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.
The lemon law covers the following consumers:
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.
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 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.
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: