Legal Question in Consumer Law in Virginia

I recently brought a used vehicle from a local dealership. The dealership gave me a 30day warranty on my vehicle. During my 30 days my car has been back and forth seven times in the service department to get fixed for this one thing. They keep fixing everything but what is really wrong with the vehicle(atleast that is what they are telling me) Everytime I get it fixed at the dealership, I leave the dealership and find out that I am still experiencing the same problem I had when I took it to the dealership to get fixed. Now my 30 days is up and my car has been in the service department for over a week. Do I have a case against the dealership? If I do.can I use the Lemon Law towards this dealership since my vehicle is used?


Asked on 10/19/09, 9:11 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, Virginia "Lemon Law" applies only to vehicles purchased new.

As for whether this dealership may be in violation of its warranty guarantees, such an assessment would appear premature in light of the fact that the covered vehicle is still in the shop, apparently, undergoing repairs to fix the problems alleged.

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Answered on 10/24/09, 11:23 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

The state lemon law will not apply, but the federal lemon law (Magnuson Moss Act) may. The state lemon law applies to some used vehicles but not yours.

You should consider consulting an attorney to review your warranty and documents.

You should also check the title history and run a CARFAX (carfax.com). A thorough investigation may reveal a fraud, Truth in Lending, repair facilities act, odometer or other claim.

Good luck.

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Answered on 10/25/09, 10:18 am


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