Most assume that Lemon Laws only offer protection to consumers. Yet what about your role in the auto-buying process as an auto dealer? Being associated with a Lemon Law case can cause damage to your reputation, when in reality, you and your dealership may have played no role in the matter. You might also find that auto manufacturers may try to limit their own liability in such cases by deflecting the blame to you. Many in your same position have come to us here at The Grubb Law Group questioning exactly what their responsibilities are in a Lemon Law case.
The answer depends on the nature of the purchaser’s problem. If it is due to repairs done to a previously owned vehicle that your dealership failed to fully disclose, then your liability in the matter is quite clear. Yet what if the problem is that the car did not live up to the promises made in the manufacturer’s warranty? The onus then shifts to the manufacturer to cover the cost of making the vehicle compliant with its warranty specifications.
That may involve addressing repairs or component replacements done in your dealership’s service shop (assuming that yours is a local authorized dealership). The manufacturer may try to make you assume those expenses. Yet Section 46A-6A-3(a) of the West Virginia Code states that you cannot be held liable in such a case unless it is shown that your technicians completed any work done on the vehicle in a manner contrary the manufacturer’s instructions. Given that their training and certification is typically done by manufacturer representatives, the possibility of that being the case may seem highly unlikely.
You can learn more about how West Virginia’s Lemon Law protects you by continuing to explore our site.