West Virginia Lemon Law: Your Complete Legal Guide

What Vehicles Are Covered

West Virginia's lemon law covers specific categories of new motor vehicles purchased or registered in the state.

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: Self-propelled chassis registered as Class A or Class B motor vehicles (the living quarters portion has separate warranty considerations)

Vehicle Registration Classes

• 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
• Motorcycles
• The living portion of motor homes (only the chassis is covered)
• Vehicles purchased primarily for business purposes
• Vehicles not purchased or registered in West Virginia

Consumer Definition

The law covers the purchaser (other than for resale) of a new motor vehicle used primarily for personal, family, or household purposes, any person to whom the vehicle is transferred during the warranty period, and any other person entitled to enforce the warranty.

West Virginia's Lemon Law Presumption

Under W. Va. Code § 46A-6A-5, West Virginia law creates presumptions that a reasonable number of repair attempts have been made under certain conditions.

Standard Presumption

Condition	Requirement	Details
Repair Attempts (Same Problem)	3 or more attempts	Same nonconformity repaired by manufacturer, agents, or dealers
Days Out of Service	30 or more cumulative calendar days	Vehicle unavailable due to repair of nonconformities
Coverage Period	Warranty term OR 1 year	Whichever is earlier from date of original delivery

Accelerated Presumption for Safety Defects

If the nonconformity results in a condition likely to cause death or serious bodily injury if the vehicle is driven, the presumption is triggered after:

• Just one repair attempt within the warranty term or one year (whichever is earlier)
• The nonconformity continues to exist after that single attempt

Prior Written Notice Required

The presumption only applies against a manufacturer if:

• The manufacturer has received prior written notification from the consumer
• The manufacturer has had at least one opportunity to cure the defect alleged

Extensions to Time Periods

The warranty term, one-year period, and 30-day out of service period may be extended during any time when repair services are unavailable due to:

• War or invasion
• Strike
• Fire, flood, or other natural disaster

Consumer Remedies

West Virginia provides a broader range of remedies than many other states, including not only replacement or refund but also diminished value damages.

Primary Remedy: Replacement Vehicle

Under W. Va. Code § 46A-6A-3, if the manufacturer fails to repair or correct any defect substantially impairing use or market value after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable new motor vehicle that conforms to the warranties.

Civil Action Remedies

Under W. Va. Code § 46A-6A-4, if the manufacturer has not replaced the vehicle or substantial impairment continues after reasonable repair attempts, the consumer may bring a civil action and recover any of the following:

Option 1: Revocation of Acceptance and Full Refund

• Full purchase price: Including the complete sales price
• Sales tax: All applicable state and local taxes
• License and registration fees: DMV costs
• Other reasonable expenses: Incurred for the purchase

Option 2: Diminished Value

If not seeking revocation, the consumer may recover damages for the diminished value of the motor vehicle caused by the nonconformity.

Additional Recovery in All Cases

• Cost of repairs: Damages for repairs reasonably required to conform the vehicle to warranty
• Loss of use damages: Annoyance or inconvenience resulting from the nonconformity
• Replacement transportation: Reasonable expenses for rental or alternative transportation while the vehicle was out of service
• Reasonable attorney fees: Available to prevailing consumers

How to File a Lemon Law Claim in West Virginia

Filing a successful lemon law claim in West Virginia requires careful documentation and compliance with notice requirements.

Step 1: Document Everything

• Keep all repair orders and invoices
• Record the dates your vehicle was in the shop
• Document the symptoms you experienced
• Save all correspondence with the dealer and manufacturer
• Take photos or videos of defects when possible

Step 2: Report the Nonconformity

Report the problem to the manufacturer, its agent, or authorized dealer during the warranty term or within one year of original delivery, whichever is longer.

Step 3: Provide Written Notification to Manufacturer

Before the presumption can apply, you must give prior written notification to the manufacturer and allow at least one opportunity to cure the defect.

Step 4: Check for Third Party Dispute Resolution

If a qualified third party dispute resolution process exists and you received timely written notice of its availability, you must resort to that process before filing a lawsuit.

