West Virginia Lemon Law: Tests, Damages & Free Check

The short answer

West Virginia’s Lemon Law (W. Va. Code §§ 46A-6A-1 to -9) presumes enough attempts after 3 repairs, 1 repair of a serious safety defect, or 30 days out of service within the warranty or the first year, after written notice and a chance to cure. A consumer can sue for a refund of the price, repair costs, loss of use and inconvenience and attorney fees. Sue within 1 year after the warranty ends.

West Virginia’s Lemon Law works differently from most: instead of a fixed refund formula, it lets a court award the purchase price plus damages for repairs, loss of use, annoyance and inconvenience. It also covers farm vehicles. This guide explains the tests, the written notice, the damages and the deadline from Article 6A of the Consumer Credit and Protection Act.

Window
Warranty or 1 yr
Repair test
3 attempts
Safety test
1 attempt
Days test
30 days
Remedy
Refund + damages
Deadline
Warranty + 1 yr
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West Virginia Lemon Law rules at a glance

The West Virginia Lemon Law (New Motor Vehicle Warranties) is W. Va. Code §§ 46A-6A-1 to 46A-6A-9.

West Virginia Lemon Law rules (verified October 13, 2026)
RuleWhat West Virginia law saysSource
StatuteW. Va. Code §§ 46A-6A-1 to 46A-6A-9W. Va. Code § 46A-6A-1
Vehicles coveredPassenger automobiles bought or registered and titled in West Virginia, including pickups and vans registered as Class A; The self-propelled chassis of a motor home registered as Class A or B; Farm vehicles of 20 horsepower or more used in farming
Not coveredVehicles not used primarily for personal, family or household purposes (other than covered farm vehicles)
Protection windowThe express warranty term or 1 year from original delivery, whichever is earlier (for the presumption)W. Va. Code § 46A-6A-5(a)
Serious Safety Defect TestA defect likely to cause death or serious bodily injury was repaired at least once and continues, after written notice§ 46A-6A-5(b), (c)
Three Repairs TestThe same defect was repaired 3 or more times and continues, after written notice and at least one chance to cure§ 46A-6A-5(a), (c)
30 Days Out of Service TestOut of service for repair a cumulative total of 30 or more calendar days, after written notice§ 46A-6A-5(a), (c)
Written noticeThe presumptions apply only if the manufacturer received prior written notification from you or on your behalf and had at least one opportunity to cure the defect. At purchase, you must receive a written statement explaining this.§ 46A-6A-5(c), 46A-6A-6
Dispute program first?If a qualified third-party dispute process supervised by the Attorney General exists and you were told about it in writing in time, you must use it before suing. Limitation periods are tolled while it runs (§ 46A-6A-8).
DeadlineStart an action within 1 year of the expiration of the express warranty term§ 46A-6A-4(d)
Usage deductionWest Virginia’s article does not set a deduction for use. In court, the consumer may recover the purchase price and damages listed in § 46A-6A-4(b).

Three repairs, one safety repair or 30 days in West Virginia

West Virginia presumes a reasonable number of attempts, after written notice and at least one chance to cure, when within the warranty term or 1 year after delivery (whichever is earlier):

1×

Serious Safety Defect Test

A defect likely to cause death or serious bodily injury was repaired at least once and continues, after written notice.

§ 46A-6A-5(b), (c)
3×

Three Repairs Test

The same defect was repaired 3 or more times and continues, after written notice and at least one chance to cure.

§ 46A-6A-5(a), (c)
30

30 Days Out of Service Test

Out of service for repair a cumulative total of 30 or more calendar days, after written notice.

§ 46A-6A-5(a), (c)

The defect must substantially impair the vehicle’s use or market value. The manufacturer’s duty to repair runs for the warranty term or 1 year, whichever is longer.

Notice to the manufacturer in West Virginia

The presumptions apply only if the manufacturer received prior written notification from you or on your behalf and had at least one opportunity to cure the defect. At purchase, you must receive a written statement explaining this.

In West Virginia the presumption applies only after written notice to the manufacturer and at least one chance to cure.

Dispute program first. If a qualified third-party dispute process supervised by the Attorney General exists and you were told about it in writing in time, you must use it before suing. Limitation periods are tolled while it runs (§ 46A-6A-8).

At purchase, you must receive a separate written statement in capital letters explaining that you must notify the manufacturer in writing and give it a chance to repair (§ 46A-6A-6).

West Virginia’s deadline: 1 year after the warranty

Start an action within 1 year of the expiration of the express warranty term (§ 46A-6A-4(d)).

