LEMON LAW

The Lemon Law places upon the manufacturers of motor vehicles the duty to meet their obligations and responsibilities under the terms of the express warranties extended to consumers in West Virginia.

What is the first step in determining whether or not my vehicle may be a lemon?

The Lemon Law applies to passenger automobiles, including pickup trucks and vans and any self-propelled motor vehicle chassis of motor homes sold new to a consumer in the State.

The vehicle must either still be covered by the express warranty and the consumer reports the problem to the manufacturer during the term of that express warranty or during the period of one year following the date of original delivery to the consumer, whichever is the later date.

How many times does my new vehicle have to be submitted for repair before it can be considered a "lemon"?

If the manufacturer, its agents, or its authorized dealer are unable to conform your new vehicle to any applicable express warranty by repairing or correcting any defect after a reasonable number of attempts, the manufacturers shall replace the new motor vehicle with a comparable new motor vehicle which does conform to the warranties.

What is considered a "reasonable" number of attempts?

It is presumed that a reasonable number of attempts have been undertaken if the same unconformity has been subject to repair three or more times within the above-referenced time frame.

It is important to note that if the nonconformity results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, the vehicle may have been subject to repair one time.

Is the manufacturer required to inform consumers of their rights under the Lemon Law?

Yes! At the time of purchase, the manufacturer, either directly or through its agent or its authorized dealer, must provide the consumer a written statement on a separate piece of paper, in ten point all capital type, in substantially the following form:

"IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO A REPLACEMENT OR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO A REPLACEMENT OR TO COMPENSATION, YOU MUST FIRST NOTIFY THE MANUFACTURER OF THE PROBLEM IN WRITING AND PROVIDE THE MANUFACTURER AN OPPORTUNITY TO REPAIR THE VEHICLE."

Does a dealer have a duty to inform consumers of any repairs that have been performed on a new vehicle?

Yes, if the repairs have a retail value of $500.00 or more and were performed after shipment from the manufacturer to the dealer, including damage to the new motor vehicle while in transit.

This disclosure must be in writing and does not apply to identical replacement of stolen or damaged accessories or their components, tires or antennae.

If I believe my vehicle is a "lemon" what should I do?

Initially, a consumer that feels they have a valid claim under the Lemon Law should attempt to resolve the issue with the manufacturer. You may choose to contact the manufacturer through the dealer from whom you purchased the car, or you may prefer to contact the manufacturer directly.

If this is not successful, you may want to consult with a lawyer. If you call the West Virginia Consumer Protection Division at 1-800-368-8808 (in state), we can provide you with a list of lawyers who routinely handle lemon law cases. Often the manufacturer or dealer will suggest you submit your claim to arbitration. In West Virginia you do not have to arbitrate your claim before filing a lawsuit.

The consumer may be awarded all or any portion of the following:

• 1) Revocation of acceptance and refund of the purchase price, including, but not limited to, sales tax, license and registration fees, and other reasonable expenses incurred for the purchase of the new motor vehicle, or if there be no such revocation of acceptance, damages for diminished value of the motor vehicle;

• 2) Damages for the cost of repairs reasonably required to conform the motor vehicle to the express warranty;

• 3) Damages for the loss of use, annoyance or inconvenience resulting from the nonconformity, including, but not limited to, reasonable expenses incurred for replacement transportation during any period when the vehicle is out of service by reason of the nonconformity or by reason of repair, and

• 4) Reasonable attorney fees.

To view the related West Virginia Code, click here