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West Virginia Lemon Law offers protection against the purchased vehicles with defects legally described as “lemons.” If you purchase a lemon vehicle within the state of West Virginia, you can use this law to get your refund or get it repaired. Basically, this law allows manufacturers to make a reasonable number of attempts to fix the faults before demanding your refund or a vehicle replacement. In this article, you will find an overview of this lemon law and steps to take if you purchase a lemon.
A “Lemon” as described in West Virginia Lemon Law
A lemon is any new passenger vehicle that buyers purchase only to find it full of serious defects that keep on recurring even after a reasonable number of repair attempts by the manufacturer. If your vehicle can’t be repaired after a reasonable number of repair attempts under the terms of vehicle warranty, the vehicle may qualify as a lemon under West Virginia Lemon Law. Additionally, the defect in your vehicle must impair the vehicle’s market value, make its operation difficult and compromise its safety. So, the law defines “Reasonable number of repair attempts” as:
- Up to three attempts for all faults
- One attempt for any fault that may result in serious injury or death.
It is the duty of an authorized dealer or manufacturer from whom the vehicle was purchased, to fix the problem. If the problem is not fixed you have a right to demand for your refund or vehicle replacement. Solve the issue with your car dealer or manufacturer, before taking a legal action. Reputable manufacturers always want to preserve their good reputation. They will therefore refund your money or give you a vehicle replacement.
Compensation and Settlement
If your vehicle qualifies as a lemon under West Virginia Lemon Law, you will be entitled to a partial of full refund or a vehicle replacement. Your refund will include:
- License and registration fees, Sales tax and other applicable expenses
- Inconvenience costs
- Damages for the cost of repairs
- Attorney fees.
West Virginia Dealer’s/Manufacturer’s Regulations
Even if your vehicle is not a lemon, West Virginia Lemon Law puts forward the following Dealer/manufacturer’s Regulations which might be useful for you.
- All manufacturers must inform (in written) their buyers the rights as stipulated under West Virginia lemon law brochure.
- All dealers/manufacturers must inform buyers (in written) on repairs done on the vehicle before shipment.
- Vehicles repurchased under this law may not be resold in this state unless all the required repairs have been done. Prospective consumers must also be informed that this vehicle is a lemon.
If you need any legal advice, you can contact a lemon law attorney.