When you spend good money on a new vehicle in Virginia, the last thing you expect is to deal with ongoing repairs and safety concerns. That’s where Virginia’s lemon law steps in to protect you from defective vehicles that just don’t work the way they should. But like most legal protections, these rights don’t last forever. So, is there a time limit to file a lemon law claim in Virginia?
The short answer is yes, and knowing these deadlines could make or break your case. Below, we break it all down so you understand exactly what to expect and when to take action.
Understanding Virginia’s Lemon Law
Virginia’s lemon law is officially known as the Virginia Motor Vehicle Warranty Enforcement Act. It was created to give consumers a legal remedy when they purchase or lease a new vehicle that turns out to have serious defects.
The law applies to most new:
- Passenger cars
- Pickup trucks weighing 7,500 pounds or less
- SUVs
- Motorcycles
- Leased vehicles that were accompanied by a warranty
If the vehicle has a major issue that affects its use, value, or safety (and the manufacturer fails to fix it within a reasonable number of attempts) you may qualify for a refund or a replacement.
What Is a Lemon Law Claim?
A lemon law claim is a legal request for compensation based on a defective vehicle. To qualify, the following conditions generally must be met:
- The issue began within a specific time period (we’ll get to that next)
- The defect wasn’t fixed after at least three repair attempts
- The vehicle was out of service for a significant amount of time (typically 30 days or more in a year)
- The manufacturer was notified and given a final chance to repair the issue
Filing a lemon law claim means documenting your case, meeting legal deadlines, and sometimes negotiating or even filing a lawsuit to enforce your rights.
The 18-Month Filing Window
Under Virginia’s Lemon Law, you must file your claim within 18 months of the date when you first received the vehicle. This 18-month period is sometimes called the “presumption period,” because defects that arise during this window are presumed to qualify for relief under the law.
Key requirements for your claim:
- Defect onset: The problem must first manifest within 18 months of the vehicle’s delivery to you (or to the original owner).
- Filing your claim: If your vehicle’s manufacturer participates in the BBB Auto Line Program, you must first submit your formal lemon law claim there. If they do not participate, submit your form to the Office of the Attorney General of Virginia.
- Repair attempts: During that same period, you must allow the manufacturer or dealer a reasonable number of chances (typically at least three) to repair the defect.
- Documentation: Keep detailed records of each service visit, repair invoice, and any time your vehicle was out of service.
If you wait until after the 18-month window, you may lose your right to pursue a lemon law claim under Virginia law, even if your car is still in the shop or covered by warranty.
What Happens If You Miss the Deadline?
Unfortunately, missing the 18-month lemon law deadline in Virginia can limit your options under the state’s specific lemon law statute. In most cases, once this window closes, you can no longer seek a refund or replacement vehicle through Virginia’s lemon law process. However, that doesn’t mean you're out of options.
There are still several legal avenues you may be able to explore, depending on the circumstances of your case:
1. Federal Magnuson-Moss Warranty Act Claims
Even if your claim falls outside Virginia’s lemon law deadline, you may still be protected under the Magnuson-Moss Warranty Act, a federal law that applies to any product covered by a written warranty, including vehicles.
Here’s how this law may help:
- It allows consumers to sue for breach of warranty, even if the state lemon law doesn’t apply.
- You may be entitled to compensation for repairs, diminished value, or even attorney’s fees if the manufacturer failed to honor its warranty obligations.
- There’s generally a 4-year statute of limitations under this law, offering a longer window than Virginia’s lemon law.
While it doesn’t guarantee a buyback or replacement like the state lemon law, it can still lead to meaningful compensation, especially when supported by strong documentation.
2. Fraud or Misrepresentation Lawsuits
If you suspect the dealership or manufacturer intentionally hid known problems or made false claims about the vehicle’s condition, you may be able to file a fraud or misrepresentation lawsuit.
This route can be especially powerful in cases involving:
- Used vehicles sold with undisclosed damage or recurring mechanical issues
- Certified pre-owned (CPO) vehicles that failed to meet advertised standards
- Odometer fraud, title washing, or failure to disclose lemon history
Fraud claims require clear evidence that the seller knew of the defect and failed to disclose it, but if proven, these cases can result in damages that go beyond the cost of repairs, sometimes including punitive damages.
3. Breach of Contract or Breach of Implied Warranty
Even outside of lemon law and federal warranty protections, you may be able to bring a claim for breach of contract or breach of the implied warranty of merchantability, especially if the car simply doesn’t do what it’s supposed to do (i.e., operate safely and reliably).
These claims may apply when:
- The vehicle is unfit for ordinary use, despite being sold as functional
- The seller or dealer promised certain conditions that were not met
- The contract includes warranty language that has been violated
The time limits on these claims vary, but they often extend up to four years from the date of purchase or breach, providing another possible path for compensation.
Bottom line? Just because you missed Virginia’s lemon law filing window doesn’t mean you have to accept a defective car. The right legal strategy depends on your vehicle’s history, your documentation, and how the manufacturer or seller handled your complaint.
If your car continues to have problems, speak with an experienced lemon law attorney as soon as possible. A lawyer can evaluate your situation and help you explore all available legal options whether under state law, federal law, or general consumer protection statutes.
Talk to a Virginia Lemon Law Lawyer Early
If your vehicle keeps having the same problems, or has spent weeks in the shop, it’s time to talk to a Virginia lemon law lawyer.
Here’s how we help:
- Review your records to confirm your case falls within time limits
- Explain your options under Virginia and federal laws
- Handle communication with the manufacturer or dealership
- Build a strong claim that supports your right to a refund or replacement
At James B. Feinman, Attorney at Law, we’ve helped drivers across Virginia understand and assert their lemon law rights. Don’t wait until it’s too late. Reach out now to protect your case.
FAQ: Lemon Law Time Limits in Virginia
How long do I have to file a lemon law claim in Virginia?
You must report the defect within 18 months of the vehicle’s original delivery date.
What if I bought the car used?
Used vehicles are not automatically covered unless they’re still under the original manufacturer’s warranty and the defect appeared within 18 months of the vehicle’s first delivery.
Can I still file if the dealership kept saying it would fix the issue?
Maybe. If the delay was caused by the manufacturer or dealer, you may be able to argue for an extension. Talk to a lawyer right away.
Don’t Wait Until It’s Too Late. Talk to a Virginia Lemon Law Attorney Today
Whether you’re still within the 18-month window or you’ve just realized your deadline may have passed, you still have legal options, and the sooner you act, the better. At James B. Feinman, Attorney at Law, we help Virginia drivers understand their rights and fight for real solutions, even when the lemon law clock has run out.
If your car keeps breaking down or the dealership keeps giving you the runaround, give us a call. We’ll review your case, explain your legal options under Virginia and federal law, and help you move forward with confidence.
Call 434-846-7603 or fill out our online contact form to get started. We represent clients in Lynchburg, Claremont, Farmers Fork, and throughout the state.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.