dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-165. Chemical analysis as evidence.
A certificate of analysis of any motor fuel or lubricating oils shall be admitted into evidence in any case relating to such motor fuel or lubricating oil that involves an alleged violation of this chapter or regulation adopted thereunder, provided that the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1.

Code 1950, § 59-58; 1968, c. 439; 1972, c. 741; 1992, c. 885; 2010, c. 152.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-166. Enforcement by Commissioner.
It shall be the duty of the Commissioner to enforce the provisions of this chapter.

Code 1950, § 59-59; 1968, c. 439; 1992, c. 885.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-167. Conflicting local laws and ordinances prohibited.
Cities, towns, counties and other political subdivisions of this Commonwealth are prohibited from passing any laws or ordinances relating to the inspection and testing of motor fuel and lubricating oil as defined in § 59.1-149 inconsistent with the provisions of this chapter.

Code 1950, § 59-60; 1968, c. 439; 1992, c. 885.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-167.1. Labeling of motor fuels; notification to reseller.
A. Every dispensing device used in the retail sale of any motor fuel shall identify the motor fuel and be labeled in accordance with Section 3 of the Uniform Fuels and Automotive Lubricants Regulation published by the National Institute of Standards and Technology in Handbook 130, titled "Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality," as the same now are or may be hereafter amended, unless the Board of Agriculture and Consumer Services, by regulation, amends or rejects identification or labeling requirements established in such publication.

B. Every person delivering gasoline at wholesale to a reseller which contains one percent or more of ethanol or methanol shall provide a written manifest or invoice which conspicuously identifies the gasoline containing one percent or more of ethanol or methanol, and the percentage of ethanol or methanol contained therein. The Board of Agriculture and Consumer Services may, by regulation, establish what additional disclosure shall be made about a motor fuel by a person delivering the motor fuel at wholesale to a retailer, so that the retailer may comply with the requirements of subsection A.

1986, c. 197; 1992, c. 885; 2019, c. 756.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-167.2. Civil penalties.
A. In addition to the penalties prescribed in § 59.1-163, any person violating any provision of this chapter or regulation adopted thereunder may be assessed a civil penalty by the Board in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the Board shall give due consideration to (i) the history of previous violations of the person; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter or regulation adopted thereunder after notification of the violation.

B. Civil penalties assessed under this section shall be paid into the Weights and Measures Fund as established by § 3.2-5628. The Commissioner shall prescribe procedures for payment of uncontested penalties. The procedure shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation.

C. Final orders may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1992, c. 885.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 12 (Motor Fuels and Lubricating Oils)
§ 59.1-167.3. Delegation of authority.
The Board may delegate any authority vested in it under this chapter, except the adoption of regulations, to the Commissioner.

1992, c. 885.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 13 (BOILERS AND PRESSURE VESSELS [Repealed])
§ 59.1-168. Repealed.
Repealed by Acts 1972, c. 237.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 14 (VIRGINIA PAINT LAW [Repealed])
§ 59.1-177. Repealed.
Repealed by Acts 1983, c. 209.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 15 (STORAGE BATTERIES)
§ 59.1-189. Labels and stamps required.
No storage batteries intended for use in connection in any manner with the operation of any machine, motor, radio or any mechanical device or in connection with the production of any artificial light shall be sold or offered for sale in this Commonwealth unless there is affixed to such batteries a label or stamp showing, or the seller of such batteries has available for customer inspection documentation that shows the name and address of the manufacturer, date on which the manufacture of such battery was completed, the size of the container and whether the container is made of rubber or a composition, the number and thickness of plates in each cell, the name of the material used as a filler for the grids in the plate, and the kind of woods or other materials used as separators between the plates.

Code 1950, § 59-162; 1968, c. 439; 1990, c. 592.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 15 (STORAGE BATTERIES)
§ 59.1-190. Rebuilt batteries.
To every storage battery which has been rebuilt and offered for sale in this Commonwealth, there shall be, in addition to the label or stamp required by § 59.1-189, permanently affixed to the container and above label or stamp required by § 59.1-189, the word "rebuilt," together with the name and address of the person, firm or corporation rebuilding such battery.

