Roseman Law Firm, PLLC

What You Can Recover Under the West Virginia Lemon Law

2026-07-07T19:04:58Z

Many state lemon laws only give you a repurchase or a replacement vehicle. In West Virginia, you have more options. If you get stuck with a lemon in West Viriginia, you could get a repurchase, or “buyback”, diminished value, damages for the cost of repairs, and/or damages for annoyance, loss of use, or inconvenience, plus reasonable attorneys’ fees. You can be awarded all or just a portion of these remedies. What is Included in a Repurchase A repurchase refunds your purchase price, sales tax, license and registration fees, and other reasonable expenses. The expenses usually include interest you’ve paid on your loan, though not insurance. If you still owe money on the vehicle, the manufacturer pays off the remaining loan balance on top of giving you back the money you’ve paid. Negative Equity on Trade One tricky situation comes up when a dealer rolls negative equity into the price of your new car. Negative equity means you owe more on your trade-in than the dealer gives you in trade credit. The dealer then covers that gap by inflating both the purchase price and the trade-in credit. West Virginia courts haven’t directly ruled on whether a manufacturer can pay back only what your trade-in was really worth at the time, instead of the inflated amount listed on the purchase agreement. There is a strong argument that you should be reimbursed for the amount shown on your paperwork, not whatever lower number the dealer now claims the trade-in was worth. What Cars are Eligible for Lemon The West Virginia Lemon Law isn’t just for new cars — it also covers used vehicles still under the manufacturer’s warranty. Your best shot at a repurchase is with a new vehicle that’s had at least three repair attempts for the same problem, or spent 30 days in the shop, all within the first year. If your new or used vehicle doesn’t quite meet that three-repairs-or-30-days threshold, a repurchase still isn’t off the table — it’s just a much tougher case to make. No Mileage Deduction in West Virginia One thing other states allow that West Virginia doesn’t: a mileage deduction. Some manufacturers will tell West Virginia car owners that “loss of use” gives them the right to dock the refund for the miles you’ve driven — it doesn’t. A manufacturer can ask you to negotiate a mileage deduction, but nothing in the West Virginia Lemon Law actually entitles them to one. West Virginia also doesn’t offer the typical Lemon Law option of a replacement vehicle instead of a repurchase. Before 2020, manufacturers were generally willing to swap for a replacement vehicle instead of a repurchase once a vehicle was deemed a lemon. That’s changed. Even in states where replacement is offered as an option under the Lemon Law, manufacturers are now very reluctant to actually agree to one. Manufacturers often tell consumers that the West Virginia Lemon Law gives them fewer rights or less money than it actually does. If you have a Lemon vehicle in West Virginia, contact attorney Christina Gill Roseman at Roseman Law Firm at 800-745-5259 to get accurate information on your rights.

How paperwork can make or break a lemon law claim

2026-06-15T14:50:50Z

When you buy a vehicle, whether it is brand-new, refurbished or used under a manufacturer’s warranty, you expect it to be safe and reliable. Unfortunately, too many car buyers drive away from the dealership with a lemon.

If your vehicle has severe defects that impact its safety, value or use, you shouldn't have to pay for the manufacturer's mistakes. Under lemon and warranty laws, you have the right to demand repairs at no cost, a vehicle replacement or a full refund. But manufacturers and dealerships don't just hand these out willingly. To win your case, you need airtight proof.

In the legal world, paperwork is your power. Without the right documentation, a manufacturer can easily claim your vehicle's issues don't exist, aren't severe or that they weren't given a fair chance to fix them.

The Essential Lemon Law Checklist: What You Need to Collect

To hold a manufacturer or dealership accountable, you must prove two things: that the vehicle is defective, and that you gave them a reasonable number of attempts to fix it. The exact number of repair attempts or days out of service required varies by state, but the paperwork you need remains the same.

You must gather and protect the following documents:

Warranty and Sales Paperwork: This establishes when you bought the vehicle and the terms of your coverage.
Detailed Repair Orders: Every time you take the car in, ensure the service advisor writes down your exact complaints. These orders prove what the issue was and what steps (if any) the dealership took to fix it.
Dates and Service Logs: Keep track of every single day your vehicle was sitting in the shop and out of commission.
All Communication Records: Save copies of every email, text message and written exchange with service providers or dealership managers.
Expense Receipts: Keep receipts for towing, rental cars or public transportation used while your vehicle was unavailable.
Recall Notices: Any documentation linking your vehicle’s specific issues to official manufacturer recalls.

