Virginia
West Virginia Lemon Law (2026): How to Qualify & Get a Refund
West Virginia's lemon law, codified at W. Va. Code sections 46A-6A-1 through 46A-6A-9, protects new-vehicle buyers when a manufacturer cannot fix a defect after three repair attempts or 30 cumulative days out of service within the warranty period or one year of delivery, whichever comes first. Qualifying consumers may demand a replacement vehicle or bring a civil action for a full refund, diminished value damages, or other compensation.
West Virginia protects consumers who buy defective new vehicles through its lemon law, found in W. Va. Code sections 46A-6A-1 through 46A-6A-9. If a new car, truck, or van has a serious defect that the manufacturer cannot fix after a reasonable number of attempts, the consumer can demand a replacement vehicle or file a civil action for a full refund, diminished value damages, or other compensation.
This guide covers every part of the West Virginia lemon law, including which vehicles qualify, how many repair attempts you need, what remedies are available, and how to file a claim.
Which Vehicles Does the West Virginia Lemon Law Cover
West Virginia's lemon law applies to specific categories of new motor vehicles purchased or registered in the state. The law defines covered vehicles in W. Va. Code section 46A-6A-2.
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 that are self-propelled and registered as Class A or Class B motor vehicles (the living quarters portion has separate warranty considerations)
- Electric and hybrid vehicles that fall into any of the above categories and meet registration requirements
- Self-propelled farming vehicles with 20 or more horsepower that are designed primarily for, and used in, the occupation or business of farming, provided they carry a manufacturer's express warranty
Vehicle Registration Classes
West Virginia groups vehicles into registration classes that determine lemon law eligibility:
- 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 (previously titled)
- Motorcycles
- The living portion of motor homes (only the self-propelled chassis qualifies)
- Vehicles purchased primarily for business purposes
- Vehicles not purchased or registered in West Virginia
Who Counts as a Consumer
Under the statute, a consumer includes the original purchaser (other than for resale) of a new motor vehicle used primarily for personal, family, or household purposes. It also includes any person to whom the vehicle is transferred during the warranty period and any other person entitled to enforce the warranty.
The Lemon Law Presumption in West Virginia
West Virginia law creates a legal presumption that a reasonable number of repair attempts have been made when certain conditions are met. This presumption is spelled out in W. Va. Code section 46A-6A-5.
Standard Presumption Triggers
| Condition | Threshold | Details |
|---|---|---|
| Same defect repaired | 3 or more attempts | The same nonconformity has been subject to repair by the manufacturer, its agents, or authorized dealers |
| Out of service | 30 or more cumulative calendar days | The vehicle has been unavailable to the consumer because of repair of one or more nonconformities |
| Coverage window | Warranty term OR 1 year from delivery | Whichever ends first from the date of original delivery to the consumer |
Accelerated Trigger for Life-Threatening Defects
West Virginia provides faster relief when a defect poses a danger to life. If the nonconformity creates a condition likely to cause death or serious bodily injury and the vehicle is driven, the presumption triggers after just one repair attempt within the warranty term or one year (whichever is earlier).
This accelerated provision makes West Virginia one of the more consumer-friendly lemon law states for safety-related defects.
Written Notice Requirement
The presumption applies against a manufacturer only when two conditions are met:
- The manufacturer has received prior written notification from the consumer
- The manufacturer has had at least one opportunity to cure the alleged defect
Consumers should send written notice by certified mail or another method that provides proof of delivery.
Extensions for Extraordinary Circumstances
The warranty term, one-year period, and 30-day out-of-service period may each be extended during any time when repair services are unavailable because of war, invasion, strike, fire, flood, or other natural disaster.
Consumer Remedies Under the West Virginia Lemon Law
West Virginia provides a two-track remedy system. The manufacturer's first obligation is to replace the vehicle. If replacement does not happen, the consumer may file a civil action and elect from a broader menu of remedies.
Track 1: Manufacturer's Replacement Obligation
Under W. Va. Code section 46A-6A-3, if the manufacturer fails to repair or correct any defect that substantially impairs the use or market value of the vehicle after a reasonable number of attempts, the manufacturer must replace it with a comparable new motor vehicle that conforms to the warranties.
Track 2: Civil Action Remedies (Consumer's Choice)
Under W. Va. Code section 46A-6A-4, if the manufacturer has not replaced the vehicle or the substantial impairment continues after reasonable repair attempts, the consumer may file a civil action. The consumer chooses which remedy to pursue.