Code 1950, § 59-163; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 15 (STORAGE BATTERIES)
§ 59.1-191. Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $250, or punished by imprisonment in jail for not more than six months or by both fine and imprisonment.

Code 1950, § 59-164; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 16 (PURCHASE OF LIVESTOCK FROM UNKNOWN PERSON)
§ 59.1-192. "Person" defined.
As used in this chapter the term "person" shall mean any individual, partnership, corporation, or other firm or association.

Code 1950, § 59-165; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 16 (PURCHASE OF LIVESTOCK FROM UNKNOWN PERSON)
§ 59.1-193. Record to be kept by purchaser of livestock delivered by motor vehicle.
It shall be unlawful for any dealer in or slaughterer of livestock to purchase any cattle, sheep, swine or other livestock from any person who is not personally known by the purchaser and who delivers such livestock to the purchaser by means of a motor truck or other motor vehicle, unless such purchaser shall first record the name and address of the person from whom such purchase is made, the date of the purchase, the license plate numbers of such truck or vehicle, the state where the same is registered, and a general description of the livestock purchased, including the kind purchased, whether cattle, sheep, swine or other livestock, the number purchased and the approximate weight of the livestock in each lot purchased.

Code 1950, § 59-166; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 16 (PURCHASE OF LIVESTOCK FROM UNKNOWN PERSON)
§ 59.1-194. Record available for inspection.
The purchaser shall keep such record for a period of at least six months from the date of purchase. Every such purchaser shall also keep such record available for inspection by the law-enforcement officers of the Commonwealth and the counties, cities and towns thereof, and shall exhibit it to such officers upon their lawful demand.

Code 1950, § 59-167; 1968, c. 429.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 16 (PURCHASE OF LIVESTOCK FROM UNKNOWN PERSON)
§ 59.1-195. Penalty for violation.
Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished, for each offense, by a fine of not less than $10 nor more than $100.

Code 1950, § 59-168; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-196. Title.
This chapter may be cited as the Virginia Consumer Protection Act of 1977.

1977, c. 635.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-197. Intent.
It is the intent of the General Assembly that this chapter shall be applied as remedial legislation to promote fair and ethical standards of dealings between suppliers and the consuming public.

1977, c. 635.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-199. Exclusions.
Nothing in this chapter shall apply to:

1. Any aspect of a consumer transaction which aspect is authorized under laws or regulations of the Commonwealth or the United States, or the formal advisory opinions of any regulatory body or official of the Commonwealth or the United States.

2. Acts done by the publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station, or other advertising media such as outdoor advertising and advertising agencies, in the publication or dissemination of an advertisement in violation of § 59.1-200, unless it be proved that such person knew that the advertisement was of a character prohibited by § 59.1-200.

3. Those aspects of a consumer transaction that are regulated by the Federal Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq.

4. Banks, savings institutions, credit unions, small loan companies, public service corporations, mortgage lenders as defined in § 6.2-1600, broker-dealers as defined in § 13.1-501, gas suppliers as defined in subsection E of § 56-235.8, and insurance companies regulated and supervised by the State Corporation Commission or a comparable federal regulating body.

5. Any aspect of a consumer transaction that is subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.) or Chapter 14 (§ 55.1-1400 et seq.) of Title 55.1, unless the act or practice of a landlord constitutes a misrepresentation or fraudulent act or practice under § 59.1-200.

6. Real estate licensees who are licensed under Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1, unless the act or practice of the licensee constitutes a violation of law under the Unfair Real Estate Service Agreement Act (§ 55.1-3200 et seq.).

