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1. What do I do if I think my car is a lemon? Can my used car be considered a lemon?
Virginia’s Motor Vehicle Warranty Enforcement Act, Va. Code §§ 59.1-207.9 to 59.1-207.16:1, is commonly referred to as Virginia's "Lemon Law." The law applies during the period ending eighteen (18) months after the date of the original delivery of the vehicle to the consumer. Under certain conditions, the Lemon Law may apply to used vehicles. Although we are not able to provide legal advice to you, you may want to review Subaru of America, Inc. v. Debora C. Peters, 256 Va. 43, 500 S.E.2d 803 (1998). This case dealt with application of the "Lemon Law" to a used vehicle.
Read Virginia’s "Lemon Law" Statute
For interpretation of this or any other possibly relevant Virginia statute, you should consult with a private attorney familiar with this area of the law and the laws of Virginia. If you require the services of an attorney but do not have one in mind, you may wish to contact the Virginia Lawyer Referral Service sponsored by the Virginia State Bar:
Virginia Lawyer Referral Service
Although the provisions of Virginia's Lemon Law are enforceable by private action brought by the consumer and not by a governmental agency, the Office of Consumer Affairs (OCA), a separate office within the Virginia Department of Agriculture and Consumer Services, may be able to assist consumers with referrals to the appropriate agency, such as the Virginia Motor Vehicle Dealer Board or to one of the many Better Business Bureaus (BBBs) across the nation. The Washington office of the BBB has contracts with the majority of car manufacturers to provide mediation services. For this reason, this Office generally forwards any Lemon Law complaints it receives to OCA or one of the other three local Virginia consumer protection offices. For more information about the OCA and the three local consumer protection offices in Virginia, including contact information:
Office of Consumer Affairs
PO Box 1163
Richmond, Va 23218
(804) 786-2042
Toll Free in VA: 1-800-552-9963
2. Do I have 3 days to cancel a purchase?
In general, NO. In Virginia, there is no general 3-day or other right of cancellation on most consumer transactions, e.g., no right of 3-day return in the context of a car purchase. However, Virginia law does provide such rights in certain limited areas and contexts in the following laws. Although this is not an exhaustive list of all Virginia laws that include a right of cancellation, some examples are:
3-day right of cancellation: Virginia Home Solicitation Sales Act
(click on "next" to view subsequent sections of this statute)
1-day right of cancellation: Payday Loan Act
(click on "next" to view subsequent sections of this statute)
7-day right of cancellation: Virginia Membership Camping Act
(click on "next" to view subsequent sections of this statute)
7-day right of cancellation: Virginia Travel Club Act
(click on "next" to view subsequent sections of this statute)
3-day right of cancellation: Virginia Health Spa Act
(click on "next" to view subsequent sections of this statute)