Lemon law in West Virginia

At a glance

Who qualifies

Which vehicles

Passenger cars bought in West Virginia or registered and titled there, including pickup trucks and vans registered as Class A vehicles, the chassis of a motor home, and farm vehicles of 20 horsepower or more. A passenger car buyer must use it mainly for personal, family, or household purposes.

“Any passenger automobile purchased in this state or registered and titled in this state, including any pickup truck or van registered as a Class A motor vehicle”

code.wvlegislature.gov

Repair attempts

The car is presumed a lemon if the same defect has been repaired three or more times and still exists.

“if the same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers”

code.wvlegislature.gov

Serious safety defects

If the defect is likely to cause death or serious injury, one repair attempt by the manufacturer is enough if the defect still exists.

“if the nonconformity has been subject to repair at least once by the manufacturer within the express warranty term”

code.wvlegislature.gov

Days out of service

The car is also presumed a lemon if it was out of service for repairs for a total of 30 or more calendar days.

“the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days”

code.wvlegislature.gov

Used vehicles

Used cars are covered only in a limited way: a later owner who gets the vehicle while the manufacturer's express warranty is still in effect can use this law. West Virginia has no separate used car lemon law in this article.

“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”

code.wvlegislature.gov

Leased vehicles

The law does not say.

Deadlines

Protection period

The repair attempts or days out of service must happen during the manufacturer's warranty or the first year after delivery, whichever ends first. Defects reported during the warranty or the first year, whichever is longer, must still be repaired.

“within the express warranty term or during the period of one year following the date of original delivery of the motor vehicle to the consumer, whichever is the earlier date”

code.wvlegislature.gov

Time limit to file

A lawsuit must be filed within one year after the manufacturer's express warranty expires.

“must be commenced within one year of the expiration of the express warranty term”

code.wvlegislature.gov

Steps

1. Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
2. Check the dates. The repair attempts or days out of service must happen during the manufacturer's warranty or the first year after delivery, whichever ends first. Defects reported during the warranty or the first year, whichever is longer, must still be repaired. A lawsuit must be filed within one year after the manufacturer's express warranty expires.
3. Tell the manufacturer in writing. The law asks for written notice. See written notice below.
4. Use the dispute program if one is required. See arbitration below for whether you must go there before court.
5. Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.

Written notice

Yes. The presumption applies only if you or someone for you notified the manufacturer in writing and it had at least one chance to fix the defect.

“applies against a manufacturer only if the manufacturer has received prior written notification from or on behalf of the consumer and has had at least one opportunity to cure the defect alleged”

code.wvlegislature.gov

Arbitration

If the manufacturer has a qualified dispute program supervised by the Attorney General and told you about it in writing in time, you must use it before suing. The state does not run its own arbitration program.

“the cause of action under section four of this article may not be asserted by the consumer until after the consumer has initially resorted to the third party process”

code.wvlegislature.gov

What you get

The manufacturer must replace the car with a comparable new one. In a lawsuit you can get a refund of the purchase price, including sales tax, license and registration fees, and other reasonable purchase expenses, plus repair costs and damages for loss of use. The law does not set a deduction for use.

“Revocation of acceptance and refund of the purchase price, including, but not limited to, sales tax, license and registration fees, and other reasonable expenses incurred for the purchase of the new motor vehicle”

code.wvlegislature.gov

Do it yourself

You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:

1. Put your repair orders in date order and count the attempts and the days out of service.
2. Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
3. If it offers a final repair, let it try within the time the law gives it.
4. If it refuses or does not answer, file with the manufacturer's dispute program or the state program (West Virginia Attorney General, Consumer Protection and Antitrust Division), then court if you need to.
5. Do not sell or trade in the vehicle while the claim is open.

[Your name]
[Your address]
[Date]

[Manufacturer name]
[Address from your owner's manual or warranty booklet]

Re: Lemon law claim, [year make model], VIN [VIN]

I bought (or leased) this vehicle on [date] from [dealer], in West Virginia. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences].

It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed.

Under Consumer Protection - New Motor Vehicle Warranties (Lemon Law) (W. Va. Code §§ 46A-6A-1 to 46A-6A-9), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one.

[Your name]
[Phone and email]

What a buyback pays in West Virginia

The law sets no deduction for the miles you drove: the refund is the full price and the other costs it lists.

Estimate your buyback

Questions people ask about West Virginia's lemon law

Find a West Virginia lemon law lawyer

Yes. A court may award reasonable attorney fees in a lemon law lawsuit.

“(4) Reasonable attorney fees.”

code.wvlegislature.gov

Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.

Send the free case check below and we find a lemon law firm that takes West Virginia cases like yours. The firm contacts you, and you decide whether to hire them.

Sources

• W. Va. Code §§ 46A-6A-1 to 46A-6A-9, Consumer Protection - New Motor Vehicle Warranties (Lemon Law)
• West Virginia Attorney General, Consumer Protection and Antitrust Division
• Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.

Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.