Va. Model Jury Instr. Civ. No. 34.300

The manufacturer of a motor vehicle, and its agent or authorized dealer, has a duty to conform

the vehicle to any applicable warranty by repairing or correcting any defect or condition, including

those that do not affect the drivability of the vehicle, which significantly impairs the use, market

value or safety of the vehicle to the consumer.

If, after a reasonable number of attempts during the period ending eighteen (18) months after

the date of original delivery to the consumer of the vehicle, the manufacturer, or its agent or

authorized dealer, has not conformed the vehicle to the applicable warranty, then the

manufacturer has a duty either:

(1) to replace the motor vehicle with a comparable motor vehicle acceptable to the consumer; or

(2) to accept return of the motor vehicle and refund to the consumer [and any lienholder as their

interests may appear] the full purchase price, including all collateral charges, and incidental

damages, less a reasonable allowance for the consumer’s use of the vehicle up to the date of first

notice of nonconformity given to the manufacturer, its agents or authorized dealer.

The consumer shall have the unconditional right to choose a refund rather than a replacement

vehicle and to drive the vehicle until he receives either the replacement vehicle or the refund.

Mileage, expenses, and reasonable loss of use necessitated by attempts to conform the vehicle to

the express warranty may be recovered by the consumer.

The manufacturer, its agent or dealer shall be allowed the subtraction of a reasonable

allowance for use by the consumer whether the consumer chooses a replacement vehicle or a

refund.