How Your Paperwork Proves Your Case

Dealerships often try to sweep recurring issues under the rug. However, multiple repair orders for the same defect within a short window prove that you were proactive, and the dealership failed to fix the problem.

Furthermore, your text messages and emails can expose a dealership's shifting stories, such as admitting they don't know how to fix the root cause, or wrongfully denying your request for a replacement vehicle.

When a manufacturer refuses to comply with consumer protection statutes, litigation is often the only way to recover your financial losses.

Driving a Lemon in PA, OH, WV or MI? An Experienced Lawyer Can Help.

Whether you purchased a defective new vehicle in Pennsylvania, Ohio, West Virginia or Michigan, you do not have to fight the manufacturer alone. If your car continually faces the same issues despite multiple repair attempts, you may have grounds for a lemon law or breach of warranty lawsuit and should consult an experienced lemon law attorney.

Federal backup for used car owners with defective vehicles

2026-02-17T13:32:41Z

Buying a used vehicle can feel like a gamble. You might worry that if the car has a recurring defect, you are stuck with the bill because you are not the original owner. Many people think Lemon Law protections only apply to brand-new cars. However, the Magnuson-Moss Warranty Act (MMWA) acts as a federal backup that protects used car owners who have a valid written warranty.

How federal law covers used cars

If you buy a used car that is still under its original factory warranty or a "Certified Pre-Owned" (CPO) warranty, you have rights. Federal law holds manufacturers to the promises made in those documents. If a dealer cannot fix a covered defect after several attempts, the MMWA provides a legal path to hold the manufacturer accountable. While most auto warranties are "limited," you can still seek justice. Under federal standards, you may be entitled to cash compensation. This money covers the "diminished value" of the car, which is the difference between what you paid and what the car is actually worth with its defects.

Why the Magnuson-Moss Warranty Act matters

This federal law is helpful for used car buyers for several reasons:

Discretionary Fee-Shifting: If you win your case in court, a judge may order the manufacturer to pay your attorney fees.
Longer Filing Windows: These claims often have a 4-year timeframe based on state laws, though you should check your warranty to see if the manufacturer shortened this limit.
Broad Protection: This law covers more than just cars. It also protects used motorcycles, RVs and boats with warranties.

You do not have to accept a "lemon" just because it had a previous owner. If your used car or RV is still under warranty and stays in the shop for the same issue, keep every repair receipt. These papers are the proof you need to show the manufacturer failed to honor their written word.

Taking action on your warranty

Note that some warranties require you to try arbitration or a dispute program before filing a lawsuit. If the manufacturer still refuses to help, consider speaking with a legal professional. An attorney can review your warranty and repair history to see if you qualify for a cash settlement or even a buyback.

What farmers must know about tractors and lemon laws

2025-11-25T15:17:18Z

Farmers invest big money in their tractors and combines, but unfortunately, most state lemon laws exclude farm equipment. While Pennsylvania’s Lemon Law generally covers new cars and trucks, it historically excludes farm machinery like tractors. The situation is slightly different for farmers in West Virginia. Overall, there is still a serious gap when it comes to farmers’ rights when buying defective agricultural equipment.

Why tractors usually do not fall under Pennsylvania’s lemon law

Pennsylvania’s Automobile Lemon Law protects buyers and lessees of new cars used for personal or family purposes. It applies if the vehicle has issues within the first year or 12,000 miles. However, this law does not cover farm vehicles like tractors or combines. If you are a farmer in Pennsylvania and you purchase faulty farm equipment, you cannot currently use the lemon law for a refund or replacement. This could change if the law adapts to include such equipment, but for now, farmers have to deal with the issue under other laws, such as the Magnuson Moss Warranty Act or the Uniform Commercial Code.

What protections are available for defective farm equipment in West Virginia?

