Last verified: February 2026
Key Points
- Primary Law: West Virginia Lemon Law (W. Va. Code §§ 46A-6A-1 to 46A-6A-9)
- Coverage: New passenger automobiles, pickup trucks, vans, and motor home chassis
- Presumption: 3 repair attempts OR 30+ days out of service; 1 attempt for life-threatening defects
- Timeframe: Warranty period or 1 year, whichever is longer
- Remedies: Replacement vehicle, refund, diminished value, or repair costs
- Attorney Fees: Consumers may recover reasonable attorney fees
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Recovery |
|---|---|---|
| Failure to repair after reasonable attempts | Replacement vehicle required | Civil action available |
| Substantial impairment not cured | Revocation and refund, or diminished value | Attorney fees, loss of use damages |
| Life-threatening defect not cured after 1 attempt | Accelerated presumption triggers | Full remedies available |
Table of Contents
📑 Table of Contents (click to expand)
- The West Virginia Lemon Law
- What Vehicles Are Covered
- West Virginia’s Lemon Law Presumption
- Consumer Remedies
- How to File a Lemon Law Claim
- Written Notice Requirements
- Third Party Dispute Resolution
- Manufacturer Defenses
- Dealer Disclosure Requirements
- Resale of Returned Vehicles
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
The West Virginia Lemon Law
West Virginia’s lemon law, codified at W. Va. Code §§ 46A-6A-1 to 46A-6A-9, provides strong protections for consumers who purchase defective new motor vehicles in the Mountain State. The legislature explicitly declared that the purpose of the law is to place upon manufacturers the duty to meet their warranty obligations, with manufacturers bearing the total cost of compliance.
A notable feature of West Virginia’s law is its strong policy against cost-shifting to dealers. The legislature found that any agreement between a dealer and manufacturer that transfers warranty compliance costs to the dealer is void and against public policy. This ensures manufacturers cannot evade their responsibilities by passing costs downstream.
West Virginia also provides an accelerated presumption for safety-critical defects. If a nonconformity is likely to cause death or serious bodily injury, the presumption of reasonable repair attempts is triggered after just one repair attempt rather than the standard three.
What Vehicles Are Covered
West Virginia’s lemon law covers specific categories of new motor vehicles purchased or registered in the state.
Covered Vehicle Types
- Passenger automobiles: Purchased in West Virginia or registered and titled in the state
- Pickup trucks: Registered as Class A motor vehicles (gross weight not more than 8,000 pounds)
- Vans: Registered as Class A motor vehicles
- Motor home chassis: Self-propelled chassis registered as Class A or Class B motor vehicles (the living quarters portion has separate warranty considerations)
Vehicle Registration Classes
- Class A: Motor vehicles of passenger type and trucks with a gross weight of not more than 8,000 pounds
- Class B: Trucks with a gross weight of more than 8,000 pounds, truck tractors, or road tractors
Vehicles NOT Covered
- Used vehicles
- Motorcycles
- The living portion of motor homes (only the chassis is covered)
- Vehicles purchased primarily for business purposes
- Vehicles not purchased or registered in West Virginia
Consumer Definition
The law covers the purchaser (other than for resale) of a new motor vehicle used primarily for personal, family, or household purposes, any person to whom the vehicle is transferred during the warranty period, and any other person entitled to enforce the warranty.
West Virginia’s Lemon Law Presumption
Under W. Va. Code § 46A-6A-5, West Virginia law creates presumptions that a reasonable number of repair attempts have been made under certain conditions.
Standard Presumption
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 3 or more attempts | Same nonconformity repaired by manufacturer, agents, or dealers |
| Days Out of Service | 30 or more cumulative calendar days | Vehicle unavailable due to repair of nonconformities |
| Coverage Period | Warranty term OR 1 year | Whichever is earlier from date of original delivery |
Accelerated Presumption for Safety Defects
If the nonconformity results in a condition likely to cause death or serious bodily injury if the vehicle is driven, the presumption is triggered after:
- Just one repair attempt within the warranty term or one year (whichever is earlier)
- The nonconformity continues to exist after that single attempt
Prior Written Notice Required
The presumption only applies against a manufacturer if:
- The manufacturer has received prior written notification from the consumer
- The manufacturer has had at least one opportunity to cure the defect alleged
Extensions to Time Periods
The warranty term, one-year period, and 30-day out of service period may be extended during any time when repair services are unavailable due to:
- War or invasion
- Strike
- Fire, flood, or other natural disaster
Consumer Remedies
West Virginia provides a broader range of remedies than many other states, including not only replacement or refund but also diminished value damages.
