WEST VIRGINIA LEMON LAW:
West Virginia Lemon Law
Chapter 46a, § 6A 1-9
CHAPTER 46A, ARTICLE 6A
CONSUMER PROTECTION--NEW MOTOR VEHICLE WARRANTIES
§46A-6A-1. Legislative declarations
(1) The Legislature hereby finds and declares as a matter of public policy that
the purpose of this article is to place upon the manufacturers of motor vehicles
the duty to meet their obligations and responsibilities under the terms of the
express warranties extended to the consumers in this state. The Legislature
further finds as a matter of public policy that the manufacturer shall bear the
total cost of performing any duty or responsibility imposed by their warranties
and the provisions of this article.
(2) The Legislature further finds that any agreement under the provisions of
article six-a, chapter seventeen-a of this code, or any agreement hereafter
amended or entered into between a dealer and manufacturer which would transfer
to the dealer any duty, or all or any part of the cost of performing any duty
imposed on the manufacturer by the provisions of this article, or which would
directly or indirectly charge the dealer for or reduce the payment or
reimbursement due the dealer for performing work or furnishing parts required by
this article to be provided by either the dealer or manufacturer, so as to shift
to the dealer all or any part of the cost of the manufacturer's compliance with
this article, to be against public policy, void and unenforceable.
§46A-6A-2. Definitions.
When used in this article, the following words, terms and phrases shall have the
meaning ascribed to them, except where the context indicates a different
meaning:
(1) "Consumer" means the purchaser, other than for purposes of resale, of a new
motor vehicle purchased in this state, used primarily for personal, family or
household purposes, a person to whom the new motor vehicle is transferred for
the same purposes during the duration of an express warranty applicable to the
motor vehicle and any other person entitled by the terms of the warranty to
enforce the obligations of the warranty;
(2) "Manufacturer" means a person engaged in the business of manufacturing,
assembling or distributing motor vehicles, who will, under normal business
conditions during the year, manufacture, assemble or
(3) "Manufacturer's express warranty" and "warranty" mean the written warranty
of the manufacturer of a new motor vehicle of its condition and fitness for use,
including any terms or conditions precedent to the enforcement of obligations
under that warranty; and
(4) "Motor vehicle" means any passenger automobile sold in this state, including
pickup trucks and vans subject to registration as a Class A motor vehicle under
the provisions of article ten, chapter seventeen-a of this code, and any
self-propelled motor vehicle chassis of motor homes sold in this state subject
to registration as and Class A or Class B motor vehicle under the provisions of
article ten, chapter seventeen- a of this code.
§46A-6A-3. Manufacturer's duty to repair or replace new motor vehicles.
(a) If a new motor vehicle purchased in this state on or after the first day of
January, one thousand nine hundred eighty-four, does not conform to all
applicable express warranties and the consumer reports the nonconformity to the
manufacturer, its agent or its authorized dealer during the term of the express
warranties or during the period of one year following the date of original
delivery of the new motor vehicle to a consumer, whichever is the later date,
the manufacturer, its agent or its authorized dealer shall make the repairs
necessary to conform the vehicle to the express warranties, notwithstanding the
fact that the repairs are made after the expiration of the warranty term.
(b) If the manufacturer, its agents or its authorized dealer are unable to
conform the new motor vehicle to any applicable express warranty by repairing or
correcting any defect or condition which substantially impairs the use or market
value of the motor vehicle to the consumer after a reasonable number of
attempts, the manufacturer shall, replace the new motor vehicle with a
comparable new motor vehicle which does conform to the warranties.
§46A-6A-3a. Dealer's duty to disclose repairs to consumer.
Beginning the first day of July, one thousand nine hundred eighty-nine, all
authorized dealers of new motor vehicles purchased in this state shall provide
to any consumer a written disclosure of any repairs to a new motor vehicle which
repairs have a retail value of five hundred dollars or more and were performed
after shipment from the manufacturer to the dealer, including damage to the new
motor vehicle while in transit.
This disclosure requirement does not apply to identical replacement of stolen or
damaged accessories or their components, tires or antennae.
For purposes of this section, a motor vehicle is not a new motor vehicle when it
has been previously titled or the motor vehicle has been damaged in such a
manner that, were the damage not repaired, the value and usability of the motor
vehicle would be substantially impaired.
§46A-6A-4. Civil action by consumer.
(a) If the nonconformity results in substantial impairment to the use or market
value of the new motor vehicle and the manufacturer has not replaced the new
motor vehicle pursuant to the provisions of section three of this article, or if
the nonconformity exists after a reasonable number of attempts to conform the
new motor vehicle to the applicable express warranties, the consumer shall have
a cuase of action against the manufacturer, in the circuit court of any county
having venue.
