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Does the West Virginia Lemon Law cover leased vehicles?

On Behalf of | Jun 9, 2023 | Lemon Law |

The West Virginia Lemon Law says that purchased vehicles are covered but makes no mention of leases. Does that mean that leased vehicles are not protected under the Lemon Law in WV?

Leased vehicles are not transferred

In addition to owners of purchased vehicles, the WV Lemon Law includes anyone to whom a vehicle under warranty is transferred to and anyone entitled to enforce a vehicle warranty. For the provision for transferred vehicles, the owner of a leased vehicle is usually a lease trust and not the person who signed the lease the vehicle. The person leasing the vehicle has authority to drive the vehicle but has the vehicle been transferred to the driver? If transfer is understood to be transfer of title, then no, the person leasing the vehicle likely would not be considered a person to whom the vehicle was transferred.

Drivers of leased vehicles can enforce the warranty

The West Virginia Lemon Law also covers individuals entitled to enforce the warranty. A consumer leasing a car absolutely has a right to enforce the warranty. Therefore, a person leasing a vehicle in West Virginia is eligible to file a claim under the West Virginia Lemon Law, even though the Lemon Law does not explicitly mention leases.

If you are having problems with your vehicle in West Virginia, contact Roseman Law Firm to see if your car qualifies as a lemon.

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