Option 1: Revocation of Acceptance and Full Refund
The consumer may revoke acceptance and recover:
- The full purchase price, including the complete sales price
- All applicable state and local sales tax
- License and registration fees paid to the DMV
- Other reasonable expenses incurred because of the purchase
West Virginia's statute contains no mileage or usage offset formula. Unlike many other states, nothing in W. Va. Code sections 46A-6A-1 through 46A-6A-9 authorizes a deduction for miles driven before the lemon claim is filed.
Option 2: Diminished Value Damages
If the consumer does not want to return the vehicle, they can instead recover damages for the diminished market value caused by the nonconformity. West Virginia is one of a handful of states that explicitly provides this alternative.
Additional Recovery Available in All Cases
- Cost of repairs reasonably required to bring the vehicle into warranty conformity
- Loss of use damages for annoyance or inconvenience caused by the nonconformity
- Replacement transportation costs, including reasonable expenses for rental cars or other transportation while the vehicle was out of service
- Reasonable attorney fees for consumers who prevail in court
How to File a Lemon Law Claim in West Virginia
Filing a successful claim requires careful documentation and strict compliance with the notice requirements in the statute.
Step 1: Document Everything
Start building your paper trail from the first sign of trouble:
- Keep every repair order and invoice
- Record the exact dates your vehicle enters and leaves the shop
- Write down the symptoms you experience each time
- Save all emails, letters, and text messages with the dealer and manufacturer
- Take photos or videos of the defect whenever possible
Step 2: Report the Problem Within the Coverage Period
Report the nonconformity to the manufacturer, its agent, or an authorized dealer during the warranty term or within one year of original delivery, whichever is longer.
Step 3: Send Written Notice to the Manufacturer
Before the presumption can work in your favor, you must give the manufacturer prior written notification and allow at least one opportunity to cure the defect. Send this notice by certified mail with return receipt requested.
Step 4: Check for a Third-Party Dispute Resolution Program
If a qualified third-party dispute resolution process exists and you received timely written notice of its availability, you must use that process before filing a lawsuit. The West Virginia Attorney General's Consumer Protection and Antitrust Division oversees these programs.
Step 5: File a Civil Action if Needed
If the manufacturer does not provide relief through replacement or the dispute resolution process, you may file a civil action in circuit court. The statute of limitations is one year after the expiration of the express warranty term.
Written Disclosure the Manufacturer Must Provide
West Virginia requires manufacturers to give buyers a specific written statement at the time of purchase. Under W. Va. Code section 46A-6A-6, this statement must appear on a separate piece of paper, printed in 10-point all-capital type, and read substantially as follows:
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.
If the manufacturer fails to provide this disclosure, it may weaken the manufacturer's position in any later dispute.
Third-Party Dispute Resolution
Under W. Va. Code section 46A-6A-8, the Attorney General may establish and qualify third-party dispute resolution mechanisms for lemon law claims.
Program Requirements
- Programs must operate under the supervision of the Consumer Protection and Antitrust Division
- They must meet or exceed the minimum requirements of the federal Magnuson-Moss Warranty Act ()
- They must comply with FTC rules at 16 CFR Part 703
When You Must Use Dispute Resolution First
If a qualified program exists and the consumer received timely written notice of its availability, the consumer must use that program before filing a civil action.
If You Disagree With the Decision
Consumers who are dissatisfied with the third-party decision, or whose manufacturer fails to promptly follow the decision, may then file a civil action in court.
Tolling of the Limitations Period
The statute of limitations is paused (tolled) from the date the consumer files a complaint with the dispute resolution program until either the date of the decision or the date by which the manufacturer was required to comply, whichever is later.
Manufacturer Defenses
Under W. Va. Code section 46A-6A-4(c), manufacturers may raise limited affirmative defenses.
| Defense | What the Manufacturer Claims | How Consumers Can Respond |
|---|---|---|
| No substantial impairment | The alleged defect does not substantially impair the vehicle's use or market value | Document how the defect affects daily driving and resale value |
| Consumer abuse or neglect | The nonconformity resulted from how the consumer treated the vehicle | Provide maintenance records showing proper care |
| Unauthorized modifications | Modifications by someone other than the manufacturer caused the defect | Show the defect existed before any modifications or is unrelated |
Dealer Protection Provisions
The West Virginia lemon law includes strong protections for authorized dealers:
- The cause of action runs only against the manufacturer, not the dealer
- Dealers cannot be held liable by the manufacturer for refunds or replacements unless there is evidence of substantially inconsistent repairs
- Any agreement that tries to shift the manufacturer's warranty costs to a dealer is void as against public policy
Dealer Disclosure Requirements for Pre-Sale Repairs
Under W. Va. Code section 46A-6A-3a, authorized dealers of new motor vehicles must tell consumers about certain repairs performed before the sale.
