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Virginia Consumer Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on
Q: Hello! I went to purchase a vehicle for my new business. The person at the dealership asked me to put down 2K

After looking for lenders for my loan. I was told by the finance rep to put down 2k to cover the tax and other fees at least due to the amount of the loan. At that moment, it wasn’t my intention to do so but I felt pressure to do it. Can I use any consumer law on this case?

Dragan Ivetic
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answered on Feb 10, 2023

The facts as presented in the question unfortunately are unclear as to what basis there would be for a consumer law claim.

Is there a claim of fraud or deceptive business practices? Just because you intended to do one thing and ended up doing another - does not by itself indicate fraud....
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1 Answer | Asked in Consumer Law for Virginia on
Q: We took our rv in for repair last fall. Guy kept saying backed up/ needed more time etc. He is now avoiding us.

We originally paid to store the RV but the owner also does repairs so we went ahead and had him do our external repairs. Was given a quote we agreed to. Maintained contact with him and when he was ready to start our repair he would not take a credit card over the phone so I requested he send me... View More

Steven Krieger
Steven Krieger
answered on Jan 25, 2023

At this point, I think you have to send a letter through a law firm or file a lawsuit. Hopefully, the RV is still at the property, but you really have no way of knowing (unless you can see it through the gate). I'm sure anyone who responds would be happy to help if you decide to retain a firm.... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Virginia on
Q: Is there a statute of limitations on credit card debt?

I was contacted by a law group saying I owed on an old credit card debt. They're saying the last time they tried to contact me was 2016 from a card I obtained before 2010. It was a JCPenny store card. They're threatening garnishment. I paid off all my debts before I purchased my home in... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Dec 9, 2022

Credit card lawsuits typically involve two different jurisdictions - the issuer's home state and the borrower's home state, and the shorter of the two may apply in Virginia. In Virginia Code Section 8.01- 232, there are three conditions on the enforceability of a waiver of the right to... View More

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1 Answer | Asked in Consumer Law, Products Liability and Insurance Bad Faith for Virginia on
Q: I purchased a warranty from Endurance about 3 months ago. My car went into the shop about a month ago. It needs repairs

I purchased a warranty from Endurance about 3 months ago. My car went into the shop about a month ago. It needs repairs that are covered by the warranty and they will not pay. Can you help me?

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2024

A Virginia attorney could advise best, but your question remains open for four weeks. Your question could be difficult to address within the brief scope of this Q & A forum. An attorney would likely want to see the agreement, information about the repairs, denial forms, correspondence, and... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Virginia on
Q: My question is about who's responsible for a debt related to the sale/purchase of a house in Virginia.

My wife and I bought our house in June 2022, and provided a check for the remaining propane ($750) which should have been given to the sellers. The seller's attorney misplaced the check and is now saying, almost 18 months later, that it's our responsibility to remedy the situation by... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2023

The question is whether the check cleared your bank. If it did not, you never paid the debt. If it didn't clear, you still owe the money.

1 Answer | Asked in Consumer Law for Virginia on
Q: Cemetery mix up do I have a legal right to go after them
T. Augustus Claus
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answered on Oct 13, 2023

Yes, you may have a legal right to go after the cemetery if there was a mix-up with your loved one's remains. The specific legal claims that you may have will depend on the specific facts of your case. For personalized legal advice tailored to your unique circumstances, it's advisable to... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: I bought a house that clearly stated in the listing “hardwood floors are throughout the home under the existing carpet”

When I was able to occupy the home I pulled up the carpet to find there was no hardwood floor. According to the VCPA I have a case against them

Steven Krieger
Steven Krieger
answered on Feb 22, 2023

Yes, it sounds like there was a misrepresentation re the hardwood floors, so you may have a valid VCPA claim. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Virginia on
Q: Customer threatening to sue general contractor if not refunded for work

I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.

The response above is a...
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1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: What constitutes a written agreement with consumer debt?

I've been served warrant on credit card that was opened online and payments stopped more than 3 years ago. This account was opened by my ex husband in my name but I can't prove this. Statute of limitations would be easier.

Elaine Jarvis
Elaine Jarvis
answered on Jul 7, 2022

I assume you mean a warrant in debt, which is a contract-based claim in general district court. First piece of advice is to absolutely appear and ask for a trial to dispute the debt. Second, in Virginia, you have the right to request all the documents that gave rise to the debt. This is called... View More

1 Answer | Asked in Consumer Law and Personal Injury for Virginia on
Q: Can I sue a college over late letters of recommendation from faculty?

Hello, I am a graduate student and I requested letters of recommendation for doctoral studies from both my graduate and undergraduate faculty from two different schools and they both turned the letters in late even though we had communicated via email prior. Once I saw that the letters were late... View More

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. Unfortunately, one of the issues that would confront a law firm that contemplated such a case would be the determination of damages, absence of contract issues and uncertainties... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Do I have grounds to sue a vehicle dealership for failing to deliver a valid title to the DMV?

