Virginia Used Car Return Laws

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    Lemon Law

    • The lemon law in the state of Virginia is called the Virginia Motor Vehicle Warranty Enforcement Act. While this law is not enforced by the government, it can be enforced by the private action of the consumer. A consumer has the right to return his car for a refund within 18 months if it has problems not disclosed by the seller. These problems may have led to the necessity for repairs or to the general annoyance and inconvenience of the buyer. The car is classified as a lemon if it has been repaired three times or more since purchase or if it has been repaired once for a serious safety defect. The seller must be willing to grant a used car return. Otherwise he can be sued for the sales price and any further damages incurred (cost of repairs and attorney fees).

    Demo and Title

    • In the state of Virginia a car that has been used as a demo may not be considered a new vehicle. This is also the case for a car that has been previously titled, as stated by the Virginia Consumer Protection Act. In 2002, a dealership was found guilty of fraud for selling a BMW as new when it was previously titled. The dealership did not disclose that it had been titled, which prevented the buyer (a car collector) from re-selling the car later on. This new car was actually a used car by law. A court awarded the buyer the cost of the sale plus damages.

    Wreck Cover Up

    • Another aspect of the Virginia Consumer Protection Act protects used car buyers from purchasing a vehicle when the vehicle’s history has been misrepresented. When a vehicle has been damaged in a wreck, that fact must be disclosed by the seller. A 2003 Virginia case dealt with a dealer who purchased a vehicle from salvage and repaired it, using touch up paint to cover up some of the damage. He tried to sell the vehicle twice, and eventually he had to settle out of court with one of the owners. If a dealer is unwilling to give the full value of the sale back after learning of a car’s previous history, he can be sued for the price of the sale plus damages.

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