Lemon Law Complaint - Virginia

IN THE CIRCUIT COURT OF [________________________________], VIRGINIA

Case No. [________________________________]

COMPLAINT UNDER THE VIRGINIA MOTOR VEHICLE WARRANTY ENFORCEMENT ACT

Plaintiff alleges as follows:

1. PARTIES

1. Plaintiff [________________________________] resides in [________________________________], Virginia.

2. Plaintiff is a consumer under Va. Code § 59.1-207.11 because Plaintiff is the [purchaser other than for resale / lessee / qualifying warranty-term transferee / other person entitled to enforce the warranty] of the vehicle described below, which is used in substantial part for personal, family, or household purposes.

3. Defendant [________________________________] manufactures, assembles, or distributes motor vehicles to motor vehicle dealers and is a manufacturer under § 59.1-207.11.

2. JURISDICTION, VENUE, AND TIMELINESS

4. This Court has original and general civil jurisdiction under Va. Code § 17.1-513. Va. Code § 59.1-207.14 authorizes a consumer who suffers loss from a violation of the Act to bring a civil action.

5. Venue is permissible in this city or county under Va. Code § 8.01-262 because [Defendant's principal office or registered office is here / Defendant regularly conducts substantial business here and a practical nexus exists / all or part of the cause of action arose here / other applicable ground: ________________________________].

6. The vehicle was originally delivered to the consumer on [__/__/____]. The ordinary eighteen-month lemon law rights period ended on [__/__/____]. See Va. Code § 59.1-207.11.

7. This action is timely under Va. Code § 59.1-207.16 because:

• ☐ It was commenced within the lemon law rights period;
• ☐ Defendant was notified but did not effectively repair the nonconformity by expiration of that period, extending the period under § 59.1-207.13(C); or
• ☐ Plaintiff resorted in good faith to Defendant's informal procedure within the rights period, the matter was not satisfactorily resolved, Defendant took final action on [__/__/____], and this action was commenced within the longer period allowed by § 59.1-207.16.

3. VEHICLE AND WARRANTY

8. The vehicle and transaction are:

9. The vehicle is a covered motor vehicle under § 59.1-207.11 because it is a [passenger car / pickup or panel truck / motorcycle / autocycle / self-propelled motor-home chassis / moped / demonstrator / leased vehicle] issued with an applicable warranty.

10. Defendant issued the following warranty applicable to the vehicle: [________________________________].

4. NONCONFORMITY, REPORT, AND REPAIR HISTORY

11. During the applicable manufacturer's warranty period, Plaintiff reported the following failure to conform with the warranty, defect, or condition to Defendant, its agent, or its authorized dealer: [________________________________]. See Va. Code § 59.1-207.12.

12. The condition significantly impairs the vehicle's [use / market value / safety] because it renders the vehicle [unfit / unreliable / unsafe] for ordinary use or reasonable intended purposes as follows: [________________________________].

13. Plaintiff first gave notice of the nonconformity on [__/__/____], when the odometer read [________________________________]. Notice occurred because:

• ☐ Plaintiff mailed Defendant a written complaint;
• ☐ Defendant responded in writing regarding the complaint;
• ☐ A factory representative inspected the vehicle; or
• ☐ A factory representative met with Plaintiff or an authorized dealer regarding the nonconformity.

14. The repair history is:

15. Complete every applicable allegation under Va. Code § 59.1-207.13(B):

• ☐ The same nonconformity was subject to repair three or more times during the lemon law rights period and continues to exist.
• ☐ A serious safety defect was subject to repair one or more times during that period and continues to exist. It is life-threatening, impedes control or operation for ordinary use or reasonable intended purposes, or creates a fire or explosion risk because [________________________________].
• ☐ The vehicle was out of service due to repair for at least thirty cumulative calendar days during that period, excluding any delay caused by qualifying conditions beyond Defendant's control.
• ☐ Even if a statutory presumption is disputed, Defendant failed to conform the vehicle after a reasonable number of attempts during the rights period: [________________________________].

16. If Defendant or its factory representative had not already received notice when a condition in § 59.1-207.13(B) existed, Defendant received the additional correction opportunity required by § 59.1-207.13(E), not exceeding fifteen days, from [__/__/____] through [__/__/____]. The result was [________________________________].

5. INFORMAL DISPUTE SETTLEMENT

17. Under Va. Code § 59.1-207.15(A), use of a manufacturer-provided informal dispute settlement procedure is the consumer's choice. Complete the applicable allegation:

• ☐ Plaintiff did not use an informal procedure.
• ☐ Plaintiff used Defendant's procedure on [__/__/____]. The result was [________________________________].
• ☐ Plaintiff accepted a decision awarding [refund / comparable vehicle] on [__/__/____], but Defendant did not comply within forty days after receiving the acceptance.

6. CLAIM FOR VIOLATION OF THE ACT

18. Plaintiff incorporates the preceding allegations.

19. Defendant, its agents, or its authorized dealers did not conform the vehicle to the applicable warranty after a reasonable number of attempts during the lemon law rights period, although the nonconformity significantly impairs its use, market value, or safety.

20. Defendant has not provided the relief required by Va. Code § 59.1-207.13(A).

21. The nonconformity is not the result of Plaintiff's abuse, neglect, or unauthorized modification or alteration.

22. Plaintiff suffered loss from Defendant's violation and may enforce the Act under Va. Code § 59.1-207.14.

7. REQUEST FOR RELIEF

Plaintiff requests judgment against Defendant and the relief supported by the evidence, including:

1. At Plaintiff's unconditional choice, return of the vehicle and a refund of the full contract price, including collateral charges and incidental damages, allocated among Plaintiff, any lessor, and any lienholder according to their interests;
2. Alternatively, if Plaintiff accepts replacement rather than exercising the unconditional refund right, a comparable replacement vehicle acceptable to Plaintiff;
3. Termination without penalty of any written vehicle lease and the title transfer required to effectuate the selected remedy;
4. Mileage, expenses, and reasonable loss-of-use damages necessitated by repair attempts;
5. A reasonable allowance for use no greater than the amount authorized by § 59.1-207.11 and calculated only through the first notice of nonconformity, with the statutory allowance applied to either refund or replacement;
6. Reasonable attorney fees, expert-witness fees, and court costs under § 59.1-207.14;
7. If supported by the facts, the enhanced and equitable relief authorized by § 59.1-207.15(C) for failure to comply with an informal-procedure decision or court order; and
8. Any other relief the Court determines is available and proper.

8. SIGNATURE

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________

[Attorney Name], Virginia State Bar No. [__________]

[Address]

[Telephone]

[Email]

Counsel for Plaintiff

EXHIBIT CHECKLIST

• ☐ Purchase, lease, or covered-transfer documents
• ☐ Warranty and owner's manual
• ☐ Repair orders and invoices
• ☐ Notice and proof of delivery or manufacturer response
• ☐ Out-of-service-day calculation
• ☐ Informal dispute procedure records, if applicable
• ☐ Contract-price, collateral-charge, repair-expense, and loss records

SOURCES AND REFERENCES

• Virginia Law — § 59.1-207.11 definitions
• Virginia Law — § 59.1-207.12 repair duty
• Virginia Law — § 59.1-207.13 remedies, presumptions, notice, and defenses
• Virginia Law — § 59.1-207.14 civil action and fees
• Virginia Law — § 59.1-207.15 optional informal procedure
• Virginia Law — § 59.1-207.16 time to commence action
• Virginia Law — § 17.1-513 circuit-court jurisdiction
• Virginia Law — § 8.01-262 permissible venue