West Virginia Lemon Law Refund Calculator

How the West Virginia buyback is calculated

Under the West Virginia Lemon Law.

• West Virginia’s act says that if a defect or condition that substantially impairs the use or market value of the vehicle is not corrected after a reasonable number of repair attempts, the manufacturer shall replace the vehicle with a comparable new one. Section 3 states no refund option, and the act does not say who chooses between replacement and refund.
• In court, a consumer may be awarded revocation of acceptance and a refund of the purchase price, including, but not limited to, sales tax, license and registration fees, and other reasonable expenses incurred for the purchase. If there is no revocation, the court may award damages for the diminished value of the vehicle.
• The act does not state a deduction for your use of the vehicle, so the calculator does not subtract one. Finance charges are not named in the refund, so the calculator does not add them to it.
• A court may also award the cost of repairs reasonably required to conform the vehicle and damages for loss of use, annoyance or inconvenience (including reasonable replacement transportation). These are separate awards, not part of the refund; the calculator adds the repair costs and replacement transportation you enter as a separate line.
• The act states no multiplied damages or penalties, so the calculator adds none.

West Virginia lemon law: frequently asked questions

How much can I recover under the West Virginia lemon law?

A court may award 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 if there is no revocation. It may also award repair costs, loss-of-use damages and reasonable attorney fees, all or any portion. The act states no deduction for use. Run your numbers through our calculator for an estimate.

Does West Virginia let me choose a refund or a replacement?

Section 3 of the act says the manufacturer shall replace the vehicle with a comparable new one and states no refund option. In a lawsuit the court may award a refund through revocation of acceptance. The act does not say who chooses between the two.

Is there a penalty or extra damages if the manufacturer refuses?

The act states no multiplied damages or penalties. Nothing in the article limits any other right or remedy you may have under other law.

Who pays the attorney?

In an action under the act the consumer may be awarded reasonable attorney fees. The act says "may": whether a fee is awarded is for the court.

Does the calculator work for a lease?

The act does not mention a lease and has no lease refund provision. For a lease the calculator uses what you paid (cap-cost reduction, payments, deposit) in place of the price, which is a stand-in, not a statutory figure, so treat the result as a rough guide and ask an attorney.