7. Residential home sales between natural persons involving the seller's private residence.

1977, c. 635; 1987, c. 464; 1994, c. 400; 1995, c. 703; 1996, cc. 61, 77, 179; 1999, c. 494; 2000, cc. 691, 706; 2023, c. 452; 2024, cc. 328, 362.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-200.1. Prohibited practices; foreclosure rescue.
A. In addition to the provisions of § 59.1-200, the following fraudulent acts or practices committed by a supplier, as defined in § 59.1-198, in a consumer transaction involving residential real property owned and occupied as the primary dwelling unit of the owner, are prohibited:

1. The supplier of service to avoid or prevent foreclosure charges or receives a fee (i) prior to the full and complete performance of the services it has agreed to perform, if the transaction does not involve the sale or transfer of residential real property, or (ii) prior to the settlement on the sale or transfer of residential real property, if the transaction involves the sale or transfer of such residential real property;

2. The supplier of such services (i) fails to make payments under the mortgage or deed of trust that is a lien on such residential real property as the payments become due, where the supplier has agreed to do so, regardless of whether the purchaser is obligated on the loan, and (ii) applies rents received from such dwellings for his own use;

3. The supplier of such services represents to the seller of such residential real property that the seller has an option to repurchase such residential real property, after the supplier of such services takes legal or equitable title to such residential real property, unless there is a written contract providing such option to repurchase on terms and at a price stated in such contract; or

4. The supplier advertises or offers such services as are prohibited by this section.

B. This section shall not apply to any mortgage lender or servicer regularly engaged in making or servicing mortgage loans that is subject to the supervisory authority of the State Corporation Commission, a comparable regulatory authority of another state, or a federal banking agency.

C. In connection with any consumer transaction covered by subsection A, any provision in an agreement between the supplier of such services and the owner of such residential real property that requires the owner to submit to mandatory arbitration shall be null and void, and notwithstanding any such provisions, the owner of such residential real property shall have the rights and remedies under this chapter.

2008, c. 485; 2009, cc. 203, 272.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-201.1. Attorney General empowered to issue civil investigative demands.
Whenever the Attorney General has reasonable cause to believe that any person has engaged in, or is engaging in, or is about to engage in, any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply mutatis mutandis to civil investigative demands issued pursuant to this section.

1995, c. 703.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-202. Assurances of voluntary compliance.
A. The Attorney General, the attorney for the Commonwealth, or the attorney for a county, city, or town may accept an assurance of voluntary compliance with this chapter from any person subject to the provisions of this chapter. Any such assurance shall be in writing and be filed with and be subject on petition to the approval of the appropriate circuit court. Such assurance of voluntary compliance shall not be considered an admission of guilt or a violation for any purpose. Such assurance of voluntary compliance may at any time be reopened by the Attorney General, or the attorney for the Commonwealth, or attorney for the county, city, or town respectively, for additional orders or decrees to enforce the assurance of voluntary compliance.

B. When an assurance is presented to the circuit court for approval, the Attorney General, the attorney for the Commonwealth, or the attorney for the appropriate county, city, or town shall file, in the form of a motion for judgment or complaint, the allegations which form the basis for the entry of the assurance. The assurance may provide by its terms for any relief which an appropriate circuit court could grant, including but not limited to restitution, arbitration of disputes between the supplier and its customers, investigative expenses, civil penalties and costs; provided, however, that nothing in this chapter shall be construed to authorize or require the Commonwealth, the Attorney General, an attorney for the Commonwealth or the attorney for any county, city or town to participate in arbitration of violations under this section.

1977, c. 635; 1981, c. 423; 1982, c. 13; 1988, c. 850.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-203. Restraining prohibited acts.
A. Notwithstanding any other provisions of law to the contrary, the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth, or of the county, city, or town to enjoin any violation of § 59.1-200 or 59.1-200.1. The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages be proved.

B. Unless the Attorney General, any attorney for the Commonwealth, or the attorney for any county, city, or town determines that a person subject to the provisions of this chapter intends to depart from this Commonwealth or to remove his property herefrom, or to conceal himself or his property herein, or on a reasonable determination that irreparable harm may occur if immediate action is not taken, he shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are contemplated, and allow such person a reasonable opportunity to appear before said attorney and show that a violation did not occur or execute an assurance of voluntary compliance, as provided in § 59.1-202.

