STANDARDS OF THE WEST VIRGINIA LEMON LAW
The following is a brief explanation of most relevant provisions of the West Virginia
lemon law. The complete text of the lemon law can be found at West Virginia Code 46A-
6A-1 et seq.
The West Virginia lemon law covers a “motor vehicle”, meaning a passenger automobile
purchased in West Virginia or registered and titled in West Virginia. This includes a
pickup truck or van registered as a Class A motor vehicle, and any self-propelled chassis
of a motor home registered as a Class A or Class B motor vehicle.
Class A registration applies to motor vehicles of passenger type and trucks with a gross
weight of not more than eight thousand pounds. Class B registration applies to motor
vehicles designated as trucks with a gross weight of more than eight thousand pounds,
truck tractors or road tractors.
The lemon law covers the following consumers:
1. The purchaser, other than for purposes of resale, of a new motor vehicle that is used
primarily for personal, family, or household purposes;
2. A person to whom the new motor vehicle is transferred for the same purposes during
the duration of an express warranty applicable to the motor vehicle; and
3. Any other person entitled by the terms of the warranty to enforce its obligations.
The lemon law covers a defect or condition that substantially impairs the use or market
value of the motor vehicle to the consumer. This is referred to as a nonconformity.
The lemon law provides an affirmative defense if it can be shown that the alleged
nonconformity does not substantially impair the use or market value of the vehicle, or
the nonconformity is the result of abuse, neglect, or unauthorized modifications or
alterations by anyone other than the manufacturer, its agent, or authorized dealers.
More at: http://www.bbb.org/us/auto-line/state-lemon-laws/