John Cole Gayle, Jr., Esq.Protecting and fighting for consumer rightsWe only handle cases in the state of Virginia
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What can the consumer do if the vehicle appears to be a lemon, and the vehicle is older than 18 months?
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.