West Virginia · Lemon law · Updated Oct 2026
Consumer Protection – New Motor Vehicle Warranties (West Virginia Lemon Law) (W. Va. Code §§ 46A-6A-1 to 46A-6A-9) protects buyers of new vehicles that can't be fixed. Here is what counts as a lemon in West Virginia, the notice you must send and what you can get back.
Within the warranty or 1 year (whichever is earlier), your vehicle is presumed a lemon if the same defect has been repaired 3 or more times and still exists, a defect likely to cause death or serious injury has been repaired at least once and still exists, or the vehicle has been out of service for repairs a total of 30 or more calendar days. The presumption applies only if the manufacturer received prior written notice from you and had at least one chance to fix the defect.
Period: The presumption counts repairs made within the express warranty term or 1 year from original delivery, whichever ends first. (The manufacturer's duty to repair defects you report lasts for the warranty term or 1 year, whichever is longer.)
Send the manufacturer written notice of the defect and give it at least one opportunity to fix it. Without this, the lemon presumption does not apply (W. Va. Code § 46A-6A-5(c)).
If a qualified third-party dispute program exists and you were told about it in writing in time, you must use it before you sue. These programs are supervised by the Attorney General's Consumer Protection Division. If no qualified program exists, or you are unhappy with the decision, you can sue.
The manufacturer must replace the vehicle with a comparable new one. In a lawsuit you can get: revocation of acceptance and a refund of the purchase price, including sales tax, license and registration fees and other reasonable purchase expenses (or damages for lost value); repair costs; damages for loss of use, annoyance or inconvenience, including replacement transportation costs; and attorney fees. The statute sets no use deduction.
Attorney fees: Yes, a court may award reasonable attorney fees to the consumer (W. Va. Code § 46A-6A-4(b)(4)).
Deadline: Sue within 1 year after the express warranty term ends (W. Va. Code § 46A-6A-4(d)). Time spent in a third-party dispute program pauses the deadline (§ 46A-6A-8(c)).
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Send the manufacturer written notice of the defect and give it at least one opportunity to fix it. Without this, the lemon presumption does not apply (W. Va. Code § 46A-6A-5(c)). Fill this in, copy the letter, sign it and send it by certified mail with return receipt. Keep a copy. Nothing you type here is sent to us; the letter is made in your browser.
Within the warranty or 1 year (whichever is earlier), your vehicle is presumed a lemon if the same defect has been repaired 3 or more times and still exists, a defect likely to cause death or serious injury has been repaired at least once and still exists, or the vehicle has been out of service for repairs a total of 30 or more calendar days. The presumption applies only if the manufacturer received prior written notice from you and had at least one chance to fix the defect.
The presumption counts repairs made within the express warranty term or 1 year from original delivery, whichever ends first. (The manufacturer's duty to repair defects you report lasts for the warranty term or 1 year, whichever is longer.)
Send the manufacturer written notice of the defect and give it at least one opportunity to fix it. Without this, the lemon presumption does not apply (W. Va. Code § 46A-6A-5(c)).
If a qualified third-party dispute program exists and you were told about it in writing in time, you must use it before you sue. These programs are supervised by the Attorney General's Consumer Protection Division. If no qualified program exists, or you are unhappy with the decision, you can sue.
The manufacturer must replace the vehicle with a comparable new one. In a lawsuit you can get: revocation of acceptance and a refund of the purchase price, including sales tax, license and registration fees and other reasonable purchase expenses (or damages for lost value); repair costs; damages for loss of use, annoyance or inconvenience, including replacement transportation costs; and attorney fees. The statute sets no use deduction.
Sue within 1 year after the express warranty term ends (W. Va. Code § 46A-6A-4(d)). Time spent in a third-party dispute program pauses the deadline (§ 46A-6A-8(c)).
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty lawLast checked: Oct 2026.