STANDARDS OF THE WEST VIRGINIA LEMON LAW

The following is a brief explanation of most relevant provisions of the West Virginia
lemon law.  The complete text of the lemon law can be found at West Virginia Code 46A-
6A-1 et seq.
VEHICLES COVERED
The West Virginia lemon law covers a “motor vehicle”, meaning a passenger automobile
sold in West Virginia.  This includes pickup trucks and vans with a gross weight not
more than eight thousand pounds; and any self-propelled chassis of a motor home.
CONSUMERS COVERED
The lemon law covers the following “consumers”:
1.   The purchaser, other than for purposes of resale, of a new motor vehicle that is used
primarily for personal, family, or household purposes;
2.   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
3.   Any other person entitled by the terms of the warranty to enforce its obligations.
The lemon law appears not to cover a lessee.
VEHICLE CONVERTERS
The lemon law applies to vehicle converters.
PROBLEMS COVERED
The lemon law covers a defect or condition that substantially impairs the use or market
value of the motor vehicle to the consumer.  This is referred to as a nonconformity.
The lemon law provides an affirmative defense if it can be shown that the alleged
nonconformity does not substantially impair the use or market value of the vehicle, or
the nonconformity is the result of abuse, neglect, or unauthorized modifications or
alterations by anyone other than the manufacturer, its agent, or authorized dealers.
MANUFACTURER’S DUTY TO REPAIR 
If a new motor vehicle does not conform to all applicable express warranties and the
consumer reports the nonconformity to the manufacturer, its agent or authorized dealer
within the term of the express warranties or within one year following the date of the
motor vehicle’s original delivery to a consumer, whichever is later, then the
manufacturer, its agent or dealer must make the necessary repairs to conform the motor
vehicle to the express warranties.  The necessary repairs must be made even if the
warranty term has expired.

MANUFACTURER’S DUTY TO REPURCHASE OR REPLACE A VEHICLE 
If the manufacturer, its agent or authorized dealer is unable to conform the new motor
vehicle to any applicable express warranty by repairing or correcting a nonconformity
after a reasonable number of attempts, then the manufacturer must replace the new
motor vehicle.
If the manufacturer does not replace the vehicle, the consumer may sue the
manufacturer for repurchase of the vehicle.
REASONABLE NUMBER OF REPAIR ATTEMPTS
The West Virginia lemon law establishes a presumption that a reasonable number of
attempts have been undertaken to conform the new motor vehicle to the applicable
express warranties if, within the term of the express warranties or within one year
following the date of the motor vehicle’s original delivery to a consumer, whichever is
earlier, any of the following occurs:
1.   The same nonconformity has been subject to repair three or more times by the
manufacturer, its agents or authorized dealers, and the nonconformity continues to
exist;
2.   A nonconformity that results in a condition that is likely to cause death or serious
bodily injury if the vehicle is driven, has been subject to repair at least once by the
manufacturer and  the nonconformity continues to exist; or
3.   The motor vehicle is out of service by reason of repair for a cumulative total of 30 or
more calendar days.
The term of an express warranty, the one-year period and the thirty day period are
extended by any period during which repairs are unavailable because of a war, invasion,
strike or fire, flood or other natural disaster.
NOTICE AND OPPORTUNITY TO REPAIR
The presumption that a reasonable number of attempts has been undertaken 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.
DISPUTE RESOLUTION
A consumer may not assert a cause of action under the lemon law unless the consumer
initially resorts to a third party dispute resolution process if:
1.   The West Virginia Attorney General has certified that the third party dispute
resolution process complies with 16 C.F.R. Part 703 and with the lemon law and
regulations; and

2.   The consumer received timely notification in writing of the availability of the third
party dispute resolution process with a description of its operation and effect.
TIME PERIOD FOR FILING CLAIMS
An action must be commenced within one year of the expiration of the express warranty
term.  This period of limitation does not run for the period between the date the
consumer files a complaint with a third party dispute resolution process and the date of
its decision or the date by which the manufacturer is required by the decision to fulfill its
terms, whichever occurs later.

REMEDIES UNDER THE WEST VIRGINIA LEMON LAW

REPURCHASE
The West Virginia lemon law sets out the following amounts that a manufacturer must
pay when it repurchases a vehicle under the lemon law: 
1.   The purchase price, including but not limited to sales tax, license fees, registration
fees, and other reasonable expenses incurred for the purchase of the vehicle; 
2.   Damages for the cost of repairs reasonably required to conform the vehicle to the
express warranty; and
3.   Damages for loss of use, annoyance, or inconvenience resulting from the
nonconformity, including reasonable expenses incurred for replacement
transportation during any period when the vehicle is out of service by reason of the
nonconformity or by reason of repair. 
REPLACEMENT
When replacing a vehicle under the West Virginia lemon law, the manufacturer must
provide a comparable new motor vehicle.