West Virginia’s Lemon Law traditionally covered cars, vans and light trucks, but not tractors or heavy farm machinery. This meant that farmers could not use the Lemon Law for faulty equipment and had to rely solely on the manufacturer’s warranty. In 2024, lawmakers updated the law with Senate Bill 802 §46A-6A-2. This expanded the definition of “motor vehicle” to include certain farm vehicles under specific conditions. Farm equipment may now be covered under West Virginia’s Lemon Law only if ALL the following are true:

It is self-propelled.
It has 20 horsepower or more.
The maker designed it primarily for farming.
The owner uses it mainly in the occupation or business of farming.
The vehicle came with an express manufacturer warranty.
The defect falls within that warranty and the manufacturer has tried to fix it a reasonable number of times.

Note that coverage only applies if there is a valid manufacturer warranty, so farmers should keep records of defects, repairs and warranty details.

Common problems farmers face

Farmers deal with issues like fake online sales or misrepresented conditions. Warranties might not cover all repair costs, and lifetime guarantees can be misleading. Dealing with these issues is tough because farm machinery still has limited coverage under the law, and farmers have few remedies available. Filing a complaint with the State Attorney General’s Consumer Protection Division is an option. However, this adds time, paperwork and additional expense on top of the original loss. In the end, it is just one more financial burden for farmers already struggling with a broken machine.

What you can do next

Before buying farm equipment, carefully check the warranty terms and keep detailed records of any defects, repairs and communications with the dealer. Even without lemon law coverage for tractors, you might have legal options through breach-of-warranty claims or other consumer protection laws. Consulting with an attorney experienced in farm-equipment disputes can help you evaluate your claim, maintain important records and negotiate effectively with manufacturers.

RECENT OHIO COURT RULING STRENGTHENS PROTECTIONS AGAINST CAR TITLE FRAUD

2025-09-04T18:13:02Z

A court in Columbus recently issued a ruling in a vehicle case that can help consumers with vehicle title issues. I filed a case in Franklin County, Ohio, alleging that a dealer sold a car to my client without disclosing that the vehicle had a salvage history notation, or brand, on the title. One of our claims was that the dealer’s use of an unapproved power of attorney form to transfer title violated the federal Motor Vehicle Information and Cost Savings Act. Understanding Federal Car Title and Mileage Laws The Motor Vehicle Information and Cost Savings Act, often referred to as the Odometer Act, has provisions to prevent odometer tampering, as well as very specific requirements for how vehicle title is transferred when sold. Under the Odometer Act, a seller has to disclose the mileage reading to the purchaser either on the paper title, through electronic titling procedures, or with a specific state-approved secure power of attorney that can only be used when the dealer does not have the paper title in its possession. Disagreement in the Courts on the Odometer Act Courts across the nation have disagreed on how to interpret the Odometer Act. Some judges have ruled that a car buyer can only sue under the Odometer Act if the dealer lies about the mileage. Other courts have permitted buyers to sue if dealers break any of the law’s title transfer rules-- even if the mileage disclosure was accurate. Ohio Court Allows Title Violation Claim Without Mileage Fraud The dealer in my case filed a motion to dismiss our Odometer Act claim because we did not allege that there was a mileage misrepresentation. I argued that the claim should not be dismissed because the Odometer Act should be interpreted to allow suit for any violation of the Odometer Act provisions and should not be limited to just mileage violations. The court agreed, holding that the Odometer Act claim could proceed to trial even without an odometer misrepresentation. This was the first time that an Ohio court had made a ruling on whether title violations could be enforced under the Odometer Act. How Improper Title Transfers Hurt Consumers Allowing car buyers to sue over title transfer violations—even when the odometer is correct—gives more protection against dealer scams. Dealers often use power of attorney forms when they have the paper title, or use improper power of attorney forms that do not meet the Odometer Act requirements. When a dealer uses the wrong power of attorney form or uses one when not allowed, they can hide important facts from car buyers. The paper title may list an insurance company as a previous owner, which is a red flag that the car was a prior total loss and had substantial damage. The paper title may show that a car rental company owned the car when the dealer said it was privately owned. The paper title may reveal that the vehicle has an unpaid loan balance or has a reconstructed/rebuilt, water damage, or lemon buyback title brand that would drastically reduce its value. The refusal to produce title could mean that the seller does not even have title, and the car is stolen. Why This Court Decision Matters for Car Buyers When dealers are forced to follow the Odometer Act’s rules, many of these scams are much harder to pull off. The cases that hold that the title transfer procedures of the Odometer Act can be ignored without penalty gives a green light for dealers to cheat consumers. The recent court decision in Ohio provides a powerful fraud prevention tool for car buyers when title transfer rules are not followed.

