concerns is vital to the enforcement of the Fair Credit Reporting Act. Please send questions or complaints to the FTC, Washington, D.C. 20580.
  • Q: Your Credit Report: What should you know?

    A: In today's rocky economy, having good credit standing is vital for the typical consumer. Few of us go through life without needing to borrow money from a bank or finance center. Whether you are approved for the loan and at what interest rate depends largely on your credit history.

    At The Consumer Law Group, we understand the importance of maintaining good credit. In the interest of promoting consumer fairness and awareness, we have provided the following summary of rights and protections you are afforded when it comes to your credit.

    If you've ever applied for a charge account, a personal loan, insurance, or a job, someone is probably keeping a file on you. This file might contain information on how you pay your bills or whether you've been sued, arrested, or have filed for bankruptcy.

    The companies that gather and sell this information are called Consumer Reporting Agencies, or CRAs. The most common type of Consumer Reporting Agency is the credit bureau. The information sold by Consumer Reporting Agencies to creditors, employers, insurers, and other businesses is called a consumer report. This generally contains information about where you work and live and about your bill-paying habits.

    In 1970, Congress created a law that gives consumers specific rights in dealing with Consumer Reporting Agencies. The Fair Credit Reporting Act protects you by requiring that Consumer Reporting Agencies furnish correct and complete information to businesses for use in evaluating your application for credit, insurance, or a job.
  • Q: How do I order a copy of my credit report?

    A: To order copies of your credit reports, write to each of the following Consumer Reporting Agencies:

    EXPERIAN
    Post Office Box 2002
    Allen, TX 75013
    (800) 583-4080
    (888) 397-3742
    www.experian.com

    TRANS UNION CORPORATION
    Post Office Box 2000
    Chester, PA 19022-2000
    (800) 888-4213
    www.transunion.com


    EQUIFAX CREDIT INFORMATION SERVICES
    Post Office Box 740241
    Atlanta, GA 30374
    (800) 685-1111
    (888) 873-5392
    www.equifax.com
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