C. The circuit courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of § 59.1-200 or 59.1-200.1.

D. The Commissioner of the Department of Agriculture and Consumer Services, or his duly authorized representative, shall have the power to inquire into possible violations of subdivisions A 18, 28, 29, 31, 39, 41, as it relates to motor fuels, 69, 70, 71, 72, 73, and 74 of § 59.1-200 and § 59.1-335.12, and, if necessary, to request, but not to require, an appropriate legal official to bring an action to enjoin such violation.

E. The Board of Directors of the Virginia Cannabis Control Authority, or its duly authorized representative, shall, upon the referral or request of the Attorney General or the Department of Agriculture and Consumer Services, have the power to inquire into possible violations of subdivisions A 69, 70, 71, 72, 73, and 74 of § 59.1-200 and, if necessary, to request, but not require, an appropriate legal official to bring an action to enjoin such violation.

1977, c. 635; 1982, c. 13; 1988, c. 485; 2008, c. 485; 2012, cc. 803, 835; 2023, cc. 744, 794.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-204. Individual action for damages or penalty.
A. Any person who suffers loss as the result of a violation of this chapter shall be entitled to initiate an action to recover actual damages, or $500, whichever is greater. If the trier of fact finds that the violation was willful, it may increase damages to an amount not exceeding three times the actual damages sustained, or $1,000, whichever is greater. Any person who accepts a cure offer under this chapter may not initiate or maintain any other or additional action based on any cause of action arising under any other statute or common law theory if such other action is substantially based on the same allegations of fact on which the action initiated under this chapter is based.

B. Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person also may be awarded reasonable attorneys' fees and court costs.

C. No cure offer shall be admissible in any proceeding initiated under this section, unless the cure offer is delivered by a supplier to the person claiming loss or to any attorney representing such person, prior to the filing of the supplier's initial responsive pleading in such proceeding. If the cure offer is timely delivered by the supplier, then the supplier may introduce the cure offer into evidence at trial. The supplier shall not be liable for such person's attorneys' fees and court costs incurred following delivery of the cure offer unless the actual damages found to have been sustained and awarded, without consideration of attorneys' fees and court costs, exceed the value of the cure offer.

D. In any action which the parties desire to settle all matters in dispute, the question of whether the plaintiff shall be awarded reasonable attorneys' fees and court costs in accordance with subsections B and C may be tendered to the court for consideration of the amount of such an award, if any.

1977, c. 635; 1995, cc. 703, 726; 2004, cc. 41, 90; 2005, c. 250; 2006, c. 453.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-204.1. Tolling of limitation.
A. Any individual action pursuant to § 59.1-204 for which the right to bring such action first accrues on or after July 1, 1995, shall be commenced within two years after such accrual. The cause of action shall accrue as provided in § 8.01-230.

B. When any of the authorized government agencies files suit under this chapter, the time during which such governmental suit and all appeals therefrom is pending shall not be counted as any part of the period within which an action under § 59.1-204 shall be brought.

1988, c. 241; 1995, cc. 703, 726.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-205. Additional relief.
The circuit court may make such additional orders or decrees as may be necessary to restore to any identifiable person any money or property, real, personal, or mixed, tangible or intangible, which may have been acquired from such person by means of any act or practice declared to be unlawful in § 59.1-200 or 59.1-200.1, provided, that such person shall be identified by order of the court within 180 days from the date of the order permanently enjoining the unlawful act or practice.

1977, c. 635; 2008, c. 485.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-206. Civil penalties; attorney fees.
A. In any action brought under this chapter, if the court finds that a person has willfully engaged in an act or practice in violation of § 59.1-200 or 59.1-200.1, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $2,500 per violation. If the court finds that a person has willfully committed a second or subsequent violation of subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.

B. For purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town notifies the alleged violator by certified mail that an act or practice is a violation of § 59.1-200 or 59.1-200.1, and the alleged violator, after receipt of said notice, continues to engage in the act or practice.

