Key takeaways
- Protection period: defects must be reported during the express warranty term or within one year after original delivery, whichever is longer. The repair presumptions use the warranty term or one year, whichever is earlier.
- Repair attempts: same nonconformity subject to repair three or more times within the express warranty term or one year after delivery, whichever is earlier, and it continues to exist.
- Days out of service: cumulative total of 30 or more calendar days within the warranty term or one year, whichever is earlier.
- Deadline: within one year of the expiration of the express warranty term.
- The law is W. Va. Code §§ 46A-6A-1 to 46A-6A-9. Read it with your repair orders and your warranty in front of you.
On this page
West Virginia's lemon law is W. Va. Code §§ 46A-6A-1 to 46A-6A-9, the West Virginia lemon law (Motor Vehicle Warranties, W. Va. Code ch. 46A, art. 6A). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
West Virginia lemon law at a glance
| Statute | W. Va. Code §§ 46A-6A-1 to 46A-6A-9 |
|---|---|
| Official name | West Virginia lemon law (Motor Vehicle Warranties, W. Va. Code ch. 46A, art. 6A) |
| Vehicles covered | New passenger automobiles purchased or registered and titled in West Virginia, including Class A pickup trucks and vans and the self-propelled chassis of Class A or B motor homes, used primarily for personal, family or household purposes. Also covers self-propelled farm vehicles of 20 horsepower or more. Motorcycles are not listed. |
| Leased vehicles | The statute does not extend its lemon law remedies to lessees. |
| Protection period | Defects must be reported during the express warranty term or within one year after original delivery, whichever is longer. The repair presumptions use the warranty term or one year, whichever is earlier. |
| Repair attempts | Same nonconformity subject to repair three or more times within the express warranty term or one year after delivery, whichever is earlier, and it continues to exist. |
| Serious safety defects | A nonconformity likely to cause death or serious bodily injury if driven, subject to repair at least once within the warranty term or one year, whichever is earlier, and it continues to exist. |
| Days out of service | Cumulative total of 30 or more calendar days within the warranty term or one year, whichever is earlier. |
| Notice to the manufacturer | The presumption applies only if the manufacturer received prior written notification from or on behalf of the consumer and had at least one opportunity to cure. Buyers must receive a written statement at purchase saying they must first notify the manufacturer in writing. |
| Dispute programs | If a third-party dispute resolution process qualified under Attorney General rules exists and the consumer was timely notified in writing, the consumer must use it before suing. Limitation periods are tolled while it is pending. |
| Deadline to bring a claim | Within one year of the expiration of the express warranty term. |
| Remedies | The manufacturer must replace the vehicle with a comparable new vehicle. In a court action the consumer may get revocation of acceptance and a refund of the purchase price (including sales tax, license and registration fees and other reasonable purchase expenses) or diminished-value damages, plus repair costs and loss of use damages. The article states no use-offset formula. |
| Attorney's fees | Yes. Reasonable attorney fees may be awarded to the consumer in an action under § 46A-6A-4. |
| Used vehicles | No used-car lemon law. A person to whom the new vehicle is transferred during the express warranty is a covered consumer. |
Does your vehicle qualify in West Virginia?
The law covers new passenger automobiles purchased or registered and titled in West Virginia, including Class A pickup trucks and vans and the self-propelled chassis of Class A or B motor homes, used primarily for personal, family or household purposes. Also covers self-propelled farm vehicles of 20 horsepower or more. Motorcycles are not listed. The protection period is defects must be reported during the express warranty term or within one year after original delivery, whichever is longer. The repair presumptions use the warranty term or one year, whichever is earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair three or more times within the express warranty term or one year after delivery, whichever is earlier, and it continues to exist.
- Serious safety defect: A nonconformity likely to cause death or serious bodily injury if driven, subject to repair at least once within the warranty term or one year, whichever is earlier, and it continues to exist.
- Days out of service: Cumulative total of 30 or more calendar days within the warranty term or one year, whichever is earlier.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
The presumption applies only if the manufacturer received prior written notification from or on behalf of the consumer and had at least one opportunity to cure. Buyers must receive a written statement at purchase saying they must first notify the manufacturer in writing.
If a third-party dispute resolution process qualified under Attorney General rules exists and the consumer was timely notified in writing, the consumer must use it before suing. Limitation periods are tolled while it is pending.
Deadline: Within one year of the expiration of the express warranty term.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
The manufacturer must replace the vehicle with a comparable new vehicle. In a court action the consumer may get revocation of acceptance and a refund of the purchase price (including sales tax, license and registration fees and other reasonable purchase expenses) or diminished-value damages, plus repair costs and loss of use damages. The article states no use-offset formula. Yes. Reasonable attorney fees may be awarded to the consumer in an action under § 46A-6A-4. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside West Virginia's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your West Virginia vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in West Virginia?
Under W. Va. Code §§ 46A-6A-1 to 46A-6A-9, the presumption is met when same nonconformity subject to repair three or more times within the express warranty term or one year after delivery, whichever is earlier, and it continues to exist. A defect likely to cause death or serious injury has its own test: A nonconformity likely to cause death or serious bodily injury if driven, subject to repair at least once within the warranty term or one year, whichever is earlier, and it continues to exist. The law also counts time in the shop: cumulative total of 30 or more calendar days within the warranty term or one year, whichever is earlier.
How long do I have to file a lemon law claim in West Virginia?
Within one year of the expiration of the express warranty term. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the West Virginia lemon law cover used cars?
No used-car lemon law. A person to whom the new vehicle is transferred during the express warranty is a covered consumer. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the West Virginia lemon law cover leased vehicles?
The statute does not extend its lemon law remedies to lessees. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in West Virginia?
The presumption applies only if the manufacturer received prior written notification from or on behalf of the consumer and had at least one opportunity to cure. Buyers must receive a written statement at purchase saying they must first notify the manufacturer in writing. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in West Virginia?
If a third-party dispute resolution process qualified under Attorney General rules exists and the consumer was timely notified in writing, the consumer must use it before suing. Limitation periods are tolled while it is pending.
Can I recover attorney's fees under the West Virginia lemon law?
Yes. Reasonable attorney fees may be awarded to the consumer in an action under § 46A-6A-4. We explain exactly how fees work in your case before you sign anything.