The Lemon Law in West Virginia is a consumer protection law designed to assist individuals who have purchased or leased defective new motor vehicles, commonly referred to as "lemons." The law provides remedies for consumers who have experienced repeated issues that substantially impair the use, value, or safety of a new motor vehicle.  If a manufacturer, its agents, or authorized dealer fail to correct this type of defect after a reasonable number of attempts, the manufacturer must refund the purchase price, replace the vehicle, and/or pay for other damages and reasonable attorneys fees.

Key aspects of the Lemon Law in West Virginia:

1.     New Motor Vehicles.  The law covers new motor vehicles, including cars, trucks, motorcycles, and recreational vehicles (RVs), that are purchased or leased in West Virginia for personal, family, or household use.

2.     Defects. The Lemon Law applies to vehicles that have substantial defects or nonconformities that occur within the first year of ownership or during the manufacturer's warranty period (whichever comes first) and have not been fixed after a reasonable number of repair attempts.

3.     Reasonable Number of Repair Attempts: If a vehicle has a defect that substantially impairs its use, value, or safety, the manufacturer or authorized dealer must be given a reasonable number of attempts to fix the problem. West Virginia law defines a "reasonable number of attempts" as three or more unsuccessful repair attempts or the vehicle being out of service for a cumulative total of 30 or more calendar days.  However, if the defect is likely to cause death or bodily injury if the vehicle is driven, it must only be subject to repair one time. 

4.     Against Manufacturer, Not Local Dealership.  The Lemon Law only applies to warranties for new motor vehicles made by the manufacturer, i.e., FCA (Chevy), General Motors, Toyota, etc.  There is no cause of action against local auto dealerships.  It is important in any West Virginia Lemon Law case that the manufacturer, and not just the dealership, has been put on notice of the defect.

5.     Remedies: If the manufacturer or authorized dealer is unable to repair the defect within a reasonable number of attempts, the consumer is entitled to certain remedies, which may include a replacement vehicle or a refund of the purchase/lease price, including sales tax, license and registration fees, and other reasonable expenses incurred during the new vehicle purchase.  The consumer may also be awarded damages for reasonable repairs, loss of use, annoyance or inconvenience resulting from the defect, including reasonable expenses for replacement transportation when the vehicle is out of service for repair.

6.     Attorney’s Fees.  If a consumer substantially prevails in a West Virginia Lemon Law lawsuit, the Court may award him or her reasonable attorney fees incurred by the lawyer who litigated the case in addition to the refund, repurchase, or other damages awarded.  

Remember that lemon law requirements and procedures can vary by state, so it's important to consult the specific lemon law provisions in West Virginia or seek legal advice to ensure you are following the correct process for your situation.  At Garcia Law, PLLC, we offer a free consultation where we can discuss your lemon law matter and answer any questions you may have.