West Virginia's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for West Virginia (W. Va. Code, chapter 46A, artículo 6A (§ 46A-6A-1 a § 46A-6A-9)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New passenger vehicles bought in West Virginia or registered and titled here (including pickups and vans registered as Class A, the self-propelled chassis of a Class A or Class B motor home, and self-propelled farm vehicles of 20 horsepower or more), for personal, family or household use, with defects that substantially impair use or market value. It also protects anyone the car is transferred to while the express warranty lasts.

Rights period: You must report the defect during the express warranty or within 1 year from original delivery, whichever is longer. A lawsuit must be filed within 1 year after the express warranty expires.

When it is presumed a lemon

Three or more unsuccessful repair attempts for the same defect, or 30 cumulative calendar days out of service, within the warranty or the first year (whichever comes first). If the defect can cause death or serious injury, 1 failed attempt is enough. In every case, the manufacturer must get written notice and at least one chance to fix it.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

First you notify the manufacturer in writing. If the manufacturer has a dispute program that meets the Attorney General's rules and tells you about it in time, you must use it before suing. If none exists, if you disagree with the decision, or if the manufacturer does not comply, you can sue the manufacturer in the county circuit court. There is no state arbitration board.

Who handles it: West Virginia Attorney General — Consumer Protection and Antitrust Division.

Hotline: 1-800-368-8808 · 304-558-8986.

What you get if you win

Replacement with a comparable new car, or through the court: refund of the price (with taxes, plates and reasonable expenses) or compensation for lost value, repair costs, loss of use (including a replacement car) and reasonable attorney fees.

What it does not cover

Motorcycles and mopeds (Class G), trucks over 10,000 lb (Class B), trailers, campers and pull-behind travel trailers, and ATVs or UTVs (Class SPV) are NOT covered: the law reaches only passenger automobiles and pickups or vans registered as Class A, the self-propelled chassis of a Class A or Class B motor home, and self-propelled farm vehicles of 20 horsepower or more (§ 46A-6A-2(4)). On a motor home only the chassis is covered, not the living quarters. Also outside the law: used cars outside the express warranty; purchases for resale; defects from abuse, neglect or modifications by anyone other than the maker or its dealer; defects that do not substantially impair use or value. Claims go only against the manufacturer, not the dealer.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In West Virginia: A dealer cannot exclude implied warranties in a consumer sale (§ 46A-6-107). It may sell "as is" only if the car costs under $4,000, has over 100,000 miles, is 7 years old or older, is an inoperable total loss, or is a show/racing car; and it must use a boxed notice you sign, describe the defects it knows of and give you a vehicle history report. In the first three cases you can cancel the sale by the end of the dealer's third business day if there is a significant mechanical problem that already existed (§ 46A-6-107a). Deceptive practices are prohibited (§ 46A-6-104) and can be reported to the Attorney General.