A friend told me I had 3 days to cancel a contract. Is that true?
Only in certain types of transactions such as home solicitation sales over $25, health spa contracts, and a few others does the consumer have the right to cancel a contract. That's why it is so important to make sure you understand the contract and can afford the purchase before signing. Most of the calls we receive are from consumers who have signed a purchase agreement to buy a vehicle and later decide they can't afford it or they find something they like better. In those cases, unless the dealer will voluntarily void the contract or there have been changes to the financial agreement, the consumer is obligated to the terms of the contract.
If I make a purchase at a retail store and decide I want to return the item, is the store required to give me a refund?
It all depends on the store policy. Just as consumers have the right to choose the store in which they shop, merchants have the right to choose their policies for refunds and exchanges. If their policy is anything other than a refund within 21 days, the store must post a sign in a readily readable area which informs the consumers of all conditions. If the policy is merchandise credit only or if no returns are allowed, that information must also be disclosed on a sign. Consumers must consider the policies prior to making the purchase.
I'm going to be buying a car in the near future. Do I have the same protection whether I buy a new or used car?
No. When purchasing a used vehicle, the only warranty protection you have is what the dealer gives you. If you buy it "as is", any necessary repairs after the purchase is your responsibility. That is why it is so important to shop around to compare price and financing, have the vehicle inspected by a reputable mechanic prior to purchase, and to understand the warranty. New vehicles are protected by the manufacturer's warranty and by the Motor Vehicle Warranty Enforcement Act, also known as the "lemon law"
What is the lemon law?
The lemon law provides relief if a new vehicle, within the first 18 months of ownership, has been subject to repair 3 or more times for the same defect, one or more times for a serious safety defect, or is out of service due to repair for a cumulative total of 30 days and the defect still exists. If any of those situations exist, the consumer must notify the manufacturer in writing, giving them an additional opportunity, not to exceed 15 days, to correct or repair the nonconformity. If the defect is still not corrected, the consumer has the right to arbitrate or file suit in court for a refund or replacement vehicle.
I called a repair shop and got a verbal estimate for repairs to my car. When I went to pick it up, the cost was higher than what I was quoted. How could I have prevented this unpleasant surprise?
Sometimes the mechanic cannot give an accurate estimate without doing some preliminary inspection. The only way to prevent those kinds of surprises is to request a written estimate. The Automobile Repair Facilities Act requires written estimates only when requested by a customer. When a written estimate is given, the bill cannot exceed more than 10% unless the customer has authorized additional work. The repair shop can charge for written estimates, but any fees or conditions must be disclosed prior to service.
I noticed on my repair bill that I was charged more for spark plugs than what I can buy them for in the auto parts store. Is that legal?
Yes. There are only a few instances (i.e. utilities) of price control. Prices vary in all types of sales and services, so it is important to comparison shop before making a purchase.
I am renting an apartment and the landlord has not corrected some discrepancies that have existed for some time. What can I do?
Depending on the type of discrepancies, you may be able to request an inspection by the Code Enforcement Division at (757) 385-4421, or if you have given written notice to the landlord and kept a copy, you may be able to put your rent money in an escrow account with General District Court.
When should I expect the return of my security deposit after I vacate?
The landlord has 45 days to refund a security deposit along with a list specifying any deductions, if applicable. Landlord/tenant issues comprise a majority of the calls we receive. Many of the problems could be prevented or resolved if landlords and tenants knew their rights and responsibilities. The Landlord/Tenant Handbook can be downloaded at Virginia DHCD (Department of Housing and Community Development) forms and publications webpage.
I own a business in Virginia Beach and want to have a going out of business sale. What do I need to do?
You should call the Virginia Beach Consumer Affairs Program at (757) 385-5836. State and City Codes require that anyone who advertises or conducts a sale for the purpose of discontinuing a retail business have a valid permit issued by the Consumer Affairs Program. Applications for a permit must be accompanied by an inventory and a fee. Violations of the codes are punishable as a Class 1 misdemeanor.
If you have additional questions or would like information on other consumer issues, call the Virginia Beach Consumer Affairs Program at (757) 385-5836 or use the information request form.
| Contact Information: |
| Consumer Affairs |
| 2425 Nimmo Pkwy. |
| Judicial Center, Bldg. 10B |
| Virginia Beach, VA 23456 |
| Direct: (757) 385-5836 |
| OCACAAdmin@vbgov.com |
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