(b) In any action under this section, the consumer may be awarded all or any
portion of the following:
(1) Revocation of acceptance and refund of the purchase price, including, but
not limited to, sales tax, license and registration fees, and other reasonable
expenses incurred for the purchase of the new motor vehicle, or if there be no
such revocation of acceptance, damages for
(2) Damages for the cost of repairs reasonably required to conform the motor
vehicle to the express warranty;
(3) Damages for the loss of use, annoyance or inconvenience resulting from the
nonconformity, including, but not limited to, reasonable expenses incurred for
replacement transportation during any period when the vehicle is not out of
service by reason of the nonconformity or by reason of repair; and
(4) Reasonable attorney fees.
(c) It is an affirmative defense to any claim under this section (i) that an
alleged nonconformity does not substantially impair the use or market value or
(ii) that a nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of a motor vehicle by anyone other than the
manufacturer, its agent or its authorized dealer.
(d) An action brought under this section by the consumer must be commenced
within one year of the expiration of the express warranty term.
(e) The cause of action provided for in this section shall be available only
against the manufacturer.
§46A-6A-5. Presumption of reasonable number of attempts;
extension of warranty term when repair services unavailable.
(a) It is presumed that a reasonable number of attempts have been undertaken to
conform a new motor vehicle to the applicable express warranties, if the same
nonconformity has been subject to repair three or more times by the
manufacturer, its agents or its authorized dealers within the express warranty
term or during the period of one year following the date of original delivery of
the motor vehicle to the consumer, whichever is the earlier date, and the
nonconformity continues to exist, or the vehicle is out of service by reason of
repair for a cumulative total of thirty or more calendar days during the term or
during the one-year period, whichever is the earlier date.
(b)If the nonconformity results in a condition which is likely to cause death or
serious bodily injury if the vehicle is driven, it is presumed that a reasonable
number of attempts have been undertaken to conform the vehicle to the applicable
express warranties if the nonconformity has been subject to repair at least once
by the manufacturer within the express warranty term or during the period of one
year following the date of original delivery of the motor vehicle to a consumer,
whichever is the earlier date, and the nonconformity continues to exist.
(c) The presumption that a reasonable number of attempts have been undertaken to
conform a new motor vehicle to the applicable express warranties applies against
a manufacturer only if the manufacturer has received prior written notification
from or on behalf of the consumer and has had at least one opportunity to cure
the defect alleged.
(d) The term of an express warranty, the one-year period and the thirty-day
period shall be extended by any period of time during which repair services are
not available to the consumer because of a war, invasion, strike or fire, flood
or other natural disaster.
§46A-6A-6. Written statement to be provided to consumer.
At the time of purchase the manufacturer, either directly or through its agent
or its authorized dealer, must provide the consumer a written statement on a
separate piece of paper, in ten 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."
§46A-6A-7. Resale of returned motor vehicle.
If a new motor vehicle has been returned under section three of this article or
a similar statute of another state, it may not be resold in this state unless
the manufacturer corrects the nonconformity and provides the consumer with a
written statement on a separate piece of paper in ten point all capital type, in
substantially the following form:"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.": Provided, That no manufacturer shall require by agreement or
otherwise, either directly or indirectly, that any of its authorized dealers in
this state accept such a motor vehicle for resale.
§46A-6A-8. Third party dispute resolution process; attorney
general to promulgate rules and regulations.
(a) The attorney general of the state of West Virginia shall promulgate rules
and regulations for the establishment and qualification of a third party dispute
mechanism or mechanisms for the resolution of warranty disputes between the
consumer and the manufacturer, its agent or its authorized dealer. Such
mechanisms shall be under the supervision of the division of consumer protection
in the office of the attorney general, and shall meet or exceed the minimum
requirements of the informal dispute settlement mechanism as provided by the
Magnuson-Moss Warranty Federal Trade Commission Improvement Act (Public Law
93-637) and rules and regulations lawfully promulgated thereunder effective the
first day of January, one thousand nine hundred eighty-four.
(b) If a qualified third party dispute resolution process exists and the
consumer receives timely notification in writing of the availability of the
third party process with a description of its operation and effect, the cause of
action under section four of this article may not be asserted by the consumer
until after the consumer has initially resorted to the third party process.
Notification of the availability of the third party process must be timely to
the consumer. If a qualified third party dispute resolution process does not
exist, or if the consumer is dissatisfied with the third party decision, or if
the manufacturer, its agent or its authorized dealer fails to promptly fulfill
the terms of the third party decision, the consumer may assert a cause of action
under section four of this article.
(c) Any period of limitation of actions under any federal or West Virginia laws
with respect to any consumer shall be tolled for the period between the date a
complaint is filed with a third party dispute resolution process and the date of
its decision or the date before which the manufacturer, its agent or its
authorized dealer is required by the decision to fulfill its terms, whichever
occurs later.
§46A-6A-9. Other remedies available.
Nothing in this article shall be construed to limit any right or remedy which is
otherwise available to a consumer or authorized dealer of a manufacturer under
any other law.
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