The state of West Virginia requires all motor vehicle manufacturers to
meet specific responsibilities and obligations for motor vehicles under
warranties. This means that as long as a vehicle is under warranty the
manufacturer must resolve a recurring problem, if the problem is
specifically a lemon.
Lemons can be difficult to define, so each state has created their own
laws and regulations for lemon determination. West Virginia lemon laws
state that only particular motor vehicles can be under consideration.
These include vans, pickups, trucks, automobiles, motor homes, and any
self-propelling motor vehicle chassis. These motor vehicles must have
been sold as new products from the manufacturer while in state lines.
All vehicles must also be under express warranties, though some
conditions do apply. If the owner has reported the problem within the
warranty's time period or after the original delivery's date, the case
will be classified as a legal lemon.
Other Requirements
Each state also sets a minimum number of times a vehicle must have been
repaired without success before being accepted as a lemon. This number
is usually three or four times. West Virginia law does not set a
specific number - though three times is often chosen - but instead
states the number of times to be a "reasonable number." The reasonable
number must be within the one-year timeline and while under warranty.
When a motor vehicle defect can result in bodily harm or death to its
owner or passengers, the reasonable number is lowered to only one
repair before the law mandates replacement. West Virginia also requires
that the repairs made only be enough to satisfy the express warranty
conditions. Any other work for damages or cosmetic work will not be
considered in replacement.
When the owner has attempted to repair the vehicle through an agent,
authorized dealer, or manufacturer, but has not amounted in success,
the manufacturer is required by law to replace the motor vehicle. This
kind of replacement must be a motor vehicle of comparable pricing,
warranty, and function.
State Statutes
The regulations and law for lemon cases in West Virginia are stated in
Chapter 46A of Article 6A in the Consumer Protection Section of New
Motor Vehicle Warranties. The first portion of this statute declares
legislative acts for public policy and why manufacturers are required
to conform to warranties and lemon laws.
The statute's second section outlines definitions of lemon portions.
These include consumer, manufacturer, manufacturer's express warranty,
and motor vehicle. Section three includes the manufacturer's duty in
repairing or replacing the new motor vehicle as well as upholding
warranties.
Another subsections outline a dealer's duties in disclosing all repairs
to a customer, including written disclosure. The list of all
unsuccessful repairs will need to be made to prove a vehicle is indeed
a lemon. Section five lists the obligations of consumer actions,
including any damages, abuse, or attorney fees. Section six requires
written statements be given to consumers, while section seven states
resale of returned motor vehicles. The final two sections of the West
Virginia statute include third party dispute resolution processes and
any further remedies for lemon cases.