West Virginia Lemon Law
West Virginia Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to West Virginia consumers of defective
automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and
products. To qualify under the West Virginia Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair
attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. The
following comments
briefly explain the Washington Lemon Law and how it applies to you.
This message is not a substitute for contacting a lawyer who can best advise you of your rights. If you think you qualify for a Lemon Law,
click here for a free West Virginia Lemon Law case review or for an immediate
evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation.
State of West Virginia
Office of Attorney General
Consumer Protection Division
Lemon Law
What are my rights under the
West Virginia Lemon Law?
The Lemon Law places upon the manufacturers of motor vehicles the duty to meet their obligations
and responsibilities under the terms of the express warranties extended to consumers in West
Virginia.
What is the first step in determining whether or not my vehicle may be a
Lemon?
The Lemon Law applies to passenger automobiles, including pickup trucks and vans and any
self-propelled motor vehicle chassis of motor homes sold new to a consumer in the State.
The vehicle must either still be covered by the express warranty and the consumer reports the
problem to the manufacturer during the term of that express warranty or during the period of one
year following the date of original delivery to the consumer, whichever is the later date.
How many times does my new vehicle have to be submitted for repair
before it can be considered a Lemon?
If the manufacturer, its agents, or its authorized dealer are unable to conform your new
vehicle to any applicable express warranty by repairing or correcting any defect after a
reasonable number of attempts, the manufacturers shall replace the new motor vehicle with a
comparable new motor vehicle which does conform to the warranties.
What is considered a reasonable number of attempts?
It is presumed that a reasonable number of attempts have been undertaken if the same
unconformity has been subject to repair three or more times within the above-referenced time
frame.
It is important to note that if the nonconformity results in a condition which is likely to
cause death or serious bodily injury if the vehicle is driven, the vehicle may have been subject
to repair one time.
Is the manufacturer required to inform consumers of their rights under
the Lemon Law?
Yes! At the time of purchase, the manufacturer, either directly or through its agent or its
authorized dealer, must provide the consumer a written statement on a separate piece of paper, in
ten point all capital type, in substantially the following form:
"IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO A
REPLACEMENT OR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO A REPLACEMENT OR TO COMPENSATION, YOU
MUST FIRST NOTIFY THE MANUFACTURER OF THE PROBLEM IN WRITING AND PROVIDE THE MANUFACTURER AN
OPPORTUNITY TO REPAIR THE VEHICLE."
Does a dealer have a duty to inform consumers of any repairs that have
been performed on a new vehicle?
Yes, if the repairs have a retail value of $500.00 or more and were performed after shipment
from the manufacturer to the dealer, including damage to the new motor vehicle while in transit.
This disclosure must be in writing and does not apply to identical replacement of stolen or
damaged accessories or their components, tires or antennae.
If I believe my vehicle is a Lemon what should I do?/p>
Initially, a consumer that feels they have a valid claim under the Lemon Law should attempt to
resolve the issue with the manufacturer. You may choose to contact the manufacturer through the
dealer from whom you purchased the car, or you may prefer to contact the manufacturer directly.
If this is not successful, you may want to consult with a lawyer. Often the manufacturer or
dealer will suggest you submit your claim to arbitration. In West Virginia you do not have to
arbitrate your claim before filing a lawsuit.
The consumer may be awarded all or any portion of the following:
- Revocation of acceptance and refund of the purchase price, including, but not limited to,
sales tax, license and registration fees, and other reasonable expenses incurred for the
purchase of the new motor vehicle, or if there be no such revocation of acceptance, damages
for diminished value of the motor vehicle.
- Damages for the cost of repairs reasonably required to conform the motor vehicle to the
express warranty.
- Damages for the loss of use, annoyance or inconvenience resulting from the nonconformity,
including, but not limited to, reasonable expenses incurred for replacement transportation
during any period when the vehicle is out of service by reason of the nonconformity or by
reason of repair.
- Reasonable attorney fees.
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