59.1-207.13 - Nonconformity of motor vehicles.
§ 59.1-207.13. Nonconformity of motor vehicles.
A. If the manufacturer, its agents or authorized dealers do not conform themotor vehicle to any applicable warranty by repairing or correcting anydefect or condition, including those that do not affect the driveability ofthe vehicle, which significantly impairs the use, market value, or safety ofthe motor vehicle to the consumer after a reasonable number of attemptsduring the lemon law rights period, the manufacturer shall:
1. Replace the motor vehicle with a comparable motor vehicle acceptable tothe consumer, or
2. Accept return of the motor vehicle and refund to the consumer, lessor, andany lienholder as their interest may appear the full contract price,including all collateral charges, incidental damages, less a reasonableallowance for the consumer's use of the vehicle up to the date of the firstnotice of nonconformity that is given to the manufacturer, its agents orauthorized dealer. Refunds or replacements shall be made to the consumer,lessor or lienholder, if any, as their interests may appear. The consumershall have the unconditional right to choose a refund rather than areplacement vehicle and to drive the motor vehicle until he receives eitherthe replacement vehicle or the refund. The subtraction of a reasonableallowance for use shall apply to either a replacement or refund of the motorvehicle. Mileage, expenses, and reasonable loss of use necessitated byattempts to conform such motor vehicle to the express warranty may berecovered by the consumer.
A1. In the case of a replacement of or refund for a leased vehicle, inaddition to any other damages provided in this chapter, the motor vehicleshall be returned to the manufacturer and the consumer's written lease shallbe terminated by the lessor without penalty to the consumer. The lessor shalltransfer title to the manufacturer as necessary to effectuate the consumer'srights pursuant to this chapter, whether the consumer chooses vehiclereplacement or a refund.
B. It shall be presumed that a reasonable number of attempts have beenundertaken to conform a motor vehicle to any warranty and that the motorvehicle is significantly impaired if during the period of eighteen monthsfollowing the date of original delivery of the motor vehicle to the consumereither:
1. The same nonconformity has been subject to repair three or more times bythe manufacturer, its agents or its authorized dealers and the samenonconformity continues to exist;
2. The nonconformity is a serious safety defect and has been subject torepair one or more times by the manufacturer, its agent or its authorizeddealer and the same nonconformity continues to exist; or
3. The motor vehicle is out of service due to repair for a cumulative totalof thirty calendar days, unless such repairs could not be performed becauseof conditions beyond the control of the manufacturer, its agents orauthorized dealers, including war, invasion, strike, fire, flood or othernatural disasters.
C. The lemon law rights period shall be extended if the manufacturer has beennotified but the nonconformity has not been effectively repaired by themanufacturer, 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's manual, that written notification of thenonconformity to the manufacturer is required before the consumer may beeligible for a refund or replacement of the vehicle under this chapter. Themanufacturer shall include with the warranty or owner's manual the name andaddress 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 themanufacturer of the need for the correction or repair of the nonconformity,unless the manufacturer has been notified as defined in § 59.1-207.11. If themanufacturer or factory representative has not been notified of theconditions set forth in subsection B of this section and any of theconditions set forth in subsection B of this section already exists, themanufacturer shall be given an additional opportunity, not to exceed fifteendays, to correct or repair the nonconformity. If notification shall be mailedto an authorized dealer, the authorized dealer shall upon receipt forwardsuch notification to the manufacturer.
F. Nothing in this chapter shall be construed to limit or impair the rightsand 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, marketvalue, or safety of the motor vehicle; or
2. A nonconformity is the result of abuse, neglect or unauthorizedmodification or alteration of a motor vehicle by a consumer.
(1984, c. 773; 1987, c. 607; 1988, c. 603; 1990, c. 772; 1998, c. 671.)