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When Life Gives You Lemons,
Don't Settle For Lemonade

Nonconformities explained

| Sep 4, 2019 | Lemon Law

The process of purchasing a new vehicle in Charleston can be both exhilarating and terrifying. You are no doubt excited about the purchase, yet your enthusiasm is often tempered by concerns that the vehicle may not function as well as you expect once you drive it off the lot. Many people have come to us here at The Grubb Law Group after having been told that they can take a poorly functioning vehicle back to the dealership and that the dealer must take it back, no questions asked. If you have been told the same thing, you first need to know exactly what your consumer protections are in such a situation. 

West Virginia’s lemon law does indeed allow you to have your new vehicle either repaired or replaced (at no additional cost to you) if it is not performing as promised. Yet in order for a manufacturer to be bound to this law, your vehicle must have what is known as a nonconformity. Per the Better Business Bureau, nonconformities (at least in the context of the state’s lemon law) are defects and conditions that substantially impair both the effective use of the vehicle and its market value. Any issues that produce such problems are covered under the law. 

What is not considered a nonconformity? Any of the following: 

  • Defects that do not effect the car’s driving ability 
  • Issues caused by your own negligence
  • Problems resulting from accidents or vandalism 
  • Defects that arise after the car has been worked on by an unauthorized repair provider

If you want to know for sure, ask yourself if the problems are covered under your vehicle warranty. If yes, then you are likely also covered by the law. More information on lemon law protection can be found by continuing to explore our site. 

If your rights were violated by an employer or company, we want to hear about it. Our friendly staff and team of attorneys will treat you with respect, listen to your story and lay out all available options. Whether it’s better to settle out of court or take matters before a judge, you can rest assured knowing we will only do what’s in your best interests.