West Virginia Lemon Law

Summary of West Virginia Lemon Laws

West Virginia’s lemon laws state that if the buyer or lessee of a vehicle finds a major fault in it – which the manufacturers are unable to fix even after 3 valid attempts for most defects, or 1 valid attempt for life-threatening defects, by the vehicle manufacturer to repair it – the manufacturer is liable to repurchase or replace the faulty vehicle. This law applies to the vehicle throughout its express warranty period, and if the vehicle is still under its warranty period and meets the eligibility criteria as specified by West Virginia’s state laws, the owner of the vehicle can claim their lemon aid and demand the manufacturers to provide them with the necessary reimbursement, in the form of a refund or replacement of the faulty vehicle through arbitration. The repurchase costs will also cover any additional costs the owner underwent while purchasing the vehicle.

Lemon Eligibility in West Virginia

The lemon law of West Virginia covers only class A and class B vehicles. These are all passenger-type motor vehicles and trucks under 10,000 lbs, and all trucks over 10,000 lbs. It does not cover trailers, trucks, motorcycles, and motorhomes.

Lemon Repairs in West Virginia

For most cases,the manufacturer should have made at least 3 attempts to fix the defects. But if the defect is life-threatening in nature, such as when safety or control mechanisms, then it only needs 1 attempt. In both cases, the manufacturer must have failed to fix them when the vehicle had been returned to its owner and that the problem still persists after it.

The manufacturer will also be held liable if the vehicle has been down for repairs for over 30 calendar days. However, this limit may be extended during a natural disaster.

Lemon Law Compensation in West Virginia

Once processed, the consumer may be awarded a refund of the all related expenses upon purchase of the vehicle. This also includes vehicle registration and sales tax. The consumer will also be refunded the total costs of repairs, reasonable attorney fees, and expenses incurred for alternative transportation while the vehicle was under repair.

Lemon Resale in West Virginia

It is illegal to resell a lemon in West Virginia unless the vehicle’s defects had been fixed and a sign had been affixed in a piece of paper, visible to potential buyers, stating: “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.”

The vehicle’s origin is irrelevant. If it had been classified as a lemon in another state, then it is still illegal to resell it in West Virginia.

West Virginia Lemon Laws on Used Vehicles

West Virginia’s laws state that ‘new’ vehicles are protected, i.e. vehicles which are still under the manufacturer’s original warranty are eligible to avail lemon aids as long as they meet the eligibility criteria, regardless if the ownership of the vehicle has been transferred to a different person during this period. 

Other West Virginia Laws

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