Primary Remedy: Replacement Vehicle
Under W. Va. Code § 46A-6A-3, if the manufacturer fails to repair or correct any defect substantially impairing use or market value after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable new motor vehicle that conforms to the warranties.
Civil Action Remedies
Under W. Va. Code § 46A-6A-4, if the manufacturer has not replaced the vehicle or substantial impairment continues after reasonable repair attempts, the consumer may bring a civil action and recover any of the following:
Option 1: Revocation of Acceptance and Full Refund
- Full purchase price: Including the complete sales price
- Sales tax: All applicable state and local taxes
- License and registration fees: DMV costs
- Other reasonable expenses: Incurred for the purchase
Option 2: Diminished Value
If not seeking revocation, the consumer may recover damages for the diminished value of the motor vehicle caused by the nonconformity.
Additional Recovery in All Cases
- Cost of repairs: Damages for repairs reasonably required to conform the vehicle to warranty
- Loss of use damages: Annoyance or inconvenience resulting from the nonconformity
- Replacement transportation: Reasonable expenses for rental or alternative transportation while the vehicle was out of service
- Reasonable attorney fees: Available to prevailing consumers
How to File a Lemon Law Claim in West Virginia
Filing a successful lemon law claim in West Virginia requires careful documentation and compliance with notice requirements.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record the dates your vehicle was in the shop
- Document the symptoms you experienced
- Save all correspondence with the dealer and manufacturer
- Take photos or videos of defects when possible
Step 2: Report the Nonconformity
Report the problem to the manufacturer, its agent, or authorized dealer during the warranty term or within one year of original delivery, whichever is longer.
Step 3: Provide Written Notification to Manufacturer
Before the presumption can apply, you must give prior written notification to the manufacturer and allow at least one opportunity to cure the defect.
Step 4: Check for Third Party Dispute Resolution
If a qualified third party dispute resolution process exists and you received timely written notice of its availability, you must resort to that process before filing a lawsuit.
Step 5: File Civil Action if Necessary
If the manufacturer fails to provide relief through replacement or the dispute resolution process, you may file a civil action in circuit court.
Written Notice Requirements
West Virginia requires manufacturers to provide a specific written statement to consumers at the time of purchase.
Required Consumer Disclosure
Under W. Va. Code § 46A-6A-6, at the time of purchase, the manufacturer must provide a written statement on a separate piece of paper, in 10-point all capital type, in substantially the following form:
“IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO 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.”
Third Party Dispute Resolution
Under W. Va. Code § 46A-6A-8, the Attorney General is authorized to establish and qualify third party dispute resolution mechanisms.
Dispute Resolution Requirements
- Mechanisms must be under supervision of the Division of Consumer Protection
- Must meet or exceed minimum requirements of the Magnuson-Moss Warranty Act
- Must comply with FTC rules and regulations (16 CFR Part 703)
When Dispute Resolution is Required
If a qualified third party process exists and the consumer receives timely written notification of its availability and operation, the consumer must first resort to that process before filing a civil action under the lemon law.
If Dissatisfied with the Decision
If the consumer is dissatisfied with the third party decision, or if the manufacturer fails to promptly fulfill its terms, the consumer may then pursue a civil action.
Tolling of Limitations
Any period of limitation is tolled from the date a complaint is filed with the third party process until the date of the decision or the date by which the manufacturer was required to fulfill its terms, whichever is later.
Manufacturer Defenses
Under W. Va. Code § 46A-6A-4(c), manufacturers have limited affirmative defenses.
