West Virginia Lemon Law

The West Virginia New Motor Vehicle Warranties Act covers new motor vehicles purchased and registered in West Virginia that are still within the manufacturer's express warranty term or the one-year period following original delivery, whichever is earlier. The defect must substantially impair the use, market value, or safety of the vehicle, and you must have given the manufacturer written notice and at least one opportunity to cure. The Act covers consumers, including lessees, but excludes vehicles used primarily for business purposes in commercial fleets and vehicles damaged by abuse, neglect, or unauthorized modifications. Used vehicles outside the original warranty period are not covered by the Lemon Law itself.

Under W. Va. Code § 46A-6A-5, a reasonable number of repair attempts is presumed when, within the manufacturer's express warranty or one year of delivery (whichever is earlier), the same nonconformity has been subject to repair three or more times and still exists, or the vehicle has been out of service for cumulative 30 or more calendar days. For defects 'likely to cause death or serious bodily injury,' only one unsuccessful repair attempt is required. The presumption applies only if the manufacturer received prior written notice and at least one chance to cure; the warranty term and 30-day clock are tolled while repair services are unavailable due to war, strike, or natural disaster.

Used vehicles qualify only if they are still within the manufacturer's original express warranty or the one-year/post-delivery window. There is no separate West Virginia used-car lemon law for vehicles sold past that period. Buyers of older used cars typically rely on the federal Magnuson-Moss Warranty Act (where any written or implied warranty exists), the West Virginia Consumer Credit and Protection Act for deceptive sales, or breach-of-warranty claims under West Virginia's UCC. An effective 'as-is' disclaimer at the time of sale can sharply limit those theories.

Yes. The statutory definition of 'consumer' in § 46A-6A-2 includes lessees, and lessees may pursue the same remedies (refund, replacement, repair) as purchasers. On a refund, the manufacturer pays the lessee, lessor, and any lienholder as their interests appear, and the lease is treated as terminated under the consumer's revocation of acceptance. The same one-year/express-warranty trigger and three-repair (or one-repair safety) thresholds apply, and the lessee must give the manufacturer written notice and an opportunity to cure before suing.

West Virginia has a notably short statute of limitations. Under W. Va. Code § 46A-6A-4(c), any action under the Lemon Law must be commenced within one year after the manufacturer's express warranty expires. Because most factory warranties expire well within three years, this can be a much tighter deadline than the four-year UCC limitations period that applies to ordinary breach-of-warranty claims. For broader relief, consumers often add claims under the West Virginia Consumer Credit and Protection Act, which has its own four-year limitations period, and the federal Magnuson-Moss Warranty Act.

Under § 46A-6A-8, if the manufacturer has established an informal third-party dispute resolution program that complies with West Virginia Attorney General rules, the consumer must give that program a chance to resolve the dispute before filing suit. Many manufacturers use BBB AUTO LINE for that purpose. If your manufacturer has no qualifying program, you can file directly in circuit court. Note that the Lemon Law cause of action runs against the manufacturer only — not the selling dealer.

Under W. Va. Code § 46A-6A-4, a consumer who prevails can obtain revocation of acceptance and refund of the purchase price (including sales tax, license, and registration fees), reimbursement of repair expenses to bring the vehicle into conformity, compensation for lost use and replacement transportation, and reasonable attorneys' fees. The statute does not authorize treble or punitive damages on its own, but § 46A-6A-9 preserves all other consumer remedies, and many West Virginia consumers add a claim under the West Virginia Consumer Credit and Protection Act or the federal Magnuson-Moss Warranty Act for additional statutory damages and fee-shifting.