Lemon Law Resources

Browse Resources

Articles

Take Action

Read the Law:

Virginia Statutes -Title 59.1, Chapter 17.3, §59.1-207.9 - §59.1-207.16

Government Links:

Virginia

Motorcycle Lemon Law in Virginia

Virginia Lemon Law covers new motorcycles that are purchased in Virginia. In order to be considered a "lemon," the motorcycle must meet the following requirements:

Does not conform to the manufacturer's express warranty
Has substantial defects affecting the use, safety or value of the motorcycle
Has manufacturer's defects that occurred during the first 18 months from the delivery date
Has been taken in three times for the same problem or has been out of service for a cumulative total of 30 calendar days
If the problem is a serious safety defect, it has been taken in one time for repair
The manufacturer or dealer has been notified in writing of the defect within 18 months from the delivery date and has been given one final opportunity to fix the problem
The motorcycle is used for personal, family, or household purposes

Under Virginia Lemon Law, within 18 months of the delivery date of the motorcycle, you must notify the manufacturer or dealer in writing of the problem, and they have 15 days to make one final repair attempt. Sample demand letter.

You may also participate in the manufacturer's informal dispute resolution process (if one exists) before filing a Lemon Law claim in court, but it is your choice. If you participate in the manufacturer's arbitration program and you win, the manufacturer has 40 days from your acceptance of the decision to comply. If the manufacturer doesn't comply, the court can award you triple the damages.

If you participate and arbitration, you can still file a lawsuit in court. According to the law, you have one year from the manufacturer's final action to file suit.

Virginia Lemon Law provides several options for a successful Lemon Law claimant. First, you may be awarded a replacement motorcycle of the same year, make, and model. You may also qualify for a monetary award, which can include:

The full purchase price
Sales tax
License fees
Registration fees
Title fees
Finance charges and interest
Transportation charges
Dealer preparation charges
Service contracts
Undercoating
Rust-proofing
Installed options
Attorney's fees

The amount of the monetary reward may be reduced by a deduction for your use of the motorcycle, which can't exceed one-half of the amount allowed per mile by the Internal Revenue Service, plus any damage beyond normal wear and tear.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.

New Car Topics
(click plus icon to expand information)

Used Car Topics
(click plus icon to expand information)