How to protect yourself from fraud when purchasing a car online?

2025-08-27T17:20:51Z

Buying a car online is something that’s becoming more common than it was previously. Many see this as a convenient and fast option, and some assume that they’ll get the best deals online. While it’s true that you can sometimes find the ideal vehicle for a decent price online, you should be aware of the possibility of online fraud that comes with transactions like. There are several things that you should watch out for when you’re looking into an online vehicle purchase. Thinking about these scams may help you to protect yourself from fraud during your online vehicle hunt.

Bait and switch

A dealer might list a car online and then try to sell the buyer a similar one with a claim of the posted vehicle being unavailable. In many cases, the similar vehicle is being sold at a much higher price than the one that caught the buyer’s interest.

Hidden fees

Some dealers post a low price online to lure buyers into their dealership. Once they get the person in, they may tack on a host of fees that can total thousands of dollars. These are sometimes hidden until the final paperwork is presented.

Undisclosed damage or history

Dealers may misrepresent the vehicle’s history or title. Vehicles can sustain damage in a crash or a flood without having any obvious evidence of the damage. In some cases, dealers may not make the status of the title clear until the purchase is completed.

Odometer rollback

Odometer rollbacks still happen even with digital odometers. Dealers claiming that there aren’t as many miles on the vehicle as what’s actually on it usually do so to charge a higher price. This type of misrepresentation can lead to vehicle failure earlier than you expected and loss of warranty. It may be beneficial for people who are considering an online vehicle purchase to work with an attorney familiar with online dealer fraud who can help them to protect themselves. Taking the time to research dealerships and negotiate prices may also be beneficial.

Are salvage and rebuilt titles worth the risk: What to know about them

2026-07-07T18:22:59Z

Vehicles with salvage or rebuilt titles are much cheaper than similar ones with clean titles. For buyers, this can make higher-end models more affordable. It is also an interesting option for those who enjoy customizing or plan to resell. However, these titles indicate that the car has experienced significant damage, and while they may come at a lower price, the potential drawbacks can outweigh the initial savings. An insurance company issues a salvage title for a vehicle after considering it a total loss, with more than 70 percent damage, depending on the state. Once repaired and inspected, the vehicle receives a rebuilt title, indicating it is roadworthy again. However, the history of significant damage remains, impacting insurance rates, resale value, and reliability.

Uncertainty and hidden costs

Purchasing vehicles with salvage or rebuilt titles can be risky for several reasons. The primary risk associated with salvage and rebuilt titles is uncertainty about the extent and quality of the repairs. Unless a reputable professional repairs a car using high-quality parts, hidden issues that are not immediately apparent could be present. These problems could range from minor inconveniences to major safety concerns, exposing the driver's and passengers' well-being. Furthermore, the reliability and longevity of salvage and rebuilt title vehicles are often compromised. The initial damage and subsequent repairs can affect the car's overall structural integrity and performance, leading to higher maintenance costs over time.

Difficulty obtaining insurance or financing

Another significant risk is the difficulty in securing insurance and financing. Many insurance companies will not provide coverage for salvage or rebuilt title vehicles, and those that do often charge higher premiums, because of damage history. Additionally, some lenders may refuse to finance the purchase of these vehicles, making it more challenging to secure a loan. This can limit your options and force you to pay for the car in cash, which may not be feasible for all buyers.

Reselling challenges

The resale value of salvage and rebuilt title vehicles is another primary concern. If you plan to sell a car after reparations, these cars typically have a much lower resale value, because prospective buyers are often cautious. As a result, you may find it challenging to sell the car in the future, and even if you do, you are unlikely to recoup your investment. A dealership should disclose if a car has a rebuilt or salvage title. If you buy a car and later find out it is damaged, it is crucial to seek legal advice. Contact Roseman Law Firm for a free consultation to review your case. While salvage and rebuilt title vehicles may offer an attractive price point, the potential risks and hidden costs often make them a less-than-ideal choice for most buyers. Buying a vehicle, in general, requires careful consideration to ensure that the purchase is a sound investment.

