Free West Virginia Lemon Law FAQs | Free West Virginia Lemon Law Legal Documents

Does A Dealer Have A Duty To Inform Consumers Of Any Repairs That Have Been Performed On A New Vehicle?

Tue, 29 May 2007 21:19:00 GMT

Yes, if the repairs have a retail value of $500.00 or more and were performed after shipment from the manufacturer to the dealer, including damage to the new motor vehicle while in transit.

This disclosure must be in writing and does not apply to identical replacement of stolen or damaged accessories or their components, tires or antennae.

How Many Times Does My New Vehicle Have To Be Submitted For Repair Before It Can Be Considered A Lemon?

Tue, 29 May 2007 21:19:00 GMT

If the manufacturer, its agents or its authorized dealer are unable to conform your new vehicle to any applicable express warranty by repairing or correcting any defect after a reasonable number of attempts, the manufacturers shall replace the new motor vehicle with a comparable new motor vehicle which does conform to the warranties.

I Think I Have A Lemon. What Should I Do?

Tue, 29 May 2007 21:19:00 GMT

You should first attempt to resolve the issue with the manufacturer. You may choose to contact the manufacturer through the dealer from whom you purchased the car, or you may prefer to contact the manufacturer directly.

If this is not successful, you may want to consult with a lawyer. If you call the West Virginia Consumer Protection Division at 18003688808 (in state), you can get a list of lawyers who routinely handle lemon law cases. Often the manufacturer or dealer will suggest that you submit your claim to arbitration. In West Virginia you do not have to arbitrate your claim before filing a lawsuit.

If My Car Is Determined To Be A Lemon What Do I Get?

Tue, 29 May 2007 21:19:00 GMT

You may be awarded all or any portion of the following:

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, or if there be no such revocation of acceptance, damages for diminished value of the motor vehicle;
Damages for the cost of repairs reasonably required to conform the motor vehicle to the express warranty;
Damages for the loss of use, annoyance or inconvenience resulting from the nonconformity, including, but not limited to, reasonable expenses incurred for replacement transportation during any period when the vehicle is out of service by reason of the nonconformity or by reason of repair, and
Reasonable attorney fees.

Is The Manufacturer Required To Inform Consumers Of Their Rights Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Yes. At the time of purchase, the manufacturer, either directly or through its agent or its authorized dealer, must provide the consumer a written statement on a separate piece of paper, in ten point all capital type, similar to the following form:

IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO A REPLACEMENT OR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO A REPLACEMENT OR TO COMPENSATION, YOU MUST FIRST NOTIFY THE MANUFACTURER OF THE PROBLEM IN WRITING AND PROVIDE THE MANUFACTURER AN OPPORTUNITY TO REPAIR THE VEHICLE.

What Is Considered A Reasonable Number Of Attempts?

Tue, 29 May 2007 21:19:00 GMT

It is presumed that a reasonable number of attempts have been undertaken if the same unconformity has been subject to repair three or more times within the abovereferenced time frame.

It is important to note that if the nonconformity results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, the vehicle may only be subject to repair one time.

What Is The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law places upon the manufacturers of motor vehicles the duty to meet their obligations and responsibilities under the terms of the express warranties extended to consumers in West Virginia.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law applies to passenger automobiles, including pickup trucks and vans and any selfpropelled motor vehicle chassis of motor homes sold new to a consumer in the State.

The vehicle must either still be covered by the express warranty and the consumer reports the problem to the manufacturer during the term of that express warranty or during the period of one year following the date of original delivery to the consumer, whichever is the later date.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Passenger vehicles, pickup trucks, vans and motor home chassis used primarily for personal, family, or household purposes.

3 repair attempts or 30 calendar days out of service. 1 attempt for a condition likely to cause death or serious bodily injury.

Warranty period or 1 year.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

West Virginia Office of the Attorney General
812 Quarrier Street, 6th Floor
Charleston, WV 25301
3045582021
www.state.wv.us/wvag/

West Virginia State BAR Association
Lawyer Referral Service
2006 Kanawha Boulevard
East Charleston, WV 253112204
3045587991
www.wvbar.org/barinfo/services/referral.htm

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Thu, 26 Nov 2009 14:01:34 GMT

Free Lemon Law Attorney FAQs