West Virginia Lemon Law
Written By: Joey Garcia June 22, 2023
The Lemon Law in West Virginia[1] is a consumer protection law designed to assist individuals who have purchased or leased defective new motor vehicles, commonly referred to as "lemons." The law provides remedies for consumers who have experienced repeated issues that substantially impair the use, value, or safety of a new motor vehicle. If a manufacturer, its agents, or authorized dealer fail to correct this type of defect after a reasonable number of attempts, the manufacturer must refund the purchase price, replace the vehicle, and/or pay for other damages and reasonable attorneys fees.[2]
Here are some key aspects of the Lemon Law in West Virginia:
1. New Motor Vehicles. The law covers new motor vehicles, including cars, trucks, motorcycles, and recreational vehicles (RVs), that are purchased or leased in West Virginia for personal, family, or household use.
2. Defects. The Lemon Law applies to vehicles that have substantial defects or nonconformities that occur within the first year of ownership or during the manufacturer's warranty period (whichever comes first) and have not been fixed after a reasonable number of repair attempts.
3. Reasonable Number of Repair Attempts: If a vehicle has a defect that substantially impairs its use, value, or safety, the manufacturer or authorized dealer must be given a reasonable number of attempts to fix the problem. West Virginia law defines a "reasonable number of attempts" as three or more unsuccessful repair attempts or the vehicle being out of service for a cumulative total of 30 or more calendar days.[3] However, if the defect is likely to cause death or bodily injury if the vehicle is driven, it must only be subject to repair one time.
4. Against Manufacturer, Not Local Dealership. The Lemon Law only applies to warranties for new motor vehicles made by the manufacturer, i.e., FCA (Chevy), General Motors, Toyota, etc. There is no cause of action against local auto dealerships. It is important in any West Virginia Lemon Law case that the manufacturer, and not just the dealership, has been put on notice of the defect.
5. Remedies: If the manufacturer or authorized dealer is unable to repair the defect within a reasonable number of attempts, the consumer is entitled to certain remedies, which may include a replacement vehicle or a refund of the purchase/lease price, including sales tax, license and registration fees, and other reasonable expenses incurred during the new vehicle purchase. The consumer may also be awarded damages for reasonable repairs, loss of use, annoyance or inconvenience resulting from the defect, including reasonable expenses for replacement transportation when the vehicle is out of service for repair.
6. Attorney’s Fees. If a consumer substantially prevails in a West Virginia Lemon Law lawsuit, the Court may award him or her reasonable attorney fees incurred by the lawyer who litigated the case in addition to the refund, repurchase, or other damages awarded.
If you believe you may have a potential lemon law case in West Virginia, here are the steps you should consider taking:
1. Review Documents relating to the Warranty and Sales Purchase Agreement. Carefully read and understand the warranty provided by the manufacturer or dealer. Note the duration of the warranty and any specific requirements or procedures outlined for repair attempts. Often, new vehicle warranties will cover 3 years or 36,000 miles, but each warranty is different. Bring the warranty information, the new vehicle manual, and the sales purchase agreement with you when you consult with an attorney.
2. Obtain Maintenance Records from Dealership/Manufacturer. You can request documentation of all repair attempts from the authorized dealer where you took your vehicle for repairs. These records will include dates when diagnostics and repairs occurred, descriptions of the problems, and any work that was performed. Bring these documents with you when you consult with an attorney.
3. Notify the Manufacturer or Dealer. Contact the manufacturer or authorized dealer in writing to report the defects and request repairs. Ensure that your written notice includes a clear description of the problems, the dates of previous repair attempts, and a request for resolution under the West Virginia lemon law. It is not a bad idea to contact a lemon law attorney prior to sending the written notice.
4. Cooperate with Repair Attempts. Allow the manufacturer or authorized dealer a reasonable opportunity to fix the defects. Make sure to schedule and attend all repair appointments and provide any requested information or access to the vehicle.
5. Consult an Attorney. If you believe you have a valid lemon law claim, you should immediately talk to an experienced lemon law attorney. A lawyer who has litigated lemon law cases can help you understand how West Virginia law applies to your specific situation, help assess your case's strength, and guide you through the legal process. It is never too early to talk about your case because the success of your claim is often dependent on what you do prior to litigation.
6. File a Lawsuit. If your new motor vehicle continues to have substantial defects after the manufacturer or dealership has had sufficient opportunities to repair or correct the issue, or if the defect will put you or others at risk of serious injury or death after there has been an opportunity to fix it, a lawyer can file a lawsuit to protect your rights under the West Virginia Lemon Law.
Remember that lemon law requirements and procedures can vary by state, so it's important to consult the specific lemon law provisions in West Virginia or seek legal advice to ensure you are following the correct process for your situation. At Garcia Law, PLLC, we offer a free consultation where we can discuss your lemon law matter and answer any questions you may have.
[1] West Virginia Code §§ 46A-6A-1, et seq.
[2] West Virginia Code § 46A-6A-4(b).
[3] West Virginia Code § 46A-6A-5(a).
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