Important Virginia Lemon Law Deadlines
Virginia car customers can seek relief from a defective warrantied vehicle through two separate laws: the Virginia state lemon law and the federal Magnuson-Moss Warranty Act.
Both state lemon law and the Magnuson-Moss Warranty Act protect consumers who unknowingly purchase defective vehicles, known as “lemons,” and compensate them for their losses. There are certain limitations, however, regarding whom the laws assist and the time period covered. Knowing which law to use when seeking relief can help your case resolve efficiently and fairly.
The Virginia lemon law establishes a “lemon law rights period” ending 18 months after the date of the vehicle’s original delivery to the consumer. Consumers in Virginia must file a state lemon law complaint within that period. For example, if a consumer buys a new, warrantied vehicle and it develops a problem one year later, the consumer has six months to file a complaint. Importantly, a Virginia consumer should seek the assistance of a lemon law attorney to determine the time remaining, if any, to file a Florida state lemon law claim, and whether it makes good sense to do so in light of the underlying circumstances.
Think you have a lemon, click here to fill out a 60 second form.
The federal Magnuson-Moss Warranty Act of 1974 borrows the statute of limitations from the state in which the breach of warranty occurs. In the state of Virginia, breach of warranty claims for property damage follow the Uniform Commercial Code’s four-year statute of limitations. Therefore, the statute of limitations for federal Magnuson-Moss Warranty Act claims in Virginia is four years.
Because Magnuson-Moss is a federal law, it supersedes any state law and can be pursued even if the state lemon law’s technical requirements are not met. Furthermore, the Act provides the vehicle manufacturer shall pay the claimant’s attorneys’ fees if the claimant prevails against the manufacturer. Lemon law attorneys exist that will only collect attorneys’ fees if they succeed in obtaining a financial recovery for their clients.
Hiring a lawyer to assist in your lemon law case is a prudent decision. Lawyers act as both their client’s guide and advocate within the legal system. The law contains innumerable technicalities and pitfalls that may seem minor to a layperson, but can seriously and adversely affect a lemon law case if ignored. Courts do not go lightly on those who do not understand or follow standard legal rules and procedures.
If you bought a lemon car and cannot get any help from the manufacturer, don’t hesitate to reach out to a qualified lemon law attorney. They have the experience and expertise needed to get you the justice you deserve.