While the purchase of a new car is usually an exciting and satisfying experience, some consumers, unfortunately, purchase a motor vehicle that later proves to be defective, does not conform to a warranty, or is in such a condition that it affects its use, safety, or market value. When this occurs, consumers are afforded certain protections under the state’s Lemon Law. As part of the provisions of this law, a consumer may opt to return the vehicle and accept a refund.
Calculating a Refund Amount Under the Lemon Law
When a consumer obtains a refund for a vehicle under the Lemon Law, the refund amount is based upon the situation’s unique facts and circumstances. What parties are potentially entitled to a refund after the return of a motor vehicle? The following is an overview of Virginia's Lemon Law:
- The consumer
- The lessor of the vehicle
- The lienholder, to the extent of their interest
As part of the refund amount, the party pursuing the lemon law claim may receive compensation for the full contract price for the sale of the vehicle, collateral charges (which includes interest paid out on the loan and accessories), and incidental damages. This amount is reduced by a reasonable allowance for the use of the vehicle up until the date when the first notice of nonconformity was given to the manufacturer or dealer. In addition, the consumer may be entitled to mileage, expenses, reasonable loss of use of the vehicle, and legal fees and expert fees are recoverable as well, all of which occurred as a result of the manufacturer or dealer’s attempts to make the motor vehicle conform to the express warranty.
If you purchased a lemon, it is important to seek guidance in order to protect your legal rights. We encourage you to act quickly by contacting us today at 804-282-7900.