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West Virginia Lemon Law: Do You Qualify?

Under the W. Va. Code § 46A-6A-1 et seq. (West Virginia Lemon Law).

West Virginia’s lemon law applies to new motor vehicles, for a purchaser using the vehicle primarily for personal, family or household purposes. It presumes a reasonable number of repair attempts after three repairs of the same nonconformity that continues to exist, thirty cumulative calendar days out of service, or one manufacturer repair of a defect likely to cause death or serious bodily injury that continues to exist, within the express warranty term or the first year after delivery, whichever is earlier. The presumption applies against a manufacturer only if it received your prior written notification and had at least one opportunity to cure, and a lawsuit must be commenced within one year of the end of the express warranty term. If your vehicle keeps coming back, you may qualify; the free checker below applies West Virginia’s rules to your answers.

West Virginia lemon law at a glance

Who and what is covered
A purchaser (not for resale) of a new motor vehicle used primarily for personal, family or household purposes, a person to whom it is transferred for the same purposes during the duration of an express warranty applicable to it, and any other person entitled by the warranty’s terms to enforce it. "Motor vehicle" is a passenger automobile purchased or registered and titled in West Virginia, including a pickup truck or van registered as a Class A motor vehicle, the chassis of a motor home registered as Class A or B, or a self-propelled farming vehicle of 20 horsepower or more (farm vehicles carry no personal-use condition).
Coverage window
The manufacturer, its agent or its authorized dealer must make the repairs if the nonconformity is reported during the express warranty term or within one year after original delivery, whichever is longer. For the presumption, the warranty term or one year, whichever is earlier. Both are extended by any period repair services were unavailable because of a war, invasion, strike, fire, flood or other natural disaster. No mileage limit is stated.
Repair attempts
3 or more repairs of the same nonconformity by the manufacturer, its agents or its authorized dealers, with the nonconformity continuing to exist, or 1 repair by the manufacturer of a condition likely to cause death or serious bodily injury if the vehicle is driven, with the nonconformity continuing to exist.
Days out of service
30 or more cumulative calendar days out of service by reason of repair, within the warranty term or the first year (whichever is earlier), as an alternative to the three-repair rule.
Written notice
The presumption applies against a manufacturer only if it received prior written notification from or on behalf of the consumer and had at least one opportunity to cure the defect. At purchase the manufacturer must give you a separate written statement that says you must first notify the manufacturer of the problem in writing to be entitled to replacement or compensation. The act sets no time, method or address for the notice.
Dispute program
If a qualified third-party dispute process exists and you received timely written notice of it, you must try it before suing. Under the Attorney General’s rules the requirement is satisfied 40 days after the mechanism is notified of the dispute, or when it completes its duties, whichever is sooner, unless the rules allow it to delay. The mechanisms are supervised by the Attorney General’s consumer protection division; the act sets up no state-run arbitration program.
Deadline to sue
An action must be commenced within one year of the expiration of the express warranty term. Limitation periods are tolled while a complaint is before a third-party dispute process.
What the act gives
The manufacturer shall replace the vehicle with a comparable new one. In court you may be awarded all or any portion of: revocation of acceptance and a refund of the purchase price including sales tax, license and registration fees and other reasonable expenses incurred for the purchase (or diminished-value damages); the cost of repairs reasonably required to conform the vehicle; loss-of-use, annoyance or inconvenience damages including replacement transportation; and reasonable attorney fees. The act states no deduction for use and no multiplied damages. Other remedies under other law are preserved.
Defenses
It is an affirmative defense that the nonconformity does not substantially impair the use or market value, or that it is the result of abuse, neglect or unauthorized modifications or alterations by anyone other than the manufacturer, its agent or its authorized dealer.
Who can be sued
Only the manufacturer. The act does not create a cause of action against an authorized dealer, and the manufacturer bears the total cost of performing its warranty duties; an agreement shifting that cost to the dealer is void.
Used vehicles and leases
The act applies to a new motor vehicle, and a person to whom the vehicle is transferred during an express warranty applicable to it is also a consumer; the act has no separate used-vehicle provision. It does not mention lessees. A separate provision lets a buyer of certain used vehicles sold "as is" cancel the sale by the end of the dealer’s third business day, but it is not a repair-attempt law.
Dealer and resale disclosures
An authorized dealer must give a written disclosure of repairs worth five percent of the manufacturer’s suggested retail price performed after shipment. A vehicle returned under the act may be resold in West Virginia only after the nonconformity is corrected and a written statement is given.

Check your West Virginia eligibility now

Free, anonymous, and specific to West Virginia. Answer a few questions about your vehicle and repair history to see whether you may qualify.

West Virginia lemon law: frequently asked questions

How many repair attempts does the West Virginia lemon law require?
The act presumes a reasonable number of attempts after three or more repairs of the same nonconformity by the manufacturer, its agents or its authorized dealers within the warranty term or first year, whichever is earlier, if the problem continues. One repair by the manufacturer is enough for a condition likely to cause death or serious bodily injury. Thirty or more cumulative calendar days out of service is an alternative. A claim can also rest on the nonconformity existing after a reasonable number of attempts without the presumption.
Do I have to notify the manufacturer in writing?
The presumption applies against a manufacturer only if it received prior written notification from or on behalf of the consumer and had at least one opportunity to cure the defect. The statement the manufacturer must give you at purchase says that to be entitled to replacement or compensation you must first notify the manufacturer of the problem in writing and give it an opportunity to repair. The act does not say at what address, by what method or by when, or what follows if no notice was given.
How long do I have to sue under the West Virginia lemon law?
An action must be commenced within one year of the expiration of the express warranty term. Limitation periods are tolled between the filing of a complaint with a third-party dispute process and its decision, or the date the decision must be fulfilled, whichever is later. The act also extends the term of an express warranty by any period repair services were unavailable because of a war, invasion, strike, fire, flood or other natural disaster.
Does the West Virginia lemon law cover used or leased vehicles?
The act applies to a new motor vehicle. A person to whom it is transferred for personal, family or household purposes during an express warranty applicable to it is a consumer, but the act has no separate used-vehicle provision and does not mention lessees. A separate provision lets a buyer of certain used vehicles sold "as is" cancel the sale by the end of the dealer’s third business day, but it is not a repair-attempt law.
What can I recover if my vehicle qualifies?
The act says the manufacturer shall replace the vehicle with a comparable new one. In court you may be awarded revocation of acceptance and a refund of the purchase price including sales tax, license and registration fees and other reasonable expenses, or diminished-value damages, plus repair costs, loss-of-use damages and reasonable attorney fees, all or any portion. The act states no deduction for use and no multiplied damages.

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Statutes cited on this page

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.

Lemon law guides for other states

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