Deadline example: new vehicle delivered March 15, 2025, with a 3-year / 36,000-mile warranty and low mileage
EventDateEffect
Vehicle deliveredMar 15, 2025The protection window starts
Protection window endsMarch 15, 2026Repairs after this date do not count toward the tests
Sue byMarch 15, 2029Start an action within 1 year of the expiration of the express warranty term

Because the deadline is tied to the warranty, enter your warranty length in the checker to see your date.

How to file a West Virginia lemon law claim

  1. Report the defect during the warrantyTo the manufacturer, its agent or dealer.
  2. Send written notice to the manufacturerIt must have at least one chance to cure before the presumption applies.
  3. Use the third-party process if you were told about itAn Attorney General–supervised process must come first if it exists and you were notified in time.
  4. Sue in circuit courtFor a refund, repair costs, loss of use and inconvenience, and attorney fees.
  5. File within 1 year after the warranty endsTime in a third-party process does not count.

Refund, replacement and the West Virginia deduction for use

West Virginia Lemon Law remedies
RemedyWhat it includes
ReplacementA comparable new motor vehicle that conforms to the warranties (§ 46A-6A-3(b)).
Refund and damagesIn court: revocation of acceptance and refund of the purchase price, including sales tax, license and registration fees and other reasonable purchase expenses, plus repair costs, loss of use, annoyance or inconvenience, and reasonable attorney fees (§ 46A-6A-4(b)).

West Virginia’s article does not set a deduction for use. In court, the consumer may recover the purchase price and damages listed in § 46A-6A-4(b).

What a West Virginia court can award

Relief under W. Va. Code § 46A-6A-4(b)
ItemWhat it covers
RefundRevocation of acceptance and refund of the price, including sales tax, license and registration fees and other reasonable purchase expenses; or damages for diminished value
Repair costsThe cost of repairs reasonably needed to conform the vehicle to the warranty
Loss of useLoss of use, annoyance or inconvenience, including replacement transportation
Attorney feesReasonable attorney fees

The article sets no mileage deduction for use. The claim can only be brought against the manufacturer, not the dealer.

Farm vehicles under West Virginia’s Lemon Law

Unlike most states we have verified, West Virginia’s lemon law reaches beyond passenger vehicles to self-propelled farm vehicles of 20 horsepower or more designed for and used in farming (§ 46A-6A-2(4)(B)). The buyer of such a vehicle, and anyone it is transferred to during the warranty, is a consumer.

Motor homes are covered only for their self-propelled chassis, registered as Class A or Class B.

Later owners in West Virginia

A person to whom the new vehicle is transferred during the express warranty is a consumer. The article covers new motor vehicles under the express warranty.

A person to whom the new vehicle is transferred for personal use during the express warranty is a consumer. A returned lemon can be resold in West Virginia only after the defect is corrected and the buyer receives a written statement that it was returned.

To test your own dates and repair visits, test your West Virginia repair history in our tool.

West Virginia Lemon Law FAQs

What qualifies as a lemon in West Virginia?

A new vehicle with a defect that substantially impairs its use or market value, after 3 repairs, 1 repair of a serious safety defect, or 30 days out of service within the warranty or the first year, with written notice to the manufacturer.

How long do I have to file a lemon law claim in West Virginia?

Within 1 year of the expiration of the express warranty term (§ 46A-6A-4(d)).

What can I recover under the West Virginia lemon law?

A refund of the price with taxes, fees and purchase expenses, repair costs, damages for loss of use, annoyance or inconvenience, and reasonable attorney fees.

Does the West Virginia lemon law cover tractors?

It covers self-propelled farm vehicles of 20 horsepower or more designed for and used in farming.

Do I have to notify the manufacturer in West Virginia?

Yes. The presumption applies only if the manufacturer received prior written notice and had at least one chance to cure.

Sources

Checked on October 13, 2026. We re-verify West Virginia rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.

  1. W. Va. Code § 46A-6A-2 (definitions)
  2. W. Va. Code § 46A-6A-3 (manufacturer’s duty)
  3. W. Va. Code § 46A-6A-4 (civil action)
  4. W. Va. Code § 46A-6A-5 (presumption)
  5. W. Va. Code § 46A-6A-8 (third-party dispute process)

This page explains the West Virginia Lemon Law in general terms. It is not legal advice and LemonLawMap is not a law firm. For advice about your case, contact the West Virginia Attorney General’s Consumer Protection Division or a licensed West Virginia attorney. Read our full disclaimer.