States
Virginia lemon law: when a new car is a lemon
What Va. Code §§ 59.1-207.9 to 59.1-207.16:1 asks before a manufacturer must repurchase or replace a car, the steps on the way and the last day to act.
Does your car meet the Virginia lemon law tests?
Virginia, November 5, 2026 read in the statute
The presumption appears to be met
| Protection period | 18 months: until July 5, 2027. You are inside it. |
| Repair attempts, same defect | Met: needs 3, you have 3 |
| Serious safety defect | Not met: needs 1 attempt, you have no safety defect |
| Days out of service | Not met: needs 30 calendar days, you have 12 |
| Notice | Written notice to the manufacturer if the warranty or owner’s manual discloses it is required (§ 59.1-207.13). |
| Dispute step | Using the manufacturer’s procedure is your choice (§ 59.1-207.15). |
| File a lawsuit by July 5, 2027 (242 days left) | Lawsuit within the 18-month rights period, or 12 months after the manufacturer’s procedure ends if you used it in time (§ 59.1-207.16). |
Tests as written in the law; a court or arbitrator decides. Va. Code §§ 59.1-207.9 to 59.1-207.16:1
The Virginia lemon law in detailVirginia’s Motor Vehicle Manufacturers’ Warranty Adjustment Act, sections 59.1-207.9 to 59.1-207.16:1 of the Code of Virginia, read on the legislature’s site on November 1, 2026, gives buyers and lessees an 18-month lemon law rights period from delivery. A reasonable number of attempts is presumed after three repairs of the same nonconformity, after one repair attempt for a serious safety defect, or after 30 calendar days out of service. Written notice to the manufacturer is required only if the warranty or the owner’s manual discloses it. Using the manufacturer’s informal dispute procedure is the owner’s choice. An action must be brought within the 18-month period, or within 12 months after the manufacturer’s procedure ends if the owner used it in time.
When is the last day to act?
File a lawsuit, Virginia
March 5, 2027
| Days from today | 120 left |
| Rule: Lawsuit within the 18-month rights period, or 12 months after the manufacturer’s procedure ends if you used it in time (§ 59.1-207.16). | |
State laws read by Radif Partners · Editorial policy · Method and sources
Eighteen months, no mileage cap
Virginia measures its rights period in time only: 18 months from delivery, whatever the miles. A high-mileage driver who would be outside a 12,000-mile or 18,000-mile limit in another state keeps the Virginia protection.
The manufacturer program is optional in Virginia, and using it extends the time to sue by up to 12 months after it ends. An owner who expects to go to court can start with the program and keep the lawsuit as the next step.
Virginia also names lessees alongside buyers, so a leased car follows the same 18-month clock. Its text gives a separate one-attempt route for a serious safety defect, which the checker labels on its own line. The code is published by the Division of Legislative Services, linked below.
The Virginia lemon law at a glance
| Law | Va. Code §§ 59.1-207.9 to 59.1-207.16:1 |
| Protection period | 18 months |
| Repair attempts | 3 attempts on the same defect |
| Serious safety defect | 1 attempt for a serious safety defect |
| Days out of service | 30 calendar days |
| Written notice | Written notice to the manufacturer if the warranty or owner’s manual discloses it is required (§ 59.1-207.13). |
| Dispute step | Optional. Using the manufacturer’s procedure is your choice (§ 59.1-207.15). |
| Deadline | Lawsuit within the 18-month rights period, or 12 months after the manufacturer’s procedure ends if you used it in time (§ 59.1-207.16). |
| Use offset in a buyback | No formula in the text we read |
| Vehicles covered | Buyers and lessees, personal use. |
| Used cars | Not covered. |
| State page | no agency page |
| Level of reading | read in the statute |
From written notice to a decision
Certified mail, return receipt requested.
Earliest decisionbetween Oct 16, 2026 and Nov 25, 2026
1. Done · milestone
Written notice reaches the manufacturer
Oct 16, 2026
Written notice to the manufacturer if the warranty or owner’s manual discloses it is required (§ 59.1-207.13).
Va. Code §§ 59.1-207.9 to 59.1-207.16:12. Done · milestone
Final repair attempt
Oct 16, 2026
No fixed number of days for this step in the Virginia text we read.
3. In progress · 0 day – 6 weeks
Dispute program decides
Oct 16, 2026 – Nov 25, 2026
A program that follows 16 CFR Part 703 must decide within 40 days of receiving your dispute. Using the manufacturer’s procedure is your choice (§ 59.1-207.15).
16 CFR 703.5(d)4. Upcoming · milestone
Accept, refuse or go further
Oct 16, 2026 – Nov 25, 2026
Lawsuit within the 18-month rights period, or 12 months after the manufacturer’s procedure ends if you used it in time (§ 59.1-207.16).