What Must Be Disclosed
Dealers must provide written disclosure of any repair to a new motor vehicle that:
- Has a retail value of 5% or more of the manufacturer's suggested retail price (MSRP)
- Was performed after shipment from the manufacturer to the dealer
- Includes damage to the vehicle while in transit
Exceptions to the Disclosure Rule
The disclosure requirement does not apply to identical replacement of stolen or damaged accessories or their components, tires, or antennae.
Resale of Lemon Buyback Vehicles
Under W. Va. Code section 46A-6A-7, vehicles returned under the lemon law (or a similar law of another state) may not be resold in West Virginia unless two conditions are met:
- The manufacturer corrects the nonconformity
- The manufacturer provides the next buyer with a written statement on a separate piece of paper, in 10-point all-capital type, reading 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.
Manufacturers cannot require any of their authorized dealers in West Virginia to accept a lemon buyback vehicle for resale.
Statute of Limitations
Under W. Va. Code section 46A-6A-4(d), any lemon law action must be filed within one year of the expiration of the express warranty term. Missing this deadline means losing the right to sue under the lemon law, although other legal theories (such as breach of warranty under the UCC or federal Magnuson-Moss claims) may still be available.
The Federal Magnuson-Moss Warranty Act Overlay
The federal Magnuson-Moss Warranty Act ( et seq.) provides a parallel layer of protection for West Virginia consumers. Even if a vehicle does not meet the state's three-attempt or 30-day threshold, a consumer may still have a federal claim if the manufacturer has failed to honor a written warranty within a reasonable time.
Federal claims can be filed in federal district court or in state court, and the prevailing consumer may recover costs and attorney fees. West Virginia's lemon law expressly preserves all federal remedies: W. Va. Code section 46A-6A-9 confirms that nothing in the state statute limits rights available under other laws, including Magnuson-Moss.
Electric and Hybrid Vehicle Coverage
West Virginia's lemon law does not contain separate provisions for electric vehicles (EVs) or plug-in hybrids. However, any EV or hybrid that qualifies as a new passenger automobile, pickup truck, or van registered as a Class A motor vehicle falls under the same protections.
Common EV-specific defects that may trigger lemon law claims include:
- Battery range significantly below manufacturer specifications
- Repeated charging system failures
- Defective battery thermal management systems
- Software malfunctions affecting drivetrain performance
Because EV technology is relatively new, manufacturers may need additional time to diagnose and repair certain issues. Consumers should document every repair visit carefully, noting the specific nature of each complaint and whether the problem recurs.
Other Legal Remedies Available
Under W. Va. Code section 46A-6A-9, the lemon law does not limit any rights or remedies available under other statutes. West Virginia consumers may also pursue:
- Federal Magnuson-Moss Warranty Act claims (15 U.S.C. 2301) for additional warranty protections
- Breach of warranty claims under the Uniform Commercial Code
- West Virginia Consumer Credit and Protection Act claims for unfair or deceptive practices
- Common law fraud or misrepresentation claims if the manufacturer or dealer concealed a known defect
More West Virginia Laws
Frequently Asked Questions
How many repair attempts trigger West Virginia's lemon law presumption?
West Virginia law presumes a reasonable number of attempts have been made when the same defect has been repaired three or more times and continues to exist, or 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 needed. These conditions must occur within the warranty term or one year from delivery, whichever comes first.
Does West Virginia deduct mileage from a lemon law refund?
No. West Virginia's lemon law statute contains no mileage offset or usage deduction formula. If you revoke acceptance and obtain a refund under W. Va. Code section 46A-6A-4, you are entitled to recover the full purchase price plus sales tax, license and registration fees, and other reasonable expenses, with no reduction for miles driven.
Can I recover 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 the diminished market value of a defective vehicle as an alternative to revoking acceptance and getting a refund. This option may be preferable when the defect has been repaired but the vehicle's resale value has been permanently reduced.
Does the West Virginia lemon law cover motor homes?
The lemon law covers only the self-propelled chassis of a motor home, not the living quarters portion. The chassis must be registered as a Class A or Class B motor vehicle. Defects in appliances, plumbing, or other living-area components are not covered under the lemon law, though other warranty protections may apply.
Do I have to use a dispute resolution program before suing in West Virginia?
If a qualified third-party dispute resolution process exists and you received timely written notice about it, you must use that process before filing a lawsuit. If you are dissatisfied with the result or the manufacturer does not follow the decision, you may then file a civil action in circuit court.
What is the statute of limitations for a West Virginia lemon law claim?