C. Any person who willfully violates the terms of an assurance of voluntary compliance or an injunction issued under § 59.1-203 shall forfeit and pay to the Literary Fund a civil penalty of not more than $5,000 per violation. For purposes of this section, the circuit court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may petition for recovery of civil penalties.

D. In any action pursuant to subsection A, B, or C and in addition to any other amount awarded, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover any applicable civil penalty or penalties, costs, reasonable expenses incurred by the state or local agency in investigating and preparing the case not to exceed $1,000 per violation, and attorney's fees. Such civil penalty or penalties, costs, reasonable expenses, and attorney's fees shall be paid into the general fund of the Commonwealth or of the county, city, or town which such attorney represented.

E. Nothing in this section shall be construed as limiting the power of the court to punish as contempt the violation of any order issued by the court, or as limiting the power of the court to enter other orders under § 59.1-203 or 59.1-205.

F. The right of trial by jury as provided by law shall be preserved in actions brought under this section.

1977, c. 635; 1980, c. 171; 1982, c. 13; 1991, c. 156; 1995, c. 703; 2008, c. 485; 2023, cc. 744, 794.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17 (VIRGINIA CONSUMER PROTECTION ACT)
§ 59.1-207. Unintentional violations.
In any case arising under this chapter, no liability shall be imposed upon a supplier who shows by a preponderance of the evidence that (i) the act or practice alleged to be in violation of § 59.1-200 or 59.1-200.1 was an act or practice of the manufacturer or distributor to the supplier over which the supplier had no control or (ii) the alleged violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid a violation; however, nothing in this section shall prevent the court from ordering restitution and payment of reasonable attorney's fees and court costs pursuant to § 59.1-204 B to individuals aggrieved as a result of an unintentional violation of this chapter.

1977, c. 635; 1995, cc. 703, 726; 2008, c. 485.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.1 (AUTOMOBILE REPAIR FACILITIES ACT)
§ 59.1-207.1. Title of chapter.
This chapter may be cited as the Automobile Repair Facilities Act.

1979, c. 506.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.1 (AUTOMOBILE REPAIR FACILITIES ACT)
§ 59.1-207.2. Definitions.
As used in this chapter:

1. "Motor vehicle" shall mean every vehicle which is self-propelled or designed for self-propulsion and every vehicle drawn by or designed to be drawn by a motor vehicle and includes every device in, upon or by which any property is or can be transported or drawn upon a highway, whether or not required to be licensed by the Commonwealth, but shall not include devices moved by human or animal power or devices used exclusively upon stationary rails or tracks. Nor shall it include those parts of a manufactured home which do not affect the ability of the manufactured home to be safely upon a highway.

2. "Person" shall include any natural person, firm, partnership, association or corporation.

3. "Automobile repair facility" shall mean any person who for profit diagnoses or corrects malfunctions of, or damage to, a motor vehicle.

1979, c. 506; 1999, c. 77.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.1 (AUTOMOBILE REPAIR FACILITIES ACT)
§ 59.1-207.4. Offer to return replaced parts required; customer's right to inspect parts.
An automobile repair facility shall offer at the time the repair work is authorized to return to the customer any parts which are removed from the motor vehicle and replaced during the process of repair; provided that any part which is required to be returned to a manufacturer or distributor under a warranty agreement, trade-in agreement or core charge agreement for a reconditioned part need not be returned to the customer. If the customer wishes the return of replaced parts subject to core charge or other trade-in agreements, customer agrees to pay the facility the additional core charge or other trade-in fee. The customer retains the right to inspect requested returned parts even if custody is refused.

1979, c. 506.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.1 (AUTOMOBILE REPAIR FACILITIES ACT)
§ 59.1-207.5. Written invoice required upon completion of repair work.
Upon completion of any repair work on a motor vehicle, including work performed pursuant to any warranty, an automobile repair facility shall provide the customer a written invoice which clearly indicates the work performed and the charges for parts and labor, separately stated, and which separately identifies those parts provided under warranty and not under warranty, and identifies those parts, if any, which are used, rebuilt or reconditioned. The provisions of this section shall not apply to work performed which was done on an advertised single price basis.

