Like every state, West Virginia has laws that protect a consumer that has purchased a lemon; a vehicle that fails to perform and meet the vehicle requirements as stated in the warranty. As is true in all states, the law in West Virginia gives the vehicle manufacturer a specific number of opportunities to repair the defect before you have the right to demand a replacement vehicle or a refund of the purchase price.
What classifies as a lemon under West Virginia law?
A lemon in West Virginia is a passenger vehicle that is sold new to a resident of the state but the vehicle turns out to have a problem that cannot be fixed after a reasonable number of tries. If a repair cannot be made while the vehicle is still under the manufacturer’s warranty it may be classified as a lemon. Not all defects make the car a lemon, a loose rear view mirror does not qualify but if the defect has a detrimental effect on the cars normal function, if it reduces the resale value or perhaps most importantly, makes the vehicle unsafe and likely to be the cause of injury or death.
Under this definition the term “reasonable” in the state of West Virginia means only one attempt at repairing a condition that might result in injury or death and three chances for the other conditions noted.
In the event the vehicle is a lemon it is the responsibility of the manufacturer, the manufacturer’s agent or dealer to provide a replacement. If the consumer does not want a replacement he can demand that the vehicle be repurchased or bought back.
Under the terms of the West Virginia lemon law the consumer is entitled to reimbursement of any sales tax, license and registration fees that were paid at the time the vehicle was purchased. Furthermore the consumer can claim for damages that cover the cost of the repair attempts, damages for inconvenience and loss of use of the vehicle and any legal fees incurred.
Even your car has shown no evidence of being a lemon; the manufacturer and the dealer are obliged to provide certain information. It is the obligation of the manufacturer to advise the buyer his or her rights under West Virginia lemon law and dealers are obliged to inform the buyer if any repairs were made to the vehicle prior to it being delivered.
The West Virginia lemon laws are in place to provide consumers protection in the event the new vehicle they purchase fails to perform as stated in the new car warranty. For further information you are invited to visit YourLemonLawRights.com.