New vehicles are expected to function in accordance with those requirements specified in the warranty. The West Virginia Lemon Law was enacted to provide buyers protection in the event their new vehicle does not meet these minimum obligations.
Under the Lemon Law in West Virginia, a vehicle manufacturer is granted a specific number of chances to make good any defect or malfunction before they must either provide you with a new vehicle or refund the money you paid for it.
What are the basics of the West Virginia Lemon Law?
Any passenger car that was sold new in the state of West Virginia that has a defect that cannot be repaired properly after a reasonable number of tries is a lemon. The defect must either:
- Significantly reduce the resale value of the vehicle
- Render the vehicle unsafe to drive and liable to cause serious injury or death
- Impair the expected function of the vehicle
In West Virginia, the term “reasonable” repair attempts, is defined as 1 (one) if the defect is such that it may cause serious injury or death and 3 (three) for the other conditions noted.
In the event, the vehicle is a lemon the manufacturer or the manufacturers authorized dealer are held responsible for replacing the car or refunding the purchase price. In the event the manufacturer or dealer fails in his responsibility, the owner can sue.
The vehicle owner should first attempt to settle the issue with the manufacturer or dealer. If you fail to get the satisfaction you can engage a Lemon Law attorney and sue; there is no need for arbitration prior to filing a lawsuit.
Compensation under West Virginia law:
If your new vehicle is a lemon and you opt for a refund, it will include:
- All taxes and fees that were initially paid
- Any damages for repair costs
- Damages for loss of use
- Attorney’s fees, if applicable
As the West Virginia Lemon Law is quite complex it may be in your best interests to contact a Lemon Law attorney for assistance and advice.
If you purchase a passenger vehicle in West Virginia and it has a defect that cannot be rectified you have recourse under the West Virginia Lemon Law. For more information and a listing of trusted local attorneys, you are invited to visit us
