                                 CODE OF VIRGINIA

NONCONFORMITY OF MOTOR VEHICLES (§ 59.1-207.13)

A. 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:

   1. Replace the motor vehicle with a comparable motor vehicle acceptable to the
   consumer, or

   2. 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.

A1. 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.

B. 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:

   1. 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;

   2. 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

   3. 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.

C. 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.

D. 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.

E. 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.

F. Nothing in this chapter shall be construed to limit or impair the rights and
remedies of a consumer under any other law.

G. It is an affirmative defense to any claim under this chapter that:

   1. An alleged nonconformity does not significantly impair the use, market
   value, or safety of the motor vehicle; or

   2. A nonconformity is the result of abuse, neglect or unauthorized
   modification or alteration of a motor vehicle by a consumer.

HISTORY: 1984, c. 773; 1987, c. 607; 1988, c. 603; 1990, c. 772; 1998, c. 671;
2022, c. 411.