What Is the Lemon Law in Virginia for Used Cars?

Buying a used car can be a stressful experience, especially if the vehicle turns out to have serious defects. Many consumers wonder if Virginia’s Lemon Law can protect them when they purchase a used car that has persistent problems. While Virginia does have a Lemon Law, its protections primarily apply to new vehicles and offer limited coverage for used cars. However, consumers still have legal remedies under other state and federal laws.

In this article, we’ll explore Virginia’s Lemon Law, whether it applies to used cars, and what legal options are available to used car buyers who end up with a defective vehicle.

What Is Virginia’s Lemon Law?

Virginia’s Motor Vehicle Warranty Enforcement Act, commonly known as the Virginia Lemon Law (Code of Virginia § 59.1-207.9 – § 59.1-207.16), is designed to protect consumers who purchase new vehicles that have significant defects affecting their safety, use, or value.

Under this law, if a manufacturer cannot repair a defect after a reasonable number of attempts, the buyer may be entitled to a refund or replacement vehicle.

Does Virginia’s Lemon Law Cover Used Cars?

Virginia’s Lemon Law does not generally apply to used cars. The law is intended to protect new car buyers, and it specifically applies to vehicles that:

• Were purchased new and still covered by the manufacturer’s original warranty.
• Have a significant defect that substantially impairs their use, safety, or value.
• Have undergone multiple repair attempts without a successful fix.

However, in limited cases, a used car might qualify under Virginia’s Lemon Law if:

1. The vehicle is still covered by the original manufacturer’s warranty. If the defect is discovered while the car is still under the original factory warranty, the Lemon Law may apply.
2. The defect was reported while the vehicle was under warranty. If the issue was first reported when the car was new and under warranty, but the defect persists after resale, the new owner may still be covered.

In most cases, once a vehicle is sold as used, Virginia’s Lemon Law no longer applies. However, other consumer protection laws can help buyers of defective used cars.

Legal Protections for Used Car Buyers in Virginia

Even though Virginia’s Lemon Law does not typically cover used cars, consumers still have legal rights under other state and federal laws.

1. Virginia’s “Implied Warranties” Laws

In Virginia, used cars may come with implied warranties, which are legal guarantees that a vehicle is fit for driving.

The two main implied warranties are:

• Warranty of Merchantability – This means the car must be in safe and operable condition when sold. If the car has serious mechanical problems right after purchase, this warranty may apply.
• Warranty of Fitness for a Particular Purpose – If the dealer recommends a specific car for a buyer’s needs, and the car fails to meet those needs, the dealer may be liable.

However, dealers can sell cars “as is,” which waives these warranties. If a used car is sold “as is,” the buyer usually has no legal recourse for defects unless the dealer misrepresented the vehicle’s condition.

2. Virginia’s Used Car Warranty Laws

Virginia law requires written warranties in some cases:

• If a dealer offers a warranty, they must honor its terms.
• If the car is sold with a dealer’s guarantee, the dealer must make necessary repairs.

If a dealer refuses to honor a written warranty, the buyer may have legal grounds for a lawsuit.

3. Virginia’s Consumer Protection Act (VCPA)

The Virginia Consumer Protection Act (VCPA) (§ 59.1-196 – § 59.1-207) prohibits fraudulent and deceptive practices in business transactions, including used car sales.

Under the VCPA, dealers cannot:

• Misrepresent a vehicle’s condition, history, or mileage.
• Sell a car without disclosing prior accidents, flood damage, or salvage titles.
• Engage in odometer fraud (rolling back mileage).

If a dealer violates the VCPA, the buyer may be entitled to:
✔ A refund or replacement vehicle.
✔ Compensation for damages caused by the fraudulent sale.
✔ Triple damages if the dealer acted knowingly and willfully.

4. Federal Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a federal law that protects consumers from misleading warranties. If a used car comes with a written dealer warranty or extended warranty, the dealer must honor it.

If the dealer refuses to make necessary repairs as promised, the buyer may be able to sue under this law.

5. Virginia Title and Odometer Fraud Protections

If a dealer sells a car with a defective title or falsifies odometer readings, the buyer may have legal recourse.

🚨 Title Fraud Protections:

• A seller must disclose if a vehicle has a salvage, rebuilt, or flood title.
• If the title information is hidden, the buyer can sue for damages.

🚨 Odometer Fraud Protections:

• Altering or rolling back an odometer is illegal under both Virginia and federal law.
• Buyers who fall victim to odometer fraud can sue for damages.

What to Do If You Buy a Defective Used Car in Virginia

If you purchase a used car in Virginia and later discover that it has serious mechanical defects, here’s what you can do:

1. Check for Warranty Coverage

• If the vehicle is still under the manufacturer’s warranty, you may be able to get repairs through the manufacturer.
• If the dealer sold the car with a written warranty, demand repairs under that warranty.

2. File a Complaint with the Virginia Attorney General

• If the dealer misrepresented the vehicle’s condition, file a complaint with the Virginia Attorney General’s Consumer Protection Division.

3. File a Complaint with the DMV

• If the dealer sold the car with a title issue or odometer fraud, report them to the Virginia Department of Motor Vehicles (DMV).

4. Sue the Dealer Under VCPA

• If the dealer violated the Virginia Consumer Protection Act, you may be able to sue for damages.

5. Consider Small Claims Court

• If the dispute involves $5,000 or less, you can sue the dealer in Virginia Small Claims Court without hiring an attorney.

How to Avoid Buying a Lemon Used Car in Virginia

To protect yourself from buying a defective used car, follow these tips:

✔ Buy from a reputable dealer – Check reviews and complaints with the Better Business Bureau (BBB).
✔ Get a vehicle history report – Use Carfax or AutoCheck to check for accidents, title issues, and past ownership.
✔ Inspect the car with a mechanic – Have a trusted mechanic conduct a pre-purchase inspection.
✔ Avoid “as-is” sales – If possible, buy a used car with a warranty for extra protection.
✔ Check for recalls – Use the National Highway Traffic Safety Administration (NHTSA) website to check for open recalls.

Final Thoughts

Virginia’s Lemon Law does not generally cover used cars, but buyers still have protection under state and federal consumer protection laws. If you unknowingly buy a defective vehicle, legal options are available to hold the seller accountable. Always research before purchasing and take steps to protect yourself from fraud or misrepresentation.