West Virginia Lemon Law

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The Basics

The West Virginia Lemon Law places upon the manufacturers of motor vehicles the duty to meet their obligations and responsibilities under the terms of the express warranties extended to consumers in West Virginia.

What is the first step in determining whether or not my vehicle may be a lemon?

The West Virginia Lemon Law applies to passenger automobiles, including pickup trucks and vans and any self-propelled motor vehicle chassis of motor homes sold new to a consumer in the State.

The vehicle must either still be covered by the express warranty and the consumer reports the problem to the manufacturer during the term of that express warranty or during the period of one year following the date of original delivery to the consumer, whichever is the later date.

How many times does my new vehicle have to be submitted for repair before it can be considered a "lemon" under the lemon law?

If the manufacturer, its agents, or its authorized dealer are unable to conform your new vehicle to any applicable express warranty by repairing or correcting any defect after a reasonable number of attempts, the manufacturers shall replace the new motor vehicle with a comparable new motor vehicle which does conform to the warranties.

What is considered a "reasonable" number of attempts?

It is presumed that a reasonable number of attempts have been undertaken if the same unconformity has been subject to repair three or more times within the above-referenced time frame.

It is important to note that if the nonconformity results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, the vehicle may have been subject to repair one time.

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