Lemon Law in West Virginia

West Virginia Lemon Law

West Virginia offers protection against the purchase of "lemons," vehicles that don't meet the requirements and obligations under the terms of warranties.

The West Virginia lemon law allows vehicle manufacturers a certain number of attempts to repair your vehicle's defect/malfunction before they are required to offer you a replacement vehicle or a refund of your purchase.

On this page you'll find an overview of the West Virginia lemon law, criteria that classifies your vehicle as a lemon, and the steps you may need to take to fix the problem.

What Is a "Lemon" in West Virginia?

Simply put, lemons in West Virginia are any passenger vehicles that are sold new to a consumer in the state but are flawed and unable to be repaired after a reasonable number of attempts.

If the vehicle can't be repaired within the terms of the warranty after a reasonable number of attempts, you may have a lemon. Additionally, your vehicle will generally need to have a defect that either:

  • Significantly reduces the market resale value of the car.
  • Makes it unsafe to drive and likely to cause a serious injury or even death.
  • Impairs the normal function of the car.

"Reasonable repair attempts" are defined as:

  • 1 attempt for conditions that could result in death or serious bodily injury.
  • 3 attempts for all other conditions.

It is the duty of the manufacturer, agent, or authorized dealer to replace the vehicle. It is also the right of the consumer to sue for repurchase if the vehicle is not replaced.

Matters should be initially handled with the manufacturer, agent, or authorized dealer. However, attorneys who specialize in the West Virginia lemon law can assist with legal matters, and in West Virginia, you can file a lawsuit without having to arbitrate your claim.

WV Lemon Law Compensation & Settlement

If your vehicle is indeed a lemon, you could be entitled to a full or partial refund, or a comparable replacement for your defective vehicle. Your reimbursement may include:

  • Sales tax, license and registration fees, expenses incurred due to the purchase of the new vehicle, and/or damages for the diminished value of the vehicle.
  • Damages for the cost of repairs.
  • Damages for the loss of use and inconvenience.
  • Attorney fees.

Hiring a West Virginia Lemon Law Attorney

When you're having difficulty getting a replacement or refund for your lemon, you'll want to consider hiring a lemon law attorney. When searching for a lawyer, keep the following tips in mind:

  • Hire someone local to West Virginia with experience in lemon law.
    • Lemon laws vary depending on your state.
  • Ask for recommendations or referrals.
  • Ask about fees and payment terms.
    • Make sure there aren't any hidden costs.

Benefits of WV Lemon Law Attorneys

Lawyers can offer assistance in various ways, such as:

  • Determining your best options.
  • Handling communications with the dealer or vehicle manufacturer.
  • Preparing the documentation you'll need for your lemon law case.
  • Negotiating settlements with a dealer or manufacturer.

Trying to figure out how to handle a lemon law case on your own can take up a lot of time. Consider hiring a lemon law lawyer to simplify the process.

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