Hi! I am having an issue with a vehicle dealership in VA not sending the NCDMV a corrected title. The original title sent at purchase omitted the VIN number. NCDMV sent them a letter in March 2021 requesting a corrected one and they still have not. I have called and emailed them with no response. I... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 26, 2022

You need to consult a qualified consumer law attorney in Virginia about this. If the vehicle were purchased in North Carolina it would be subject to NC DMV fraud and licensing bureau for car dealers. I suggest filing a complaint with the Virginia equivalent of North Carolina DMV theft or car dealer... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: I bought a car March 5th 22 “NEW” inspection sticker since i’ve had issues such as axels, the control arms they wont fix

they’re refusing to fix the issues it had when i purchased the vehicle that were not told to me and refusing to give me money back this vehicle should’ve never had a new inspection sticker

Steven Krieger
Steven Krieger
answered on Mar 19, 2022

If the vehicle was represented to you as "new" and it was not new, then you have a claim. If you have a warranty, the warranty should cover these repairs regardless. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: Car dealership refused to cancel my service contract & gap insurance even though they have a 30 day cancellation policy

I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 20, 2021

Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Virginia on
Q: Can I sue an establishment as a customer for mental and medical distress from an employee? I contacted 7 eleven already

I was a truck driver. I went into the 7 eleven due to a stomach ache for some Tylenol. I didn't see it so I decided to use the bathroom instead. There was an item in front of the door but no do not use sign or out of order sign. Like 5 minutes after I sat down a big loud man Congress banging... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 19, 2021

A lot depends on what the person did, was it on video, etc. Certainly, there is no excuse for chasing someone out of a stall. However in most states emotional distress cases are difficult. You should consult with a member of the Virginia Trial Lawyers Association for the county where it happened.... View More

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Virginia on
Q: Hi. I was wondering during if I would go to jail for a second theft charge?

my last theft was from 3 years ago and all I had for this new theft charge was a necklace and nothing else.

Bernard Crane
Bernard Crane
answered on Jul 19, 2021

Its almost impossible to answer this question in a vacuum. There are too many variables. You say your "LAST" theft charge. You didn't say your "only other" theft charge. If this is your third or more theft charge, there is a higher probaility of at least SOME jail time.... View More

1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for Virginia on
Q: I bought the house that I was renting from the owner, he is supposed to do some minor repair that we agreed on

now all papers are signed and he still did not do the repairs, I also did not get a refund for my security deposit, my deposit was not part of the deal. What are my options.

F. Paul Maloof
F. Paul Maloof
answered on May 18, 2021

You obviously have a breach of contract case. You should file a Complaint in the Court where the property is located and seek an award for damages of the failure to make the repairs in accordance with the contract.

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Litigation for Virginia on
Q: I am having serious issues with Ikea

I bought a dark grey sofa and immediately had issues. The color wasn't as advertised and the required cover to velcroes on didn’t fit. I couldn’t get anyone on the phone bc they had tech issues. I reached them via Twitter and they send me a replacement cover. This one was even smaller.... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 2, 2021

You should call the Office of the Attorney General of Virginia, Consumer Affairs Division and make a formal complaint.

1 Answer | Asked in Consumer Law for Virginia on
Q: I bought a warranty w/my car 2yrs ago,I tried today to use it,but it wasnt sent in. I was scammed/faked what can I do?

I was sold a cilajet warranty with my car. I called to make a claim and the company says it was never submitted by the dealer. The dealership had no contracts with the company that they sold me the warranty for. Im paying on the warranty for nothing. I have the original contract. The manager... View More

Steven Krieger
Steven Krieger
answered on Mar 4, 2021

You should sue the dealership for the cost of the warranty you "bought" and the cost of the repairs you're going to make that would have been covered under the warranty. You certainly have a breach of contract claim and possibly a fraud claim. If you decide to hire a lawyer, I'm... View More

1 Answer | Asked in Criminal Law, Consumer Law and Civil Litigation for Virginia on
Q: I need help on deciding whether to file a criminal or civil case. I recently bought a vehicle and was given a fake title

I bought a truck under the agreement that I would be provided a clean title. The guy gave me a complete different title then what was promised. I then found out he never registered the truck in his name therefore he would be title jumping with isn’t allowed. I believe what he did was fraud or... View More

F. Paul Maloof
F. Paul Maloof
answered on Feb 17, 2021

You can speak with a law enforcement officer and a Magistrate Judge about filing a criminal charge. You more likely have a civil complaint and you should file a complaint with the Virginia DMV.

1 Answer | Asked in Consumer Law, Estate Planning and Real Estate Law for Virginia on
Q: I have a check from my fathers IRA. He had passed away back in October. The company Meryl Lynch issued the check out to

So the check with the bank name that is now closed under my father and my name. it does state "F/B/O fathers name IRA and acct#****. but the bank won't even accept the check and create an estate account. This is the second check that was issued from them and they cant get it right.

Richard Sternberg
Richard Sternberg
answered on Jan 28, 2021

I don't know whether there is enough money involved to make it worthwhile, but I think a simple one-hour consult would straighten things out. It sounds to me like the brokerage hasn't explained that the funds are not part of the probate estate, so they don't belong in an estate... View More

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