Purchasing a motor vehicle is a significant investment. Unfortunately, some cars and trucks do not live up to a consumer’s expectations at the time of purchase. When the vehicle’s faults make it a “lemon” under Virginia’s laws, consumers are entitled to certain legal protections guaranteed by the Motor Vehicle Warranty Enforcement Act. Under the act, consumers are protected when their vehicle exhibits nonconformities, but what actually qualifies as a “nonconformity”?.
Determining Nonconformity Under Virginia’s Lemon Law
A vehicle is considered to have a nonconformity under the terms of Virginia’s lemon law when the vehicle does not conform to the warranty or has a defect or condition that significantly impairs its use, market value, or overall safety.
A nonconformity may exist even if the failure to conform to the warranty or the defect or condition does not affect the drivability of the vehicle. It is also important to understand the definition of “significant impairment” under the terms of the Act. In Virginia, a “significant impairment” exists when the motor vehicle is unfit, unreliable, or unsafe for ordinary use or its reasonable intended purposes.
Pursuing a Lemon Law Case to Replace a Nonconforming Vehicle
When nonconformity exists, consumers may be entitled to a replacement of their vehicle, a refund of the purchase price, and other possible legal remedies. However, if the manufacturer can show that the nonconformity was due to abuse, neglect, or unauthorized modification of the vehicle by the consumer, the law will not apply. If you believe your vehicle is a lemon, you may have a fight on your hands. Time limitations also apply, so we encourage you to act quickly by contacting us today at 804-282-7900.