{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-207.13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-207.13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-207.13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-207.13.html"}],"law_id":77825,"edition_id":1,"section_id":77825,"structure_id":14923,"section_number":"59.1-207.13","catch_line":"Nonconformity of motor vehicles","history":"1984, c. 773; 1987, c. 607; 1988, c. 603; 1990, c. 772; 1998, c. 671; 2022, c. 411.","full_text":"A\n\nIf the manufacturer, its agents or authorized dealers do not conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts during the lemon law rights period, the manufacturer shall:1\n\nReplace the motor vehicle with a comparable motor vehicle acceptable to the consumer, or2\n\nAccept return of the motor vehicle and refund to the consumer, lessor, and any lienholder as their interest may appear the full contract price, including all collateral charges, incidental damages, less a reasonable allowance for the consumer&#8217;s use of the vehicle up to the date of the first notice of nonconformity that is given to the manufacturer, its agents or authorized dealer. Refunds or replacements shall be made to the consumer, lessor or lienholder, if any, as their interests may appear. The consumer shall have the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until he receives either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express warranty may be recovered by the consumer.A1\n\nIn the case of a replacement of or refund for a leased vehicle, in addition to any other damages provided in this chapter, the motor vehicle shall be returned to the manufacturer and the consumer&#8217;s written lease shall be terminated by the lessor without penalty to the consumer. The lessor shall transfer title to the manufacturer as necessary to effectuate the consumer&#8217;s rights pursuant to this chapter, whether the consumer chooses vehicle replacement or a refund.B\n\nIt shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the lemon law rights period either:1\n\nThe same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;2\n\nThe nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist; or3\n\nThe motor vehicle is out of service due to repair for a cumulative total of 30 calendar days, unless such repairs could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, including war, invasion, strike, fire, flood or other natural disasters.C\n\nThe lemon law rights period shall be extended if the manufacturer has been notified but the nonconformity has not been effectively repaired by the manufacturer, or its agent, by the expiration of the lemon law rights period.D\n\nThe manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner&#8217;s manual, that written notification of the nonconformity to the manufacturer is required before the consumer may be eligible for a refund or replacement of the vehicle under this chapter. The manufacturer shall include with the warranty or owner&#8217;s manual the name and address to which the consumer shall send such written notification.E\n\nIt shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of this section, to notify the manufacturer of the need for the correction or repair of the nonconformity, unless the manufacturer has been notified as defined in &#xA7; 59.1-207.11. If the manufacturer or factory representative has not been notified of the conditions set forth in subsection B and any of the conditions set forth in subsection B already exists, the manufacturer shall be given an additional opportunity, not to exceed 15 days, to correct or repair the nonconformity. If notification shall be mailed to an authorized dealer, the authorized dealer shall upon receipt forward such notification to the manufacturer.F\n\nNothing in this chapter shall be construed to limit or impair the rights and remedies of a consumer under any other law.G\n\nIt is an affirmative defense to any claim under this chapter that:1\n\nAn alleged nonconformity does not significantly impair the use, market value, or safety of the motor vehicle; or2\n\nA nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.","order_by":null,"text":{"0":{"id":279123,"text":"If the manufacturer, its agents or authorized dealers do not conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts during the lemon law rights period, the manufacturer shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":279124,"text":"Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer, or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":279125,"text":"Accept return of the motor vehicle and refund to the consumer, lessor, and any lienholder as their interest may appear the full contract price, including all collateral charges, incidental damages, less a reasonable allowance for the consumer&#8217;s use of the vehicle up to the date of the first notice of nonconformity that is given to the manufacturer, its agents or authorized dealer. Refunds or replacements shall be made to the consumer, lessor or lienholder, if any, as their interests may appear. The consumer shall have the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until he receives either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express warranty may be recovered by the consumer.