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West Virginia Lemon Laws: What you might not know

| Jul 16, 2021 | Lemon Law |

West Virginia has an exceptionally strong Lemon Law. Many state lemon laws only cover new vehicles.  A few state lemon laws cover used vehicles only during the first year of original ownership, but West Virginia goes further.  The West Virginia Lemon Law covers new and used vehicles under warranty and there is no mileage limitation for claims.

More about the Lemon Law repair process

There is a misconception among consumers that the West Virginia Lemon Law only applies to problems  that started in the first year of ownership. While there is language in the Lemon Law about repairs during the first year that at first glance appears to exclude coverage after the first year, that is not the case.

The WV Lemon Law requires manufacturers to repair motor vehicles during the period of the express warranties or the first year of delivery to the original owner, whichever is longer. The key language is “whichever is longer.”

Most consumer car and truck bumper to bumper warranties are at least three years.  The typical warranty is longer than one year, so the manufacturer is subject to the provisions of the WV Lemon Law for the entire time of the warranty, not just the first year.

The language in the Lemon Law regarding a reasonable number of attempts if the vehicle is out of service for 30 days or three repair attempts in the first year also leads some consumers to believe that they do not qualify.

The 30 day or three repairs in the first year provision is not a requirement for recovery but is a legal presumption.  A legal presumption makes it easier to prove a violation of a law but does not have to be proven for a violation. This means that it is easier to prove that a manufacturer violated the Lemon Law if the vehicle has been out of service for at least 30 days or three repairs for the same problem in the first year, but a case can still be established without the 30 days or three repairs in the first year.

Facing repeat auto repairs? Get a legal advocate on your side

If your dealership has failed to fix a problem under warranty after repeat repair attempts, contact Roseman Law Firm at 800-745-5259 or www.helpforlemoncars.com for a free consultation to see if you have a WV Lemon Law case.