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West Virginia

WEST VIRGINIA Lemon Law:

W. Va. Code §§ 46A-6A-1 to 46A-6A-9

Vehicles covered: Passenger vehicles, pick-up trucks, vans, and

motor portion of motor homes sold in state, subject to registration

(§ 46A-6A-2(4)). No reference to leased vehicles.

Persons covered: Purchasers, transferees during express warranty

period, or any person entitled to enforce the warranty (§ 46A-6A-

2(1)).

Period covered: Whichever comes later: expiry of term of express

warranty or one year from date of delivery (§ 46A-6A-3(a)).

Disclosure requirements: Manufacturer must provide separate

statement of rights as specified (§ 46A-6A-6); dealer must provide

notice if repairs have been made to a vehicle after receipt from the

manufacturer if repairs cost more than $500 (§ 46A-6A-3a).

Required consumer notice: Report nonconformity to manufacturer,

agent or authorized dealer (§ 46A-6A-3(a)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

three or more repairs, if the vehicle is out of service for a

cumulative total of thirty or more calendar days, or if there has

been one repair and the nonconformity is likely to cause death or

serious bodily harm (§ 46A-6A-5(a), (b)).

Affırmative defenses: The nonconformity does not substantially

impair the use or market value, or is the result of the consumer’s

abuse, neglect, or unauthorized modifications or alterations

(§ 46A-6A-4(c)); statute of limitations (§ 46A-6A-4(d)).

Replace/refund: The manufacturer shall replace the nonconforming

vehicle with a comparable new motor vehicle (§ 46A-6A-3(b)).

Other reimbursement: In a civil action, a consumer may be

awarded refund of the purchase price, including taxes, fees, and

expenses, plus damages for loss of use and attorney fees (§ 46A-

6A-4(b)).

Other remedies: There is no limit on other consumer remedies

(§ 46A-6A-9). Liability under lemon law limited to manufacturer

(§ 46A-6A-4(e)).

Informal dispute resolution: For remedies under this section a

consumer must use an informal dispute settlement procedure,

provided the procedure complies with 16 C.F.R. pt. 703, as determined

by the attorney general (§ 46A-6A-8(a)).

Resale of lemon: Full disclosure required (§ 46A-6A-7).