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A1"},"3":{"id":279126,"text":"In the case of a replacement of or refund for a leased vehicle, in addition to any other damages provided in this chapter, the motor vehicle shall be returned to the manufacturer and the consumer&#8217;s written lease shall be terminated by the lessor without penalty to the consumer. The lessor shall transfer title to the manufacturer as necessary to effectuate the consumer&#8217;s rights pursuant to this chapter, whether the consumer chooses vehicle replacement or a refund.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":279127,"text":"It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the lemon law rights period either:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"B1"},"5":{"id":279128,"text":"The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":279129,"text":"The nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":279130,"text":"The motor vehicle is out of service due to repair for a cumulative total of 30 calendar days, unless such repairs could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, including war, invasion, strike, fire, flood or other natural disasters.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"8":{"id":279131,"text":"The lemon law rights period shall be extended if the manufacturer has been notified but the nonconformity has not been effectively repaired by the manufacturer, or its agent, by the expiration of the lemon law rights period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"9":{"id":279132,"text":"The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner&#8217;s manual, that written notification of the nonconformity to the manufacturer is required before the consumer may be eligible for a refund or replacement of the vehicle under this chapter. The manufacturer shall include with the warranty or owner&#8217;s manual the name and address to which the consumer shall send such written notification.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":279133,"text":"It shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of this section, to notify the manufacturer of the need for the correction or repair of the nonconformity, unless the manufacturer has been notified as defined in &#xA7; 59.1-207.11. If the manufacturer or factory representative has not been notified of the conditions set forth in subsection B and any of the conditions set forth in subsection B already exists, the manufacturer shall be given an additional opportunity, not to exceed 15 days, to correct or repair the nonconformity. If notification shall be mailed to an authorized dealer, the authorized dealer shall upon receipt forward such notification to the manufacturer.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":279134,"text":"Nothing in this chapter shall be construed to limit or impair the rights and remedies of a consumer under any other law.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":279135,"text":"It is an affirmative defense to any claim under this chapter that:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"13":{"id":279136,"text":"An alleged nonconformity does not significantly impair the use, market value, or safety of the motor vehicle; or","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"14":{"id":279137,"text":"A nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1"}},"ancestry":[{"id":14923,"edition_id":1,"name":"Motor Vehicle Warranty Enforcement Act","identifier":"17.3","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:50:49","date_modified":"2026-06-26 03:50:49","permalink":{"id":259877,"object_type":"structure","relational_id":14923,"identifier":"17.3","token":"59.1\/17.3","url":"\/59.1\/17.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73250,"structure_id":14923,"section_number":"59.1-207.10","catch_line":"Intent","url":"\/59.1-207.10\/","token":"59.1\/17.3\/59.1-207.10","metadata":false},{"id":56957,"structure_id":14923,"section_number":"59.1-207.11","catch_line":"Definitions","url":"\/59.1-207.11\/","token":"59.1\/17.3\/59.1-207.11","metadata":false},{"id":57765,"structure_id":14923,"section_number":"59.1-207.12","catch_line":"Conformity to all warranties","url":"\/59.1-207.12\/","token":"59.1\/17.3\/59.1-207.12","metadata":false},{"id":77825,"structure_id":14923,"section_number":"59.1-207.13","catch_line":"Nonconformity of motor vehicles","url":"\/59.1-207.13\/","token":"59.1\/17.3\/59.1-207.13","metadata":false},{"id":61176,"structure_id":14923,"section_number":"59.1-207.14","catch_line":"Action to enforce provisions of chapter","url":"\/59.1-207.14\/","token":"59.1\/17.3\/59.1-207.14","metadata":false},{"id":74065,"structure_id":14923,"section_number":"59.1-207.15","catch_line":"Informal dispute settlement