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West Virginia– Code §46A-6A-1

Vehicles Covered:

Passenger vehicles, pick-up trucks, vans, and motor portion of motor home sold in state, subject to registration.

Persons Covered:

Purchasers, transferees during express warranty period or any person entitled to enforce the warranty, where vehicle used in substantial part for personal, family, or household purposes.

Period Covered:

Whichever is later: term of express warranty or within one year from date of delivery.

Notice Requirement:

(a) Manufacturer – provide specific separate statement of rights; (b) dealer – must provide notice if repairs have been made to a vehicle after receipt from a manufacturer, if they cost more than $500.00; (b) Consumer – written notice of the nonconformity to the manufacturer, agent or authorized dealer.

Repair Requirements:

It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subjected to three or more repairs, or the vehicle is out of service for a cumulative total of 30 or more calendar days, or there has been one repair if the nonconformity is like to cause death or seriously bodily harm.

Affirmative Defenses:

The nonconformity does not substantially impair the use, or market value or is the result of abuse, neglect, or any unauthorized modifications or alterations.

Replacement/Refund:

The manufacturer shall replace the nonconforming vehicle with a comparable new motor vehicle.

Other Reimbursement:

In a civil action, the consumer may be awarded a refund of the purchase price, including taxes, fees and expenses loss of use, and attorney fees.

Other remedies:

There is no limit on other consumer remedies.

Arbitration:

For remedies under this section, a consumer must use the informal dispute procedure established by the manufacturer provided that it complies with 16 C.F.R. 703, as determined by the attorney general, and if consumer receives timely notice of availability of procedure.

Dealer Liability:

None

Resale of Lemon:

Full disclosure required.