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Virginia Lemon Law Questions & Answers
1 Answer | Asked in Criminal Law and Lemon Law for Virginia on
Q: Hello, If charged with petit larceny 3rd- offense class 6 felony. Is it mandatory that I go to jail?

I have not been i trouble since 2015

Faraji A. Rosenthall
Faraji A. Rosenthall
answered on Aug 22, 2020

No, petit larceny as a third offense is a class 6 Felony. There is no mandatory jail time. However, that doesn't mean that a punishment involving jail time isn't possible, or even likely, it simple means it isn't required. If you are found guilty a judge can give 0 days in jail up to... View More

1 Answer | Asked in Car Accidents and Lemon Law for Virginia on
Q: Is the shop responsible for towing if work performed incorrectly and car breaks down after leaving shop
Jay Braddock Jackson
Jay Braddock Jackson
answered on Aug 21, 2019

Yes, the shop should pay for the tow, if the breakdown is due to the incorrect repair. If the breakdown is due to the original problem, and the repair was ineffective, that may be more difficult. If you took the car in for a repair and they told you that it was completely repaired, then you should... View More

1 Answer | Asked in Personal Injury, Products Liability, Business Law and Lemon Law for Virginia on
Q: What can I do if a recall has left my car undrivable for 5 months?

My car failed VA state inspection due to a faulty sensor that is currently under recall by Jeep. However, the replacement part for the recall will not be available until April of 2018 which leaves me paying a car payment for 5 months with a car I cannot legally drive and also adds additional... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

Contact the Center for Automotive Safety, see if there is any class action or bad faith action for such conduct--they should,at a minimum, authorize a rental.

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Lemon Law for Virginia on
Q: We just purchased a car and found out 3 wks later it shouldn't have passed state inspection! What do we do?

The air also didn't work so well and the top quit working the first week. So, we took the car back and the manager sent it to the service department to be checked. They determined the air compressor and motor in the top were bad and refused to do anything to fix it. All within the first 2... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 7, 2017

In Virginia, the general rule when buying a vehicle is "Buyer Beware." This rule may block you from any recourse. However, the Consumer Protection Act in Virginia will cover your vehicle, especially if there was a latent defect and the dealer should have known about the defect when he... View More

1 Answer | Asked in Contracts and Lemon Law for Virginia on
Q: Can I sue a private seller for falsely advertising a car that I bought?

I purchased a car from a private seller and the person told me the only thing wrong with it were the turn signals. I checked and test drove it and everything seemed fine. When I came back a few days later, the person was messing with the car under the hood. I didn't pay any attention to this.... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Nov 8, 2016

You have a claim against the seller for fraud if there was (1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) that you relied upon, and (6) causing you damages.

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Virginia on
Q: Just bought used car that was inspected (Va. State inspection) and shouldn't have passed due to tire tread depth?

The dealership inspected the vehicle and passed the same month I bought the vehicle. Both tires on the rear look good as far as outer tread but the center of the tire is worn down below code. Is this legal and how do I deal with the issue. Its a used vehicle with as is no warranty. But can it be... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 6, 2016

If it being inspectable was part of the deal--i.e. it was inspected before sale, then it's presumed that it met inspection requirements. Have it checked out to see if anything else is below the line, ask the dealer to give you new tires as part of the deal was inspectability. They don't,... View More

1 Answer | Asked in Collections, Criminal Law, Personal Injury, Lemon Law, Public Benefits and Car Accidents for Virginia on
Q: Is it legal for a police officer to walk out on to a road and wave his hand over for me to pull over, without lights.

Is it legal for a police officer to walk on to a 4 lane road, point and wave at my car to pull over, without any flashing lights? A car behind me was honking for me to go faster. At the light, I sped up, and the car (NY license plate grey) was still right behind me, tailgating. I slowed down then... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 27, 2015

Hire a ticket lawyer for this matter.

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