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A “lemon car” describes a West Virginia vehicle that you purchased that has a manufacturing defect that cannot be repaired, and which has resulted in reducing the usability, safety, or value of the car. 

Under the West Virginia lemon law, it is the car manufacturer’s responsibility to make things right if your vehicle qualifies as a lemon. 

This page will provide you with a simple overview of the lemon law requirements, criteria, and process in West Virginia. 

For more information regarding your own vehicle, be sure to contact legal counsel or your state’s consumer’s affairs office. 

What is the West Virginia Lemon Law?

The West Virginia lemon law sets requirements for car manufacturers to refund or replace vehicles that have safety or quality defects that cannot be repaired. 

If your vehicle qualifies, you can typically choose to either:

  • Have the vehicle replaced with a new one. 
  • Be refunded for the purchase of the lemon. 

Lemon Law Criteria in West Virginia

In order to qualify for West Virginia’s lemon law, the vehicle must meet the following criteria:

  • 1 failed repair for an issue likely to result in serious injury or death, 3 failed repair attempts, or out of service for 30 days. 
  • Occurs within 1 year from the sale or the warranty period, whichever comes first. 

Does lemon law apply to used cars in West Virginia?

No, used vehicles are not covered. 

What to Do if Your Car is a Lemon in West Virginia

If you believe you’ve purchased a lemon car in West Virginia, the process will go something like this:

  1. Make the necessary attempts to have the issue repaired under the manufacturer’s warranty. 
  2. Keep records and documentation of all service, communication, and estimates from the dealer, manufacturer, or other authorized agent. 
  3. If you believe the vehicle meets the criteria of a lemon, notify the manufacturer to begin the lemon-law remedy process. 

For official information or legal advice pertaining to your specific circumstances, please contact your attorney or the West Virginia consumer protection agency.