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| No substantial impairment | Alleged nonconformity does not substantially impair use or market value | Document how defect affects daily use and resale value |
| Abuse or neglect | Nonconformity resulted from consumer abuse or neglect | Provide maintenance records showing proper care |
| Unauthorized modifications | Modifications or alterations by persons other than manufacturer caused the defect | Show defect existed before modifications or is unrelated |
Dealer Protection
The statute explicitly provides that:
- The cause of action is available only against the manufacturer, not the dealer
- Authorized dealers shall not be held liable by the manufacturer for refunds or replacements absent evidence of substantially inconsistent repairs
- Any agreement transferring manufacturer warranty costs to dealers is void as against public policy
Dealer Disclosure Requirements
Under W. Va. Code § 46A-6A-3a, authorized dealers of new motor vehicles must disclose certain pre-sale repairs to consumers.
Required Disclosure
Dealers must provide written disclosure of any repairs to a new motor vehicle that:
- Have a retail value of 5% or more of the manufacturer’s suggested retail price
- Were performed after shipment from the manufacturer to the dealer
- Include damage to the vehicle while in transit
Disclosure Exceptions
The disclosure requirement does not apply to:
- Identical replacement of stolen or damaged accessories or their components
- Tires
- Antennae
Not a “New” Vehicle
For purposes of this section, a vehicle is not considered a new motor vehicle when it has been previously titled or has been damaged in a manner that would substantially impair its value and usability if the damage were not repaired.
Resale of Returned Vehicles
Under W. Va. Code § 46A-6A-7, vehicles returned under the lemon law (or a similar statute of another state) may not be resold in West Virginia unless the manufacturer:
- Corrects the nonconformity
- Provides the consumer with a written statement on a separate piece of paper, in 10-point all capital type, stating substantially:
“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER’S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY WEST VIRGINIA LAW.”
Dealer Protection on Resale: No manufacturer may require, by agreement or otherwise, that any of its authorized dealers in West Virginia accept a lemon buyback vehicle for resale.
Statute of Limitations
Under W. Va. Code § 46A-6A-4(d), any action brought under the lemon law must be commenced within one year of the expiration of the express warranty term.
Frequently Asked Questions
How many repair attempts does West Virginia require before a vehicle is considered a lemon?
West Virginia law presumes a reasonable number of attempts have been made if the same nonconformity has been subject to repair three or more times and continues to exist, or if the vehicle has been out of service for 30 or more cumulative calendar days. For defects likely to cause death or serious bodily injury, only one repair attempt is required. These conditions must occur within the warranty term or one year from delivery, whichever is earlier.
What makes West Virginia’s lemon law unique?
West Virginia has several distinctive features: an accelerated one-attempt presumption for life-threatening defects, explicit prohibition against manufacturers shifting warranty costs to dealers, diminished value damages as an alternative to buyback, and strong dealer protection provisions.
Does West Virginia’s lemon law cover motor homes?
West Virginia’s lemon law covers only the self-propelled chassis of motor homes, not the living quarters portion. The chassis must be registered as a Class A or Class B motor vehicle.
Can I get diminished value instead of a refund in West Virginia?
Yes, West Virginia is one of the few states that explicitly allows consumers to recover damages for diminished value if they choose not to pursue revocation and refund. This may be preferable if the defect has been repaired but the vehicle’s market value has been permanently affected.
What written notice must the manufacturer provide at purchase?
The manufacturer must provide a written statement on a separate piece of paper, in 10-point all capital type, informing the consumer that they may be entitled to replacement or compensation for a defective vehicle, but must first notify the manufacturer in writing and provide an opportunity to repair.
Do I have to use a dispute resolution program before suing?
If a qualified third party dispute resolution process exists and you received timely written notice of its availability, you must use that process first. However, if dissatisfied with the decision or if the manufacturer fails to comply, you may then file a civil action.
Can I recover attorney fees in West Virginia?
Yes, reasonable attorney fees are available to consumers who prevail in civil actions under the lemon law.
Resources and Legal Help
Official Resources
- West Virginia Lemon Law (Full Text)
- West Virginia Attorney General: Consumer Protection Division
- BBB AUTO LINE: West Virginia Lemon Law Information