In West Virginia, the state's consumer protection laws govern the rights consumers have against sellers of defective vehicles. The state's lemon law covers vehicle purchase transactions within the state, and buyers who purchase defective vehicles may have legal rights against vehicle sellers if they are covered by any existing express warranties.
Lemon Law
The West Virginia Lemon Law covers vans, trucks, automobiles and motor homes' vehicle chassis. The law applies to both used and new passenger vehicles but only covers new motor home sales. Under the state's lemon law, vehicle owners have recourse against sellers if they are still covered by an existing written warranty or within one year following the sale, whichever occurs later. To seek coverage under the state's consumer protection law, the driver must report defects within this time frame.
Reasonable Number of Attempts
If a consumer is protected by the state's lemon law, she must provide the vehicle seller with an opportunity to remedy the defect. If the dealer or manufacturer is unable to repair the defect after a reasonable number of repair attempts, it must offer a replacement vehicle of the same make and model or comparable vehicle. The replacement must conform to its warranties. Under West Virginia law, a car buyer has given the dealer or manufacturer a reasonable number of attempts to cure defects if she provided at least three repair opportunities, and the dealer was unable to remedy those defects after three attempts.
Limitations
Only car dealers and manufacturers have a legal duty to remedy covered defects under their express warranties. Private sellers do not have any obligations, and the car buyer must pursue his rights to remedy from the dealer or manufacturer that issued the original warranty. According to West Virginia law, defects that are significantly likely to cause serious injury or death are not subject to the three attempts rule. In this case, the owner can provide the dealer with only one chance to fix the defect, and if it unable to remedy the problem, the buyer can demand a replacement vehicle.
Disclosures
West Virginia's lemon law requires manufacturers and dealerships to post a written notice to buyers of their rights under the consumer protection law. The dealer's written notice must be displayed prominently in at least 10-point font and in all capital letters. The disclosure must be given to the consumer at the time of purchase. The disclosure statement must contain the exact information as it appears in the state's statute. Dealers also have a duty of informing consumers of any existing repairs made on new vehicles. Under West Virginia law, a dealer must disclose a repair if the retail value of the repair was at least $500 and it performed the repair after the shipping date when the dealer accepted the manufacturer's merchandise.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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