You bought a new car in Virginia last year and were shocked to find something wrong with it shortly after you got it. After all, you bought a new car to be free of the constant maintenance and repairs required of a used car. Under the terms of Virginia’s Lemon Law, the first step is to formally notify the manufacturer of the problem and allow them time to remedy the situation. If you fail to take this step, the manufacturer will be given additional opportunities to repair your vehicle. We discuss the best way to comply with this requirement.

This Will Require Paper and a Stamp

We all love the convenience of email, but this is a time when you will want to actually mail a hard copy of the letter. This will give you a paper trail to prove that you did, in fact, notify the manufacturer of your problem. We recommend the extra precaution of taking the letter to the post office and sending it by registered mail with return receipt.  For around $6 you will have the first piece of evidence you may need if you have to pursue a case.   You can also send it via FedEx or UPS overnight.  You will want to include the following in your letter:

  • Your name

  • The year, make, and model of the vehicle

  • The Vehicle Identification Number (VIN)

  • Name and location of dealership

  • Any co-signers on the loan

  • Date of purchase

  • A detailed list of defects

  • Your address, phone number, and email address and that of any co-signers

What Is Considered Notification Under the Law?

According to Virginia’s Lemon Law, a manufacturer has been notified when the following has occurred:

  1. A written complaint of the defect or defects has been mailed to it.

  2. The manufacturer has responded to the consumer in writing, or

  3. A factory representative has either inspected the vehicle or met with the consumer or an authorized dealer regarding the nonconformity.

Once notification has occurred, the manufacturer has the opportunity to repair the defect. If the defect is not repaired with a reasonable number of repair attempts, you may have grounds for a replacement of the car or a refund of the purchase price under the Lemon Law.

A copy of this letter is on our website.  Just go to the home page and in the search box type in Notice Letter.

The Consumer Law Group Can Help

If you believe your car is a lemon, you have properly notified the manufacturer, and have allowed the manufacturer to attempt to repair your car to no avail, you may have a claim under the Lemon Law. Call our office at 804-282-7900 to find out more.


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