procedure","url":"\/59.1-207.15\/","token":"59.1\/17.3\/59.1-207.15","metadata":false},{"id":57973,"structure_id":14923,"section_number":"59.1-207.16","catch_line":"Action to be brought within certain time","url":"\/59.1-207.16\/","token":"59.1\/17.3\/59.1-207.16","metadata":false},{"id":83652,"structure_id":14923,"section_number":"59.1-207.16:1","catch_line":"Disclosure of returned vehicles; penalty","url":"\/59.1-207.16_1\/","token":"59.1\/17.3\/59.1-207.16_1","metadata":false},{"id":83922,"structure_id":14923,"section_number":"59.1-207.9","catch_line":"Short title","url":"\/59.1-207.9\/","token":"59.1\/17.3\/59.1-207.9","metadata":false}],"previous_section":{"id":57765,"structure_id":14923,"section_number":"59.1-207.12","catch_line":"Conformity to all warranties","url":"\/59.1-207.12\/","token":"59.1\/17.3\/59.1-207.12","metadata":false},"next_section":{"id":61176,"structure_id":14923,"section_number":"59.1-207.14","catch_line":"Action to enforce provisions of chapter","url":"\/59.1-207.14\/","token":"59.1\/17.3\/59.1-207.14","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-207.13\/","history_text":"<p>This law was first created in 1984. The record of its establishment is cataloged in chapter 773 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1987, chapter 607; in 1988, chapter 603; in 1990, chapter 772; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0671\">671<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0411\">411<\/a>.<\/p>","references":false,"refers_to":[{"id":56957,"section_number":"59.1-207.11","catch_line":"Definitions","order_by":null,"url":"\/59.1-207.11\/"}],"permalink":{"id":259891,"object_type":"law","relational_id":77825,"identifier":"59.1-207.13","token":"59.1\/17.3\/59.1-207.13","url":"\/59.1-207.13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-207.13\/","token":"59.1\/17.3\/59.1-207.13","dublin_core":{"Title":"Nonconformity of motor vehicles","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-207.13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If the <span class=\"dictionary\">manufacturer<\/span>, its agents or authorized dealers do not conform the <span class=\"dictionary\">motor vehicle<\/span> to any applicable <span class=\"dictionary\">warranty<\/span> by repairing or correcting any defect or condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of the <span class=\"dictionary\">motor vehicle<\/span> to the <span class=\"dictionary\">consumer<\/span> after a reasonable number of attempts during the <span class=\"dictionary\">lemon law rights period<\/span>, the <span class=\"dictionary\">manufacturer<\/span> shall: <a id=\"paragraph-279123\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Replace the motor vehicle with a <span class=\"dictionary\">comparable motor vehicle<\/span> acceptable to the <span class=\"dictionary\">consumer<\/span>, or <a id=\"paragraph-279124\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Accept return of the motor vehicle and refund to the <span class=\"dictionary\">consumer<\/span>, lessor, and any <span class=\"dictionary\">lienholder<\/span> as their interest may appear the full <span class=\"dictionary\">contract<\/span> price, including all <span class=\"dictionary\">collateral charges<\/span>, incidental <span class=\"dictionary\">damages<\/span>, less a reasonable allowance for the <span class=\"dictionary\">consumer<\/span>&#8217;s use of the vehicle up to the date of the first notice of <span class=\"dictionary\">nonconformity<\/span> that is given to the <span class=\"dictionary\">manufacturer<\/span>, its agents or authorized dealer. Refunds or replacements shall be made to the <span class=\"dictionary\">consumer<\/span>, lessor or <span class=\"dictionary\">lienholder<\/span>, if any, as their interests may appear. The <span class=\"dictionary\">consumer<\/span> shall have the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until he receives either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express <span class=\"dictionary\">warranty<\/span> may be recovered by the <span class=\"dictionary\">consumer<\/span>. <a id=\"paragraph-279125\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\"><p><span class=\"prefix-number\">A1.<\/span> In the case of a replacement of or refund for a leased vehicle, in addition to any other <span class=\"dictionary\">damages<\/span> provided in this chapter, the motor vehicle shall be returned to the <span class=\"dictionary\">manufacturer<\/span> and the <span class=\"dictionary\">consumer<\/span>&#8217;s written lease shall be terminated by the lessor without <span class=\"dictionary\">penalty<\/span> to the <span class=\"dictionary\">consumer<\/span>. The lessor shall transfer title to the <span class=\"dictionary\">manufacturer<\/span> as necessary to effectuate the <span class=\"dictionary\">consumer<\/span>&#8217;s rights pursuant to this chapter, whether the <span class=\"dictionary\">consumer<\/span> chooses vehicle replacement or a refund. <a id=\"paragraph-279126\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any <span