1979, c. 506.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.1 (AUTOMOBILE REPAIR FACILITIES ACT)
§ 59.1-207.5:1. Sale or installation of motor vehicle glass; prohibited conduct.
No person selling or engaged in the sale, installation, or replacement of motor vehicle glass shall advertise, promise to provide, or offer any coupon, credit, or rebate to pay all or part of an insurance deductible under a policy of motor vehicle insurance, as defined in § 38.2-124, unless such person charges no more than the prevailing market rate for such services.

2003, c. 707.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.1 (AUTOMOBILE REPAIR FACILITIES ACT)
§ 59.1-207.6. Enforcement; penalties.
Any violation of the provisions of this chapter shall constitute a prohibited practice pursuant to the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of Chapter 17 (§ 59.1-196 et seq.) of this title.

1979, c. 506.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.2 (AGRICULTURAL EQUIPMENT WARRANTIES)
§ 59.1-207.7. Definitions.
As used in this chapter unless the context requires otherwise:

"Agricultural equipment" shall mean any self-propelled vehicle designed primarily for and used in the occupation or business of farming.

"Consumer" shall mean a purchaser, other than for purposes of resale, of new agricultural equipment or any subsequent purchaser, other than for purpose of resale, to whom such equipment is transferred during the duration of a manufacturer's express written warranty applicable to such equipment.

1984, c. 503.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.3 (Motor Vehicle Warranty Enforcement Act)
§ 59.1-207.10. Intent.
The General Assembly recognizes that a motor vehicle is a major consumer purchase, and there is no doubt that a defective motor vehicle creates a hardship for the consumer. It is the intent of the General Assembly that a good faith motor vehicle warranty complaint by a consumer should be resolved by the manufacturer, or its agent, within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the express warranty issued by the manufacturer. However, nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

1984, c. 773.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.3 (Motor Vehicle Warranty Enforcement Act)
§ 59.1-207.12. Conformity to all warranties.
If a new motor vehicle does not conform to all warranties, and the consumer reports the nonconformity to the manufacturer, its agents, or its authorized dealer during the manufacturer's warranty period, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranties, notwithstanding the fact that such repairs are made after the expiration of such manufacturer's warranty period.

1984, c. 773; 1988, c. 603.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.3 (Motor Vehicle Warranty Enforcement Act)
§ 59.1-207.14. Action to enforce provisions of chapter.
Any consumer who suffers loss by reason of a violation of any provision of this chapter may bring a civil action to enforce such provision. Any consumer who is successful in such an action or any defendant in any frivolous action brought by a consumer shall recover reasonable attorney's fees, expert witness fees and court costs incurred by bringing such actions.

1984, c. 773; 1988, c. 603.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.3 (Motor Vehicle Warranty Enforcement Act)
§ 59.1-207.15. Informal dispute settlement procedure.
A. If a manufacturer provides an informal dispute settlement procedure, it shall be the consumer's choice whether or not to use it prior to availing himself of his rights under this chapter.

B. If a dispute settlement procedure is resorted to by the consumer and the decision is for a refund or a comparable motor vehicle, the manufacturer shall have forty days from its receipt of the consumer's acceptance of the decision or from the date of a court order to comply with the terms of the decision.

C. In any action brought because of the manufacturer's failure to comply with the decision, within the scope of the procedure's authority, rendered as a result of a dispute resolution proceeding or a court order, the court may triple the value of the award stipulated in the decision as provided for in this chapter, plus award other equitable relief the court deems appropriate, including additional attorney's fees.

1988, c. 603; 1990, c. 772.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.3 (Motor Vehicle Warranty Enforcement Act)
§ 59.1-207.16. Action to be brought within certain time.
Any action brought under this chapter shall be commenced within the lemon law rights period. However, any consumer whose good faith attempts to settle the dispute pursuant to the informal dispute settlement provisions of § 59.1-207.15 have not resulted in the satisfactory resolution of the matter shall have (i) 12 months from the date of the final action taken by the manufacturer in its dispute settlement procedure, if such procedure was resorted to within the lemon law rights period, or (ii) the original lemon law rights period, whichever is longer, to file an action in the proper court.

