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.
| Rule | What West Virginia law says | Source |
|---|---|---|
| Statute | W. Va. Code §§ 46A-6A-1 to 46A-6A-9 | W. Va. Code § 46A-6A-1 |
| Vehicles covered | Passenger 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 covered | Vehicles not used primarily for personal, family or household purposes (other than covered farm vehicles) | |
| Protection window | The 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 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) |
| 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 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) |
| Written notice | 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. | § 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). | |
| Deadline | Start an action within 1 year of the expiration of the express warranty term | § 46A-6A-4(d) |
| Usage deduction | 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). |
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):
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)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 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)).
| Event | Date | Effect |
|---|---|---|
| Vehicle delivered | Mar 15, 2025 | The protection window starts |
| Protection window ends | March 15, 2026 | Repairs after this date do not count toward the tests |
| Sue by | March 15, 2029 | Start 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
- Report the defect during the warrantyTo the manufacturer, its agent or dealer.
- Send written notice to the manufacturerIt must have at least one chance to cure before the presumption applies.
- 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.
- Sue in circuit courtFor a refund, repair costs, loss of use and inconvenience, and attorney fees.
- 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
| Remedy | What it includes |
|---|---|
| Replacement | A comparable new motor vehicle that conforms to the warranties (§ 46A-6A-3(b)). |
| Refund and damages | In 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
| Item | What it covers |
|---|---|
| Refund | Revocation 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 costs | The cost of repairs reasonably needed to conform the vehicle to the warranty |
| Loss of use | Loss of use, annoyance or inconvenience, including replacement transportation |
| Attorney fees | Reasonable 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.