For many hardworking people in Virginia, their vehicle is one of their most significant and important investments. But when that investment turns out to be a lemon, these same people often get stuck paying substantial amounts to make repairs or are forced to try and convince large auto manufacturers that the vehicle's defects should be covered under warranty.
We Know You Have Some Questions
If you believe that you have been sold a lemon, you likely have some questions regarding your options for pursuing a replacement or a settlement. The state and federal lemon laws are complex and nuanced. Our team of experienced attorneys at FerrisWinder, PLLC, can help you understand how the law applies to your case and take necessary action.
Below are some of the most common questions we hear regarding lemon laws accompanied by general answers. For more comprehensive explanations tailored to your specific issues, we encourage you to read through our page on warranty and lemon laws and then give us a call to schedule a consultation.
It's important to note that in warranty and lemon law cases, legal fees are often covered by your settlement — in short, if you are stuck with a lemon, it's in your best interests to hire a lawyer.
What Is The Virginia Lemon Law?
- Formally known as the Virginia Motor Vehicle Warranty Enforcement Act, Virginia Code Title 59.1-207.9 through 59.1-207.16:1, Virginia's lemon law is intended to protect consumers from unfair warranties while holding manufacturers accountable for their products and the warranties they offer regarding those products.
What Is The Mag-Moss Act?
- Sometimes referred to as Mag-Moss Act, the formal name is the Magnuson-Moss Warranty Act, Federal Code 15 U.S.C. §2301 et seq. Enacted in 1975, the MMWA is a federal warranty act intended to make the warranties on consumer products clear, understandable and enforceable. In short, the act allows consumers to hold warrantors accountable by seeking the refund or replacement of a faulty product under warranty after a reasonable number of repair attempts.
Do I Have A Lemon?
- That depends on multiple variables. How many times has your vehicle been in for service? Has service been refused? Is it a serious safety issue? How many days has your vehicle been out of service? Our attorneys will explain the laws and process and help you determine if you qualify. In most cases, newer vehicles (the original purchase date from the manufacturer should be within the last four years) are covered under these laws and present the best opportunities for a successful case.
Can Only New Cars Qualify?
- Not necessarily, many vehicles which are only a few years old, but are used still qualify under these laws.
Do Leased Vehicles Qualify?
- Yes, leased vehicles do qualify.
What Do I Do If The Dealership Where I Bought My Car Won't Help?
- The dealer is not responsible for the manufacturer's warranty. In lemon law cases, we take action against the manufacturer, NOT the dealer.
Do All Problems Or Repairs Qualify?
- No. Generally, the warranty will not cover problems that were caused by unreasonable use or failure to provide proper and necessary maintenance. There may be other factors that nullify the warranty that we can review with you.
Do I Really Need An Attorney?
- We encourage prospective clients to think of it this way: Do you feel comfortable attempting to stand up to major auto manufacturers? These companies have nearly unlimited resources, an army of attorneys and experience handling these types of issues. So why not arrive with your own legal team which knows how to resolve these types of cases efficiently and effectively?
Will I Need To Pay For A Lawyer?
- Under both state and federal lemon laws, the manufacturer is responsible for paying the consumer's reasonable attorney's fees.
Questions? We Have The Answers.
To learn more about lemon laws, contact us at 804-767-6848 and schedule a free initial consultation at our Richmond law office. If you prefer to send an email, you can complete our contact form for a prompt response. We handle lemon law and warranty cases on behalf of clients in Richmond, Petersburg and throughout Virginia.