WV Lemon Law Statutes

West Virginia Lemon Law Qualifications

Vehicles Covered

The West Virginia lemon law covers a "motor vehicle", meaning a passenger automobile purchased in West Virginia or registered and titled in West Virginia . This includes a pickup truck or van registered as a Class A motor vehicle, and any self - propelled chassis of a mo tor home registered as a Class A or Class B motor vehicle.

C lass A registration applies to motor vehicles of passenger type and trucks with a gross weight of not more than eight thousand pounds. Class B registration applies to motor vehicles designated as trucks with a gross weight of more than eight thousand pounds, truck tractors or road tractors.

Consumers Covered

The lemon law covers the following consumers:

  • The purchaser, other than for purposes of resale, of a new motor vehicle that is used primarily for personal, family, or household purposes;
  • A person to whom the new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle; and
  • Any other person entitled by the terms of the warranty to enforce its obligations.

Problems Covered

The lemon law covers a defect or condition that substantially impairs the use or market value of the motor vehicle to the consumer. This is referred to as a nonconformity.

The lemon law provides an affirmative defense if it can be shown that the alleged nonconformity does not substantially impair the use or market value of the vehicle, or the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations by anyone other than the manufacturer, its agent, or authorized dealers.

Reasonable Number Of Repair Attempts

The West Virginia lemon law establishes a presumption that a reasonable number of attempts have been undertaken to conform the new motor vehicle to the applicable express warranties if, within the term of the express warranties or within one year following the date of the motor vehicle's original delivery to a consumer, whichever is earlier, any of the following occurs:

  • The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or authorized dealers, and the nonconformity continues to exist;
  • A nonconformity that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven, has been subject to repair at least once by the manufacturer and the nonconformity continues to exist; or
  • The motor vehicle is out of service by reason of repair for a cumulative total of 30 or more calendar days.

The term of an express warranty, the one - year period and the thirty day period are extended by any period during which repairs are unavailable because of a war, invasion, strike or fire, flood or other natural disaster.

West Virginia Arbitration Requirements

A consumer may not assert a cause of action under the lemon law unless the consumer initially resorts to a third party dispute resolution process if:

  • The West Virginia Attorney General has certified that the third party dispute resolution process complies with 16 C.F.R. Part 703 and with the lemon law and regulations; and
  • The consumer received timely notification in writing of the availability of the third party dispute resolution process with a description of its operation and effect.
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