class=\"dictionary\">warranty<\/span> and that the motor vehicle is significantly impaired if during the <span class=\"dictionary\">lemon law rights period<\/span> either: <a id=\"paragraph-279127\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The same <span class=\"dictionary\">nonconformity<\/span> has been subject to repair three or more times by the <span class=\"dictionary\">manufacturer<\/span>, its agents or its authorized dealers and the same <span class=\"dictionary\">nonconformity<\/span> continues to exist; <a id=\"paragraph-279128\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">nonconformity<\/span> is a <span class=\"dictionary\">serious safety defect<\/span> and has been subject to repair one or more times by the <span class=\"dictionary\">manufacturer<\/span>, its agent or its authorized dealer and the same <span class=\"dictionary\">nonconformity<\/span> continues to exist; or <a id=\"paragraph-279129\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The motor vehicle is out of service due to repair for a cumulative total of 30 calendar days, unless such repairs could not be performed because of conditions beyond the control of the <span class=\"dictionary\">manufacturer<\/span>, its agents or authorized dealers, including war, invasion, strike, fire, flood or other natural disasters. <a id=\"paragraph-279130\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">lemon law rights period<\/span> shall be extended if the <span class=\"dictionary\">manufacturer<\/span> has been notified but the <span class=\"dictionary\">nonconformity<\/span> has not been effectively repaired by the <span class=\"dictionary\">manufacturer<\/span>, or its agent, by the expiration of the <span class=\"dictionary\">lemon law rights period<\/span>. <a id=\"paragraph-279131\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">manufacturer<\/span> shall clearly and conspicuously disclose to the <span class=\"dictionary\">consumer<\/span>, in the <span class=\"dictionary\">warranty<\/span> or owner&#8217;s manual, that written <span class=\"dictionary\">notification<\/span> of the <span class=\"dictionary\">nonconformity<\/span> to the <span class=\"dictionary\">manufacturer<\/span> is required before the <span class=\"dictionary\">consumer<\/span> may be eligible for a refund or replacement of the vehicle under this chapter. The <span class=\"dictionary\">manufacturer<\/span> shall include with the <span class=\"dictionary\">warranty<\/span> or owner&#8217;s manual the name and address to which the <span class=\"dictionary\">consumer<\/span> shall send such written <span class=\"dictionary\">notification<\/span>. <a id=\"paragraph-279132\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> It shall be the responsibility of the <span class=\"dictionary\">consumer<\/span>, or his representative, prior to availing himself of the provisions of this section, to <span class=\"dictionary\">notify<\/span> the <span class=\"dictionary\">manufacturer<\/span> of the need for the correction or repair of the <span class=\"dictionary\">nonconformity<\/span>, unless the <span class=\"dictionary\">manufacturer<\/span> has been notified as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/59.1-207.11\/\">59.1-207.11<\/a>. If the <span class=\"dictionary\">manufacturer<\/span> or factory representative has not been notified of the conditions set forth in subsection B and any of the conditions set forth in subsection B already exists, the <span class=\"dictionary\">manufacturer<\/span> shall be given an additional opportunity, not to exceed 15 days, to correct or repair the <span class=\"dictionary\">nonconformity<\/span>. If <span class=\"dictionary\">notification<\/span> shall be mailed to an authorized dealer, the authorized dealer shall upon receipt forward such <span class=\"dictionary\">notification<\/span> to the <span class=\"dictionary\">manufacturer<\/span>. <a id=\"paragraph-279133\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Nothing in this chapter shall be construed to limit or impair the rights and remedies of a <span class=\"dictionary\">consumer<\/span> under any other law. <a id=\"paragraph-279134\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> It is an <span class=\"dictionary\">affirmative defense<\/span> to any claim under this chapter that: <a id=\"paragraph-279135\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> An alleged <span class=\"dictionary\">nonconformity<\/span> does not significantly impair the use, market value, or safety of the motor vehicle; or <a id=\"paragraph-279136\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#G1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A <span class=\"dictionary\">nonconformity<\/span> is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a <span class=\"dictionary\">consumer<\/span>. <a id=\"paragraph-279137\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-207.13\/#G2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nNONCONFORMITY OF MOTOR VEHICLES (\u00a7 59.1-207.13)\n\nA. If the manufacturer, its