The Lemon Law
W. Va. Code § 46A-6A-5 — three repairs or thirty days out of service in the first year, then a refund or replacement
If a new vehicle does not conform to its warranty and the buyer reports it during the warranty or within one year of delivery, whichever is longer, the manufacturer makes the repairs, even after the warranty runs out.
A reasonable number of attempts. A reasonable number of attempts is presumed when the same problem was repaired three or more times, or the car was out of service for a cumulative total of thirty or more calendar days, within the warranty or the first year, whichever is earlier. For a defect likely to cause death or serious injury, once is enough.
The presumption applies only if the manufacturer got prior written notice and at least one chance to fix it.
If the defect substantially impairs the car's use or value and is not fixed, the buyer may sue the manufacturer for a refund of the price, taxes and fees, repair costs, loss of use, and reasonable attorney fees.
Abuse, neglect or unauthorized changes are a defense. A particular car is a question for a licensed West Virginia attorney.
Sources for this section (3)
- W. Va. Code § 46A-6A-3 — Manufacturer's duty to repair or replace new motor vehicles
- W. Va. Code § 46A-6A-4 — Lemon law: civil action by consumer
- W. Va. Code § 46A-6A-5 — Presumption of reasonable number of attempts; extension of warranty term when repair services unavailable
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.