1988, c. 603; 1990, c. 772; 1999, c. 387; 2022, c. 411.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.3 (Motor Vehicle Warranty Enforcement Act)
§ 59.1-207.16:1. Disclosure of returned vehicles; penalty.
A. If a motor vehicle that is returned to the manufacturer or distributor either under this chapter or by judgment, decree, or arbitration award in this or any other state and is then transferred by a manufacturer or distributor to a dealer, licensed under Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2, in Virginia, the manufacturer or distributor shall disclose this information to the Virginia dealer.

B. If the returned vehicle is then made available for resale or for another lease, the manufacturer shall, prior to sale or lease, disclose in writing in a clear and conspicuous manner, on a separate piece of paper in ten-point capital type, to the Virginia dealer that this motor vehicle was returned to the manufacturer, distributor or factory branch, the nature of the defect which resulted in the return, and the condition of the motor vehicle at the time of transfer to the Virginia dealer. It shall be the responsibility of the dealer that receives this disclosure to give notice of its contents to any prospective purchaser or lessee prior to sale or lease, and to transfer the disclosure, or a copy thereof, to the next purchaser or lessee. A dealer's responsibility under this section shall cease upon the sale or lease of the affected motor vehicle to the first purchaser or lessee not for resale or lease.

C. Any manufacturer or distributor who violates this section of the Motor Vehicle Warranty Enforcement Act shall be guilty of a Class 3 misdemeanor.

1994, c. 578; 1998, c. 671.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.3 (Motor Vehicle Warranty Enforcement Act)
§ 59.1-207.9. Short title.
This chapter may be cited as the Virginia Motor Vehicle Warranty Enforcement Act.

1984, c. 773.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.17. Title.
This chapter may be cited as the "Virginia Lease-Purchase Agreement Act."

1988, c. 24.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.18. Definitions.
As used in this chapter:

"Advertisement" means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement.

"Cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the lease-purchase agreement.

"Consumer" means a natural person who rents personal property under a lease-purchase agreement to be used primarily for personal, family or household purposes.

"Consummation" means the time a consumer becomes contractually obligated on a lease-purchase agreement.

"Lessor" means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement.

"Lease-purchase agreement" means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer to become the owner of the property.

1988, c. 24.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.19. Inapplicability of other laws; exempted transactions.
A. Lease-purchase agreements that comply with this chapter are not governed by the laws relating to:

1. A home solicitation sale as defined in § 59.1-21.2;

2. A transaction described in § 6.2-311; or

3. A security interest as defined in subdivision (35) of § 8.1A-201.

B. This chapter does not apply to the following:

1. Lease-purchase agreements primarily for business, commercial, or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;

2. A lease of a safe deposit box;

3. A lease or bailment of personal property which is incidental to the lease of real property, and which provides that the consumer has no option to purchase the leased property; or

4. A lease of an automobile.

1988, c. 24; 2003, c. 353; 2010, c. 794.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.20. General requirements of disclosure.
A. The lessor shall disclose to the consumer the information required by this chapter. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by such disclosures.

B. The disclosures shall be made at or before consummation of the lease-purchase agreement.

C. The disclosures shall be made clearly and conspicuously in writing and a copy of the lease-purchase agreement provided to the consumer. The disclosures required under subsection A of § 59.1-207.19 shall be made on the face of the contract above the line for the consumer's signature.

