State lemon law · checked October 23, 2026

Virginia lemon law

Verified against the statute / official state publicationVa. Code §§59.1-207.9–59.1-207.17 (Motor Vehicle Warranty Enforcement Act)

The short version

18 months is the whole game: presumption, notice, and filing all live inside it.
One attempt at a serious safety defect is enough.
The deduction is capped at half the IRS mileage rate — the only IRS-linked formula in the country.

Run your repair log for Virginia

The presumption — Virginia's numbers

Presumption window	Virginia's lemon law rights period is 18 months following original delivery.
Same defect	3+ repair attempts
Safety defect	1+ attempt(s) — A serious safety defect — life-threatening, impeding control of the vehicle, or creating a fire/explosion risk: 1 attempt.
Days out of service	30+ calendar days

The presumption is the set of numbers that shifts the burden to the manufacturer. A claim can exist outside the presumption — it is a shortcut, not the whole road. Read why.

The buyback — Virginia's formula

The reasonable allowance for use is CAPPED at one-half the IRS standard mileage rate, figured on miles driven up to the date of first notice of the defect. We compute it at the 2025 IRS rate of $0.70/mile — half is $0.35/mile — the latest published rate at the time this page was checked.

Notice and procedure

Written notification of the nonconformity to the manufacturer is required before you may be eligible for a refund or replacement; the manufacturer must print the address in the warranty or owner's manual.

Dispute route: Informal dispute resolution must be started inside the 18-month period to preserve the extended suit window.

Attorney's fees: Virginia provides attorney's fees to a prevailing consumer.

Your deadline

Legal action or a request for informal dispute resolution must be initiated within the 18-month lemon law rights period. If you used the dispute procedure inside the period, a later suit gets the longer of 12 months from the manufacturer's final action or the original period.

Who and what is covered

New vehicles	Covered
Leased vehicles	Covered
Used vehicles	Covered in defined situations — see notes
Motorcycles	Covered
RV / motor home	Covered — chassis / powertrain only

Motorcycles are covered in Virginia; EVs and hybrids are fully covered.
You have an unconditional right to choose a refund over a replacement, and may keep driving the vehicle until the refund or replacement is provided.

Included in the $39 Lemon Verdict Pack

Your repair-log tracker, the Virginia notice letter, the buyback worksheet on Virginia's formula, and your deadline calendar.

See the Lemon Verdict Pack

Sources

Va. Code §59.1-207.13 (presumption + rights period)
Va. Code §59.1-207.12 (remedies + offset cap)
Fairfax County Consumer Affairs, VA Lemon Law guidance

Checked October 23, 2026. Laws change; if your claim is close to a line, verify the current statute or ask a lawyer in Virginia. This page is information, not legal advice.