West Virginia lemon law and warranty dispute resources
Status: Official page read; key points summarized. Last checked 2026-10-20.
What the official page says
Source: W. Va. Code 46A-6A-1 to 46A-6A-9, new motor vehicle warranties (West Virginia Legislature) (read 2026-10-20). This is a summary of the statute text posted on the official site, not legal advice. The exact wording, exclusions and deadlines are in the statute itself, and may have changed.
- The statute text (46A-6A-2) says "motor vehicle" means any passenger automobile purchased in West Virginia or registered and titled there, including a pickup truck or van registered as a Class A motor vehicle and the self-propelled chassis of a motor home registered as Class A or B, and also covers self-propelled farm vehicles of 20 horsepower or more.
- The statute text says that if a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, agent or dealer during the term of the express warranties or within one year after original delivery, whichever is the longer period, the manufacturer, agent or dealer must make the repairs necessary to conform the vehicle to the warranties, even after the warranty term has expired.
- The statute text says that if after a reasonable number of attempts the defect still substantially impairs the use or market value of the vehicle to the consumer, the manufacturer shall replace the new motor vehicle with a comparable new motor vehicle that conforms to the warranties.
- The statute text (46A-6A-5) says a reasonable number of attempts is presumed if the same nonconformity has been subject to repair three or more times, or the vehicle has been out of service for repair a cumulative total of thirty or more calendar days, within the express warranty term or one year after original delivery, whichever is the earlier date; for a condition likely to cause death or serious bodily injury, one repair attempt is enough; and the presumption applies only if the manufacturer received prior written notification and had at least one opportunity to cure.
- The statute text (46A-6A-4) says the consumer may sue the manufacturer in circuit court and may be awarded refund of the purchase price (including sales tax, license and registration fees), repair costs, damages for loss of use, and reasonable attorney fees; the action must be commenced within one year of the expiration of the express warranty term, and is available only against the manufacturer.
- The statute text (46A-6A-8) says that if a qualified third-party dispute process exists and the consumer is notified of it in writing in time, the consumer must use it before suing, and that limitation periods are tolled while it runs.
- The West Virginia Attorney General's complaint page says the Consumer Protection Division can assist when businesses engage in unfair or deceptive sales practices, false advertising, warranty violations, billing disputes and motor vehicle dealer violations, and describes mail, email and online ways to submit a complaint.
Numbers the page states
| Item | As stated on the official page |
|---|---|
| Report window | Express warranty term or one year after original delivery, whichever is the longer period |
| Repair attempts (presumption) | Three or more |
| Serious safety defect (presumption) | At least one repair attempt |
| Days out of service (presumption) | Thirty or more calendar days |
| Time to sue | Within one year of the expiration of the express warranty term |
Counting rules differ (calendar days vs. business days, what counts as a repair attempt). Use the repair log tool to organize dates, then confirm how your state counts.
Not covered or not confirmed in this summary
- The report window in section 3 uses "whichever is the longer period", while the presumption in section 5 uses "whichever is the earlier date"; both are summarized as written.
- The Attorney General's complaint page does not mention lemon law specifically.
Other official pages used
- File a Complaint with the Consumer Protection Division (West Virginia Attorney General)
- W. Va. Code 46A-6A-3 (West Virginia Legislature)
- W. Va. Code 46A-6A-5 (West Virginia Legislature)
Industry arbitration program summary (not a government source)
BBB National Programs, which runs the BBB AUTO LINE dispute program, publishes a state summary: BBB AUTO LINE: West Virginia lemon law summary (link checked 2026-10-20). It is published by an industry-linked program, so treat it as a starting point and confirm against the state's own page or statute.
What to do first
- Keep every repair order and receipt. See the records checklist.
- Write down dates and mileage for each repair visit with the repair log tool (nothing is saved or sent).
- Read the federal warranty basics and arbitration pages.
- Consider speaking with a licensed attorney in your state about deadlines. Many have free consultations, but we do not recommend any specific one.