Step 5: File Civil Action if Necessary

If the manufacturer fails to provide relief through replacement or the dispute resolution process, you may file a civil action in circuit court.

Written Notice Requirements

West Virginia requires manufacturers to provide a specific written statement to consumers at the time of purchase.

Required Consumer Disclosure

Under W. Va. Code § 46A-6A-6, at the time of purchase, the manufacturer must provide a written statement on a separate piece of paper, in 10-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."

Third Party Dispute Resolution

Under W. Va. Code § 46A-6A-8, the Attorney General is authorized to establish and qualify third party dispute resolution mechanisms.

Dispute Resolution Requirements

• Mechanisms must be under supervision of the Division of Consumer Protection
• Must meet or exceed minimum requirements of the Magnuson-Moss Warranty Act
• Must comply with FTC rules and regulations (16 CFR Part 703)

When Dispute Resolution is Required

If a qualified third party process exists and the consumer receives timely written notification of its availability and operation, the consumer must first resort to that process before filing a civil action under the lemon law.

If Dissatisfied with the Decision

If the consumer is dissatisfied with the third party decision, or if the manufacturer fails to promptly fulfill its terms, the consumer may then pursue a civil action.

Tolling of Limitations

Any period of limitation is tolled from the date a complaint is filed with the third party process until the date of the decision or the date by which the manufacturer was required to fulfill its terms, whichever is later.

Manufacturer Defenses

Under W. Va. Code § 46A-6A-4(c), manufacturers have limited affirmative defenses.

Defense	Manufacturer's Argument	Consumer's Counter
No substantial impairment	Alleged nonconformity does not substantially impair use or market value	Document how defect affects daily use and resale value
Abuse or neglect	Nonconformity resulted from consumer abuse or neglect	Provide maintenance records showing proper care
Unauthorized modifications	Modifications or alterations by persons other than manufacturer caused the defect	Show defect existed before modifications or is unrelated

Dealer Protection

The statute explicitly provides that:

• The cause of action is available only against the manufacturer, not the dealer
• Authorized dealers shall not be held liable by the manufacturer for refunds or replacements absent evidence of substantially inconsistent repairs
• Any agreement transferring manufacturer warranty costs to dealers is void as against public policy

Dealer Disclosure Requirements

Under W. Va. Code § 46A-6A-3a, authorized dealers of new motor vehicles must disclose certain pre-sale repairs to consumers.

Required Disclosure

Dealers must provide written disclosure of any repairs to a new motor vehicle that:

• Have a retail value of 5% or more of the manufacturer's suggested retail price
• Were performed after shipment from the manufacturer to the dealer
• Include damage to the vehicle while in transit

Disclosure Exceptions

The disclosure requirement does not apply to:

• Identical replacement of stolen or damaged accessories or their components
• Tires
• Antennae

Not a "New" Vehicle

For purposes of this section, a vehicle is not considered a new motor vehicle when it has been previously titled or has been damaged in a manner that would substantially impair its value and usability if the damage were not repaired.

Resale of Returned Vehicles

Under W. Va. Code § 46A-6A-7, vehicles returned under the lemon law (or a similar statute of another state) may not be resold in West Virginia unless the manufacturer:

• Corrects the nonconformity
• Provides the consumer with a written statement on a separate piece of paper, in 10-point all capital type, stating 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."

Dealer Protection on Resale: No manufacturer may require, by agreement or otherwise, that any of its authorized dealers in West Virginia accept a lemon buyback vehicle for resale.

Statute of Limitations

Under W. Va. Code § 46A-6A-4(d), any action brought under the lemon law must be commenced within one year of the expiration of the express warranty term.

More Virginia Laws

• Virginia Hit and Run Laws
• Virginia Lemon Laws
• Virginia Sexting Laws
• Virginia Car Seat Laws
• Virginia Car Seat Laws
• Virginia Statute of Limitations
• Virginia Hit and Run Laws
• Virginia Sexting Laws