What Is the Lemon Law in Virginia for Used Cars

Virginia's lemon law, officially known as the Motor Vehicle Warranty Enforcement Act, establishes protections primarily for new motor vehicles, but used vehicles may qualify for coverage under certain circumstances. The lemon law rights period runs for 18 months after the original delivery date of a motor vehicle to a consumer. Eligible vehicles include passenger cars, pickup or panel trucks, motorcycles, autocycles, self-propelled motorized chassis of motor homes, and mopeds, as defined in Virginia Code Section 46.2-100, as well as demonstrator or leased vehicles for which a warranty was issued.

Used vehicle protection under Virginia's lemon law becomes available when a used car still meets the definition of a vehicle under an applicable warranty, and the vehicle exhibits nonconformities—defects or conditions significantly impairing use, market value, or safety—that the manufacturer cannot effectively repair after reasonable attempts during the warranty term.

What Protections Do Used Car Buyers Have in Virginia?

Purchasers of used vehicles in Virginia benefit from consumer protection from federal statute, state warranty law, and dealer regulation when the vehicle remains under an applicable warranty.

Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act grants federal remedies to consumers who receive written warranties on used motor vehicles from dealers or manufacturers.

Under this federal protection mechanism:

• Consumers may seek compensation for damages, attorney fees, and expert witness costs when manufacturers or dealers breach express warranty obligations
• Consumers may recover costs when manufacturers or dealers violate implied warranty rights
• The Act preserves implied warranty standards even when transactions include "as is" language
• Sellers cannot eliminate consumer protections through "as is" designations under this federal statute

FTC Used Car Rule Requirements

The Federal Trade Commission's Used Car Rule compels dealers to display a Buyer's Guide before any used vehicle sale takes effect. This disclosure mechanism:

• Must communicate whether warranty coverage accompanies the purchase or the transaction occurs without manufacturer or dealer protection
• Must identify the particular systems included in any warranty and the duration of that protection
• Must specify what percentage of repair bills the dealer assumes under warranty conditions
• Must direct purchasers toward independent inspection services and vehicle history documentation resources

Virginia Motor Vehicle Warranty Enforcement Act

Virginia's Motor Vehicle Warranty Enforcement Act extends beyond new vehicles to cover used cars still under the original manufacturer's warranty or meeting other applicable warranty conditions. Consumers may pursue a refund or comparable replacement vehicle if the manufacturer cannot correct a nonconformity after reasonable repair attempts during the lemon law rights period. The law is enforceable through private legal action brought by the consumer, not through governmental agency enforcement.

Understanding "As Is" Sales in Virginia

Virginia law permits dealers to sell used vehicles "as is," though statutory disclosure requirements constrain this practice. Section 46.2-1529.1 of the Virginia Code establishes specific procedures dealers must follow when offering vehicles "as is."

What "As Is" Means for Buyers

When a used vehicle is designated "as is," express warranties are disclaimed by the dealer, and the buyer assumes financial responsibility for all mechanical, electrical, and structural defects discovered after purchase completion. The dealer incurs no obligation to repair post-sale defects or issues. Implied warranties of merchantability generally do not apply when a vehicle is sold "as is," except where federal law or specific statutory exceptions apply.

Limited Dealer Disclosure Requirements

Virginia dealers must provide written disclosure prior to sale if offering a vehicle "as is" to exclude all warranties. This written disclosure must clearly explain the effect of an "as is" sale. Additionally, federal law requires dealers to display the FTC Buyer's Guide on all used vehicles, which must accurately indicate whether the vehicle is offered "as is" or with warranty protection. Dealers cannot use "as is" language to avoid federal disclosure requirements or to circumvent compliance with the FTC Used Car Rule. All warranty terms offered by dealers must be provided in writing before transaction completion.

The 30-Day Cancellation Right

If a dealer fails to provide the required "as is" disclosure or the fully completed Buyer's Guide before the sale, the buyer may cancel the purchase within 30 days of the transaction. Upon cancellation, the buyer has the right to return the vehicle to the dealer and receive a full refund of all payments made toward the purchase, subject to two deductions:

• Any damage to the vehicle that occurred while the buyer owned it (beyond normal wear and tear)
• A reasonable allowance for the buyer's use of the vehicle, not to exceed one-half the amount allowed per mile by the Internal Revenue Service for business use of a personal vehicle

This 30-day cancellation right provides a critical safety valve when dealers fail to comply with Virginia's disclosure mandates. Notice of this cancellation right must be included as part of every "as is" or express-warranty disclosure.

Limited Exceptions to "As Is" Sales

Despite "as is" designations, Virginia courts recognize that remedies may exist when dealers engage in prohibited conduct:

Fraudulent Conduct or Misrepresentation

• Dealers intentionally conceal known defects from buyers
• Dealers make false or misleading statements about mechanical condition or vehicle history
• Dealers fail to disclose material defects known at the time of sale
• Dealers make representations about the vehicle's suitability or capabilities that prove false

Violations of Statutory Disclosure Requirements

• Dealers fail to provide the required written disclosure concerning "as is" sales
• Dealers provide inaccurate or incomplete information on the Buyer's Guide
• Dealers misrepresent warranty status or coverage terms
• Dealers provide false odometer readings or title information

Breach of Federal Consumer Protection Laws

• Dealer conduct violates requirements of the FTC Used Car Rule
• Dealers engage in deceptive trade practices in violation of Virginia consumer protection statutes
• Dealers breach representations made regarding the vehicle's condition or performance

When such circumstances occur, buyers retain the right to pursue legal remedies and seek damages notwithstanding an "as is" sales agreement.

Filing a Consumer Complaint

Consumers experiencing disputes with vehicle manufacturers or dealers in Virginia may pursue claims through the Office of the Attorney General of Virginia:

Office of the Attorney General of Virginia
Consumer Protection Unit
202 North 9th Street, Richmond, Virginia 23219
Phone: (804) 786-2042
Official Website: Consumer Protection Unit