You must file a lemon law action within one year after the expiration of the express warranty term. The limitations period is paused during any time a complaint is pending before a third-party dispute resolution program.
Are farm tractors covered by the West Virginia lemon law?
Yes, under limited conditions. A self-propelled farming vehicle with 20 or more horsepower that is designed primarily for, and used in, the occupation or business of farming qualifies as a motor vehicle under W. Va. Code section 46A-6A-2, provided it carries a manufacturer's express warranty. Standard passenger-car thresholds (three repair attempts or 30 days out of service) apply.
Updates
Governing law re-checked for recent changes
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 11 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
United States Code Title 15
§ 2301DefinitionsIn forcecited in 39 of our articles
For the purposes of this chapter: The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed). The term “Commission” means the Federal Trade Commission. The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract). The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers. The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Cited in 1,671 court opinionsMost recently applied by a court: 2026
Leading cases: John F. "Jack" Walsh v. Ford Motor Company (Court of Appeals for the D.C. Circuit 1986, 807 F.2d 1000) · Birdsong v. Apple, Inc. (Court of Appeals for the Ninth Circuit 2009, 590 F.3d 955) · Robert E. Kelly Virginia L. Kelly v. Fleetwood Enterprises, Inc. (Court of Appeals for the Ninth Circuit 2004, 377 F.3d 1034)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Lemon Law (2026): How to Qualify & Get a Refund, Washington Lemon Law (2026): How to Qualify & Get a Refund, Alabama Lemon Law (2026): How to Qualify and Get a Refund
West Virginia Code
§ 1Legislative declarations.In forcecited in 2 of our articles
(1) The Legislature hereby finds and declares as a matter of public policy that the purpose of this article is to place upon the manufacturers of motor vehicles the duty to meet their obligations and responsibilities under the terms of the express warranties extended to the consumers in this state. The Legislature further finds as a matter of public policy that the manufacturer shall bear the total cost of performing any duty or responsibility imposed by their warranties and the provisions of this article.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 1 court opinionsMost recently applied by a court: 2002
Leading cases: McLaughlin v. Chrysler Corp. (District Court, N.D. West Virginia 2002, 262 F. Supp. 2d 671)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2Definitions.In forcecited in 2 of our articles
When used in this article, the following words, terms, and phrases shall have the meaning ascribed to them, except where the context indicates a different meaning: (1) "Consumer" means: (A) The purchaser, other than for purposes of resale, of a new motor vehicle 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 the obligations of the warranty; or (B) The purchaser, other than for purposes of resale, of a new vehicle described in paragraph (B), subdivision (4) of this section a person to whom the new vehicle is transferred during the duration of an express warranty applicable to the vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty; (2) "Manufacturer" means a person engaged in the business of manufacturing, assembling, or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble, or distribute to dealers at least 10 new motor…
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 2 court opinionsMost recently applied by a court: 2024
Leading cases: McLaughlin v. Chrysler Corp. (District Court, N.D. West Virginia 2002, 262 F. Supp. 2d 671) · Harris v. Forest River, Inc. (District Court, S.D. West Virginia 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3Manufacturer's duty to repair or replace new motor vehicles.In forcecited in 2 of our articles
(a) If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the term of the express warranties or within a period of one year following the date of original delivery of the new motor vehicle to a consumer, whichever is the longer period, the manufacturer, its agent or its authorized dealer shall make the repairs necessary to conform the vehicle to the express warranties, notwithstanding the fact that the repairs are made after the expiration of the warranty term. (b) If the manufacturer, its agents or its authorized dealer are unable to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use or market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the new motor vehicle with a comparable new motor vehicle which does conform to the warranties.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 1 court opinionsMost recently applied by a court: 2002
Leading cases: McLaughlin v. Chrysler Corp. (District Court, N.D. West Virginia 2002, 262 F. Supp. 2d 671)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3ADealer's duty to disclose repairs to consumer.In forcecited in 2 of our articles
All authorized dealers of new motor vehicles shall provide to any consumer a written disclosure of any repairs to a new motor vehicle that have a retail value of five percent of the manufacturer's suggested retail price and were performed after shipment from the manufacturer to the dealer, including damage to the new motor vehicle while in transit. This disclosure requirement does not apply to identical replacement of stolen or damaged accessories or their components, tires or antennae. For purposes of this section, a motor vehicle is not a new motor vehicle when it has been previously titled or the motor vehicle has been damaged in such a manner that, were the damage not repaired, the value and usability of the motor vehicle would be substantially impaired.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
§ 4Civil action by consumer.In forcecited in 2 of our articles
(a) If the nonconformity results in substantial impairment to the use or market value of the new motor vehicle and the manufacturer has not replaced the new motor vehicle pursuant to the provisions of section three of this article, or if the nonconformity exists after a reasonable number of attempts to conform the new motor vehicle to the applicable express warranties, the consumer shall have a cuase of action against the manufacturer, in the circuit court of any county having venue.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 1 court opinionsMost recently applied by a court: 2002
Leading cases: McLaughlin v. Chrysler Corp. (District Court, N.D. West Virginia 2002, 262 F. Supp. 2d 671)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 5Presumption of reasonable number of attempts; extension of warranty term when repair services unavailable.In forcecited in 2 of our articles
(a) It is presumed that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties, if the same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers within the express warranty term or during the period of one year following the date of original delivery of the motor vehicle to the consumer, whichever is the earlier date, and the nonconformity continues to exist, or the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the term or during the one-year period, whichever is the earlier date.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 1 court opinionsMost recently applied by a court: 2002
Leading cases: McLaughlin v. Chrysler Corp. (District Court, N.D. West Virginia 2002, 262 F. Supp. 2d 671)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 6Written statement to be provided to consumer.In forcecited in 2 of our articles
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 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."
