WEST VIRGINIA Lemon Law:
W. Va. Code §§ 46A-6A-1 to 46A-6A-9
Vehicles covered: Passenger vehicles, pick-up trucks, vans, and
motor portion of motor homes sold in state, subject to registration
(§ 46A-6A-2(4)). No reference to leased vehicles.
Persons covered: Purchasers, transferees during express warranty
period, or any person entitled to enforce the warranty (§ 46A-6A-
Period covered: Whichever comes later: expiry of term of express
warranty or one year from date of delivery (§ 46A-6A-3(a)).
Disclosure requirements: Manufacturer must provide separate
statement of rights as specified (§ 46A-6A-6); dealer must provide
notice if repairs have been made to a vehicle after receipt from the
manufacturer if repairs cost more than $500 (§ 46A-6A-3a).
Required consumer notice: Report nonconformity to manufacturer,
agent or authorized dealer (§ 46A-6A-3(a)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
three or more repairs, if the vehicle is out of service for a
cumulative total of thirty or more calendar days, or if there has
been one repair and the nonconformity is likely to cause death or
serious bodily harm (§ 46A-6A-5(a), (b)).
Affırmative defenses: The nonconformity does not substantially
impair the use or market value, or is the result of the consumer’s
abuse, neglect, or unauthorized modifications or alterations
(§ 46A-6A-4(c)); statute of limitations (§ 46A-6A-4(d)).
Replace/refund: The manufacturer shall replace the nonconforming
vehicle with a comparable new motor vehicle (§ 46A-6A-3(b)).
Other reimbursement: In a civil action, a consumer may be
awarded refund of the purchase price, including taxes, fees, and
expenses, plus damages for loss of use and attorney fees (§ 46A-
Other remedies: There is no limit on other consumer remedies
(§ 46A-6A-9). Liability under lemon law limited to manufacturer
Informal dispute resolution: For remedies under this section a
consumer must use an informal dispute settlement procedure,
provided the procedure complies with 16 C.F.R. pt. 703, as determined
by the attorney general (§ 46A-6A-8(a)).
Resale of lemon: Full disclosure required (§ 46A-6A-7).