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West Virginia Lemon Laws

The open road. Updated technology, towing power, or gas mileage. And, of course, that new car smell. There are many reasons we love buying a new car, but what we really need from our new cars is safety and dependability. What we really don’t need are old car problems that no repair shop can seem to fix.

If this is happening to you and your new ride, you may have a "lemon" on your hands. Fortunately, the Mountain State has laws that can protect new car buyers stuck with malfunctioning or even nonfunctioning vehicles. Here is a quick introduction to “lemon laws” in West Virginia.

State Lemon Laws

States often have extensive consumer protection statutes, and lemon laws offer some financial and legal remedies for new car buyers. These laws also encourage automobile manufacturers and dealers to provide reliable products to their customers. While some state lemon laws only cover new car purchases, West Virginia’s statute covers “any passenger automobile purchased in this state or registered and titled in this state.”

Lemon Laws in West Virginia

The details of West Virginia’s lemon law statutes are listed below.

Code Section

West Virginia Code 46A-6A-1, et seq.: New Motor Vehicle Warranties

Title of Act

Not specified

Definition of Defects

Nonconformity to all applicable express warranties which significantly affects the use or market value of vehicle

Time Limit for Manufacturer Repair

Term of express warranties or during 1 year following date of original delivery of vehicle to consumer, whichever is later date

Remedies

Repair or replace with comparable new vehicle which does conform to the warranties

As noted above, state consumer protection statutes can vary in coverage. If you’re trying to figure out if your new car is a lemon, here are some general lemon law guidelines:

  • The vehicle must have a substantial nonconformity that appears within a certain time after purchase;
  • The nonconformity must be covered by a warranty; and
  • The nonconformity must continue to exist, even after a reasonable number of attempted repairs.

More Resources for Lemon Laws in West Virginia

Car trouble is bad enough, and trouble with a brand new car is worse. And state lemon laws can be complicated. FindLaw's section on Lemon Laws can provide you with additional articles and resources on this topic. You can also consult with a West Virginia lemon law attorney in your area if you would like legal help regarding a possible lemon law matter.

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