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Cited in 1 court opinionsMost recently applied by a court: 2002
Leading cases: McLaughlin v. Chrysler Corp. (District Court, N.D. West Virginia 2002, 262 F. Supp. 2d 671)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 7Resale of returned motor vehicle.In forcecited in 2 of our articles
If a new motor vehicle has been returned under section three of this article or a similar statute of another state, it may not be resold in this state unless the manufacturer corrects the nonconformity and provides the consumer with a written statement on a separate piece of paper in ten point all capital type, in substantially the following form:"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.": Provided, That no manufacturer shall require by agreement or otherwise, either directly or indirectly, that any of its authorized dealers in this state accept such a motor vehicle for resale.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
§ 8Third party dispute resolution process; attorney general to promulgate rules and regulations.In forcecited in 2 of our articles
(a) The Attorney General of the State of West Virginia shall promulgate rules and regulations for the establishment and qualification of a third party dispute mechanism or mechanisms for the resolution of warranty disputes between the consumer and the manufacturer, its agent or its authorized dealer. Such mechanisms shall be under the supervision of the division of consumer protection in the office of the Attorney General, and shall meet or exceed the minimum requirements of the informal dispute settlement mechanism as provided by the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (Public Law 93-637) and rules and regulations lawfully promulgated thereunder effective January 1, 1984. (b) If a qualified third party dispute resolution process exists and the consumer receives timely notification in writing of the availability of the third party process with a description of its operation and effect, the cause of action under section four of this article may not be asserted by the consumer until after the consumer has initially resorted to the third party process. Notification of the availability of the third party process must be timely to the consumer.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
§ 9Other remedies available.In forcecited in 2 of our articles
Nothing in this article shall be construed to limit any right or remedy which is otherwise available to a consumer or authorized dealer of a manufacturer under any other law.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- West Virginia Lemon Law, W. Va. Code sections 46A-6A-1 through 46A-6A-9 (Full Text)(code.wvlegislature.gov).gov
- W. Va. Code section 46A-6A-5: Presumption of Reasonable Number of Attempts(code.wvlegislature.gov).gov
- W. Va. Code section 46A-6A-4: Civil Action by Consumer(code.wvlegislature.gov).gov
- West Virginia Attorney General: Consumer Protection Division(ago.wv.gov).gov
- W. Va. Code section 46A-6A-3a: Dealer Disclosure Requirements(code.wvlegislature.gov).gov
- BBB AUTO LINE: West Virginia Lemon Law Information(bbbprograms.org)
- W. Va. Code section 46A-6A-1 - Legislative Declaration(code.wvlegislature.gov).gov
- W. Va. Code section 46A-6A-2 - Definitions(code.wvlegislature.gov).gov
- W. Va. Code section 46A-6A-3 - Manufacturer Warranty Obligations(code.wvlegislature.gov).gov
- W. Va. Code section 46A-6A-6 - Consumer Disclosure(code.wvlegislature.gov).gov
- W. Va. Code section 46A-6A-7 - Resale of Buyback Vehicles(code.wvlegislature.gov).gov
- W. Va. Code section 46A-6A-8 - Dispute Resolution(code.wvlegislature.gov).gov
- W. Va. Code section 46A-6A-9 - Preservation of Remedies(code.wvlegislature.gov).gov
- Consumer Protection and Antitrust Division - WV Attorney General(ago.wv.gov).gov
- Magnuson-Moss Warranty Act (15 U.S.C. 2301)(ftc.gov).gov