D. If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy is not a violation of this chapter.

1988, c. 24.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.21. Disclosures.
A. For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable:

1. The total number, total amount and timing of all payments necessary to acquire ownership of the property;

2. A statement that the consumer will not own the property until the consumer has made the total payment necessary to acquire ownership;

3. A statement that the consumer is responsible for the fair market value of the property if, and as of the time, it is lost, stolen, damaged, or destroyed;

4. A brief description of the leased property, sufficient to identify the property to the consumer and the lessor, including an identification number, if applicable, and a statement indicating whether the property is new or used, but a statement that indicates new property is used is not a violation of this chapter;

5. A brief description of any damages to the leased property;

6. A statement of the cash price of the property. Where the agreement involves a lease of five or more items as a set, in one agreement, a statement of the aggregate cash price of all items shall satisfy this requirement;

7. The total of initial payments paid or required at or before consummation of the agreement or delivery of the property, whichever is later;

8. A statement that the total of payments does not include other charges, such as late payment, default, pickup, and reinstatement fees, which fees shall be separately disclosed in the contract;

9. A statement clearly summarizing the terms of the consumer's option to purchase, including a statement that the consumer has the right to exercise an early purchase option and the price, formula or method for determining the price at which the property may be so purchased;

10. A statement identifying the party responsible for maintaining or servicing the property while it is being leased, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the lease property at the time the consumer acquires ownership of the property, it shall be transferred to the consumer, if allowed by the terms of the warranty;

11. The date of the transaction and the identities of the lessor and consumer;

12. A statement that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair upon expiration of any lease term along with any past due rental payments; and

13. Notice of the right to reinstate an agreement as herein provided.

B. With respect to matters specifically governed by the Federal Consumer Credit Protection Act, compliance with such Act satisfies the requirements of this section.

1988, c. 24.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.22. Prohibited practices.
A lease-purchase agreement may not contain:

1. A confession of judgment;

2. A negotiable instrument;

3. A security interest or any other claim of a property interest in any goods except those goods delivered by the lessor pursuant to the lease-purchase agreement;

4. A wage assignment;

5. A waiver by the consumer of claims or defenses; or

6. A provision authorizing the lessor or a person acting on the lessor's behalf to enter upon the consumer's premises or to commit any breach of the peace in the repossession of goods.

1988, c. 24.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.23. Reinstatement.
A. A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of (i) all past due rental charges, (ii) if the property has been picked up, the reasonable costs of pickup and redelivery, and (iii) any applicable late fee, within five days of the renewal date if the consumer pays monthly, or within two days of the renewal date if the consumer pays more frequently than monthly.

B. In the case of a consumer who has paid less than two-thirds of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable reinstatement period set forth in subsection A of this section, the consumer may reinstate the agreement during a period of not less than twenty-one days after the date of the return of the property.

C. In the case of a consumer who has paid two-thirds or more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable period set forth in subsection A of this section, the consumer may reinstate the agreement during a period of not less than forty-five days after the date of the return of the property.

D. Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but such a repossession shall not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property or substitute property of comparable quality and condition.

1988, c. 24.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.24. Receipts and accounts.
A lessor shall provide the consumer a written receipt for each payment made by cash or money order.

1988, c. 24.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.25. Renegotiations and extensions.
A. A renegotiation shall occur when an existing lease-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and consumer. A renegotiation shall be considered a new agreement requiring new disclosures. However, events such as the following shall not be treated as renegotiations:

1. The addition or return of property in a multiple-item agreement or the substitution of the lease property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent;

2. A deferral or extension of one or more periodic payments, or portions of a periodic payment;

3. A reduction in charges in the lease or agreement; and

4. A lease or agreement involved in a court proceeding.

B. No disclosures are required for any extension of a lease-purchase agreement.

1988, c. 24.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.26. Advertising.
A. If an advertisement for a lease-purchase agreement refers to or states the dollar amount of any payment and the right to acquire ownership for any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applicable:

1. That the transaction advertised is a lease-purchase agreement;

2. The total of payments necessary to acquire ownership; and

3. That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.

B. Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.

C. The provisions of subsection A of this section shall not apply to an advertisement which does not refer to or state the amount of any payment, or which is published in the yellow pages of a telephone directory or in any similar directory of business.

1988, c. 24.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 17.4 (VIRGINIA LEASE-PURCHASE AGREEMENT ACT)
§ 59.1-207.27. Enforcement; penalties.
Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of Chapter 17 (§ 59.1-196 et seq.) of this title.

1988, c. 24.