The West Virginia Lemon Law Statute was created to protect consumers who purchase or lease a new motor vehicle that has a substantial defect that affects the use, value, or safety of the vehicle. The law requires that the manufacturer or dealer repair the defect within a certain period of time, or provide a refund or replacement of the vehicle.
What Is The West Virginia Lemon Law Statute?
The West Virginia Lemon Law Statute is a law that was passed in 1996 to protect consumers from purchasing or leasing a lemon vehicle. The law is also known as the West Virginia Motor Vehicle Warranty Act and is enforced by the West Virginia Attorney General’s Office. The law applies to new motor vehicles that are purchased or leased in West Virginia and any repair work that is done in the state.
What Are The Requirements Under The West Virginia Lemon Law Statute?
Under the West Virginia Lemon Law Statute, the manufacturer or dealer of the vehicle must repair the substantial defect within a certain period of time. If the defect is not repaired within this period, the manufacturer or dealer must provide a refund or replacement of the vehicle. The time period is usually defined as four attempts to repair the defect within the first 12 months or 12,000 miles, whichever comes first.
What Is Considered A Defect Under The West Virginia Lemon Law Statute?
Under the West Virginia Lemon Law Statute, a defect is defined as a condition that affects the use, value, or safety of the motor vehicle. The defect must also substantially impair the use, value, or safety of the motor vehicle. This includes defects that are caused by either a manufacturer’s defect or a defect in the design of the vehicle.
What Are The Rights Under The West Virginia Lemon Law Statute?
Under the West Virginia Lemon Law Statute, the manufacturer or dealer of the vehicle must repair the defect within the time period specified. If the defect is not repaired within this time period, the manufacturer or dealer must provide a refund or replacement of the vehicle. The manufacturer or dealer must also provide a written statement of the terms of the warranty and a copy of the warranty.
What Are The Remedies Under The West Virginia Lemon Law Statute?
Under the West Virginia Lemon Law Statute, the consumer is entitled to a refund or replacement of the vehicle if the defect is not repaired within the time period specified. The consumer may also be entitled to consequential damages, such as rental car costs, towing costs, and loss of use of the vehicle. The consumer may also be entitled to attorney’s fees and costs, if the manufacturer or dealer refuses to provide a refund or replacement.
What Are The Exceptions To The West Virginia Lemon Law Statute?
The West Virginia Lemon Law Statute does not apply to motor vehicles that are used for commercial purposes. Additionally, the law does not apply to motor vehicles that are purchased or leased from a private seller. Lastly, the law does not apply to motor vehicles that are purchased or leased from an out-of-state dealer.
What If I Have A Dispute Under The West Virginia Lemon Law Statute?
If you have a dispute under the West Virginia Lemon Law Statute, you have the right to file a complaint with the West Virginia Attorney General’s Office. The Attorney General’s Office will investigate the complaint and may take legal action if the manufacturer or dealer fails to comply with the law. Additionally, you may also file a lawsuit in court to seek damages.
Conclusion
The West Virginia Lemon Law Statute was created to protect consumers who purchase or lease a new motor vehicle that has a substantial defect that affects the use, value, or safety of the vehicle. The law requires that the manufacturer or dealer repair the defect within a certain period of time, or provide a refund or replacement of the vehicle. If you have a dispute under the West Virginia Lemon Law Statute, you have the right to file a complaint with the West Virginia Attorney General’s Office or file a lawsuit in court to seek damages.
