What are your lemon law rights?

The West Virginia Lemon Law requires car and truck manufacturers to meet their obligations and responsibilities under the terms of the express warranties. These laws were created to put consumers on a level playing field with the giant car manufacturers. For most people, a car is the second largest purchase they will ever make (a house being the most expensive), and to have it be a lemon can be painful and expensive. Unfortunately, many manufacturers will not respond to consumers without a lawyer or a law suit. Fortunately, the West Virginia legislature recognized this and created the Lemon Law.

Is your vehicle a lemon?

Generally, a lemon is a new car that has a problem. The lemon law in West Virginia applies to cars, trucks, vans and sometimes RV's sold for non-business purpose. For a brand new lemon to activate your lemon law rights, the car must still be under the written warranty and the problems need to arise within the first year of ownership. You also must report the problems with the car to the manufacturer.

How many times do I have to take my car to be repaired before I need the lemon law?

Generally, if you take your car in for repair three times in the first year and it still isn't repaired, you can turn to the lemon law. If the problem with the car is very serious and might cause a bad accident (like the car cutting off on a highway), then you really only need one repair attempt.

Is the manufacturer required to inform consumers of their rights under the Lemon Law?

Yes! At the time of purchase, the manufacturer must provide the consumer a written statement on a separate piece of paper, in ten point all capital type, in substantially 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."

Does a dealer have a duty to inform consumers of any repairs that have been performed on a new vehicle?

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.

If I believe my vehicle is a Lemon what should I do?

Initially, a consumer that feels they have a valid claim under the Lemon Law should 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, call us or email us. Often the manufacturer or dealer will suggest you submit your claim to arbitration. They suggest that because it is better for them. In West Virginia you do not need to arbitrate your claim before filing a lawsuit.

So, what happens if we win or settle?

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

1. 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 car. Alternatively, you can be awarded damages for diminished value of the car.

2. The cost of repairs reasonably required to conform the motor vehicle to the express warranty.

3. Damages for the loss of use, annoyance or inconvenience resulting from the lemon 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.

4. Reasonable attorney fees.

Do I have to pay you legal fees?

Nothing. We routinely enter into agreements with clients where they owe us no fees unless we recover for them. Typically in a lemon law case, the manufacturer pays our fees. This is one of the great parts of the lemon law.