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West Virginia

West Virginia Lemon Law

West Virginia Lemon Law Chapter 46a, ? 6A 1-9

CHAPTER 46A, ARTICLE 6A
CONSUMER PROTECTION–NEW MOTOR VEHICLE WARRANTIES

West Virginia Lemon Law 46A-6A-1. Legislative declarations

West Virginia Lemon Law 46A-6A-2. Definitions.

West Virginia Lemon Law 46A-6A-3. Manufacturer’s duty to repair or replace new motor vehicles.

West Virginia Lemon Law 46A-6A-3a. Dealer’s duty to disclose repairs to consumer.

Beginning the first day of July, one thousand nine hundred eighty-nine, all authorized dealers of new motor vehicles purchased in this state shall provide to any consumer a written disclosure of any repairs to a new motor vehicle which repairs have a retail value of five hundred dollars or more and were performed after shipment from the manufacturer to the dealer, including damage to the new motor vehicle while in transit. This disclosure requirement does not apply to identical replacement of stolen or damaged accessories or their components, tires or antennae. For purposes of this section, a motor vehicle is not a new motor vehicle when it has been previously titled or the motor vehicle has been damaged in such a manner that, were the damage not repaired, the value and usability of the motor vehicle would be substantially impaired.

West Virginia Lemon Law 46A-6A-4. Civil action by consumer.

West Virginia Lemon Law 46A-6A-5. Presumption of reasonable number of attempts; extension of warranty term when repair services unavailable.

West Virginia Lemon Law 46A-6A-6. Written statement to be provided to consumer.

At the time of purchase the manufacturer, either directly or through its agent or its authorized dealer, must provide the consumer a written statement on a separate piece of paper, in ten point all capital type, in substantially the following form:”IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO REPLACEMENT OR TO COMPENSATION, YOU MUST FIRST NOTIFY THE MANUFACTURER OF THE PROBLEM IN WRITING AND PROVIDE THE MANUFACTURER AN OPPORTUNITY TO REPAIR THE VEHICLE.”

?46A-6A-7. Resale of returned motor vehicle.

If a new motor vehicle has been returned under section three of this article or a similar statute of another state, it may not be resold in this state unless the manufacturer corrects the nonconformity and provides the consumer with a written statement on a separate piece of paper in ten point all capital type, in substantially the following form:”IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER’S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY WEST VIRGINIA LAW.”: Provided, That no manufacturer shall require by agreement or otherwise, either directly or indirectly, that any of its authorized dealers in this state accept such a motor vehicle for resale.

West Virginia Lemon Law 46A-6A-8. Third party dispute resolution process; attorney general to promulgate rules and regulations.

West Virginia Lemon Law 46A-6A-9. Other remedies available.

Nothing in this article shall be construed to limit any right or remedy which is otherwise available to a consumer or authorized dealer of a manufacturer under any other law.