New Toyota and Lexus owners should check for recalls

2025-08-08T05:45:23Z

With vehicle prices higher than ever, consumers expect the vehicles they purchase to be safe. They rarely expect manufacturing or design defects to deem the vehicle hazardous. When issues creep up during the first two years after the vehicle is manufactured, the state’s Lemon law may become relevant to a motorist’s situation. Unfortunately, individuals who own Toyota and Lexus vehicles have experienced quite a shakeup recently, as these companies have issued two separate recalls covering issues that could be considerable safety hazards. A fix is ready for one issue, but not the other.

Rear axle recall

The first recall is one that involves approximately 381,000 Toyota Tacoma pickup trucks. The issue is a manufacturing error for the 2022 and 2023 models. During the manufacturing process, welding debris wasn’t removed from the tips of the axle. Because of this dangerous oversight, parts can separate on the axle due to loose retaining nuts. This issue can lead to severe crashes because it can negatively impact the driver’s ability to brake. It can also affect the vehicle’s stability while it’s in motion. The recall instructs Tacoma owners to bring the vehicle to a dealership to have the retaining nuts tightened. The manufacturer will also replace components that have already been damaged. Reimbursement is possible if owners have already had the job done. If the issue isn’t fixed in accordance with the requirements of the Lemon law, owners may have legal recourse.

Transmission recall

The second recall affects around 280,000 Toyota and Lexus vehicles. Lexus is owned by Toyota and the two companies share specific components and parts from third-party companies. This recall affects:

Toyota Tundra, including Tundra Hybrid: 2022 to 2024
Toyota Sequoia Hybrid: 2023 to 2024
Lexus LX600: 2022 to 2024

The safety issue at the heart of this recall has to do with the transmission. There’s a chance that the transmission may not fully disengage when it’s shifted out of drive. This can lead to the vehicle moving forward at slow speeds, typically up to around 4 miles per hour. There’s no indication of a fix, if any, that will be provided under this recall. Defective vehicles may fall under the Lemon law if a manufacturer doesn’t effectively correct the issue. State Lemon law require that manufacturers fix defective vehicles if the repairs for the issue meet certain requirements and the vehicle comes within certain age and mileage limits. If manufacturers fail to perform effective repairs, there’s a chance that the matter violates the Lemon law. Anyone facing that type of situation should seek legal assistance to determine what courses of action are possible.

Why Car Buyers Should Never Sign a Title Before the Seller

2023-12-11T14:36:50Z

Car dealerships have customers sign titles all the time, but often don't follow the rules for titles. The federal Motor Vehicle Information and Cost Savings Act, generally known as the Odometer Act, has very specific procedures for completing a title.

Procedures for Title Signing

Under the Odometer Act, when a vehicle is sold, the seller must write the current mileage on the assignment portion of the title unless the vehicle is exempt from mileage disclosure. The seller must sign to certify that the mileage is accurate to the best of its knowledge, that the mileage exceeds the mechanical limits (for older vehicles with analog odometers), or that there is an odometer discrepancy. The title is signed by the purchaser only after all of this required information has been filled in and signed by the seller.

Dealers Ignore Title Requirements

Unfortunately, some car dealers have customers to sign the title before any of the required information is filled in. When this happens, the dealer can mark the title not actual miles or a higher mileage than what was disclosed. A higher mileage or not actual miles vehicle is worth far less than a vehicle with a lower or accurate odometer.

How to Prevent Odometer Fraud

Most vehicles are financed, so the title is sent to the lender and not the purchaser. When the title goes to the lender, it can be years until the purchaser sees the incorrect mileage or odometer status. If a dealer wants you to sign a title before the odometer information is filled in and signed by the seller, your best course of action is to walk away. If you can't, take a picture after you sign the title so that the dealer can't add an incorrect mileage or mileage status later. If you are concerned that a dealer may have not been truthful in an odometer disclosure in a vehicle that you purchased, contact Roseman Law Firm.

Does the West Virginia Lemon Law cover leased vehicles?

2025-08-08T05:46:47Z

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.