agents or authorized dealers do not conform the\nmotor vehicle to any applicable warranty by repairing or correcting any defect\nor condition, including those that do not affect the driveability of the\nvehicle, which significantly impairs the use, market value, or safety of the\nmotor vehicle to the consumer after a reasonable number of attempts during the\nlemon law rights period, the manufacturer shall:\n\n   1. Replace the motor vehicle with a comparable motor vehicle acceptable to the\n   consumer, or\n\n   2. Accept return of the motor vehicle and refund to the consumer, lessor, and\n   any lienholder as their interest may appear the full contract price, including\n   all collateral charges, incidental damages, less a reasonable allowance for\n   the consumer&#8217;s use of the vehicle up to the date of the first notice of\n   nonconformity that is given to the manufacturer, its agents or authorized\n   dealer. Refunds or replacements shall be made to the consumer, lessor or\n   lienholder, if any, as their interests may appear. The consumer shall have the\n   unconditional right to choose a refund rather than a replacement vehicle and\n   to drive the motor vehicle until he receives either the replacement vehicle or\n   the refund. The subtraction of a reasonable allowance for use shall apply to\n   either a replacement or refund of the motor vehicle. Mileage, expenses, and\n   reasonable loss of use necessitated by attempts to conform such motor vehicle\n   to the express warranty may be recovered by the consumer.\n\nA1. In the case of a replacement of or refund for a leased vehicle, in addition\nto any other damages provided in this chapter, the motor vehicle shall be\nreturned to the manufacturer and the consumer&#8217;s written lease shall be\nterminated by the lessor without penalty to the consumer. The lessor shall\ntransfer title to the manufacturer as necessary to effectuate the\nconsumer&#8217;s rights pursuant to this chapter, whether the consumer chooses\nvehicle replacement or a refund.\n\nB. It shall be presumed that a reasonable number of attempts have been\nundertaken to conform a motor vehicle to any warranty and that the motor vehicle\nis significantly impaired if during the lemon law rights period either:\n\n   1. The same nonconformity has been subject to repair three or more times by\n   the manufacturer, its agents or its authorized dealers and the same\n   nonconformity continues to exist;\n\n   2. The nonconformity is a serious safety defect and has been subject to repair\n   one or more times by the manufacturer, its agent or its authorized dealer and\n   the same nonconformity continues to exist; or\n\n   3. The motor vehicle is out of service due to repair for a cumulative total of\n   30 calendar days, unless such repairs could not be performed because of\n   conditions beyond the control of the manufacturer, its agents or authorized\n   dealers, including war, invasion, strike, fire, flood or other natural\n   disasters.\n\nC. The lemon law rights period shall be extended if the manufacturer has been\nnotified but the nonconformity has not been effectively repaired by the\nmanufacturer, or its agent, by the expiration of the lemon law rights period.\n\nD. The manufacturer shall clearly and conspicuously disclose to the consumer, in\nthe warranty or owner&#8217;s manual, that written notification of the\nnonconformity to the manufacturer is required before the consumer may be\neligible for a refund or replacement of the vehicle under this chapter. The\nmanufacturer shall include with the warranty or owner&#8217;s manual the name\nand address to which the consumer shall send such written notification.\n\nE. It shall be the responsibility of the consumer, or his representative, prior\nto availing himself of the provisions of this section, to notify the\nmanufacturer of the need for the correction or repair of the nonconformity,\nunless the manufacturer has been notified as defined in &#xA7; 59.1-207.11. If\nthe manufacturer or factory representative has not been notified of the\nconditions set forth in subsection B and any of the conditions set forth in\nsubsection B already exists, the manufacturer shall be given an additional\nopportunity, not to exceed 15 days, to correct or repair the nonconformity. If\nnotification shall be mailed to an authorized dealer, the authorized dealer\nshall upon receipt forward such notification to the manufacturer.\n\nF. Nothing in this chapter shall be construed to limit or impair the rights and\nremedies of a consumer under any other law.\n\nG. It is an affirmative defense to any claim under this chapter that:\n\n   1. An alleged nonconformity does not significantly impair the use, market\n   value, or safety of the motor vehicle; or\n\n   2. A nonconformity is the result of abuse, neglect or unauthorized\n   modification or alteration of a motor vehicle by a consumer.\n\nHISTORY: 1984, c. 773; 1987, c. 607; 1988, c. 603; 1990, c. 772; 1998, c. 671;\n2022, c. 411.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}