West Virginia is one of many states that has lemon car laws on the books. There are limits to them just like any other rule or regulation, though. There are at least three pieces of federal legislation that deal with bad cars.
The Federal Trade Commission (FTC) has a Used Car Rule. Any automobile dealer who sells at least five vehicles annually must place a Buyers Guide inside of any used cars that they sell. That document must spell out whether a car comes with a warranty or if it’s for sale “as is.” If the vehicle has a warranty, then dealers are expected to list significant problems that can go wrong with used automobiles. They should also spell out what percentage of repairs that a dealership may cover.
Another type of legislation that protects lemon car buyers is the Uniform Commercial Code (UCC). Federal regulators operate on the assumption that all used cars carry an implied warranty that the vehicle is both safe and functional. Car dealers that sell automobiles “as is” may not have to guarantee that a car lives up to such standards in some jurisdictions. West Virginia law prohibits car dealers from disclaiming this implied warranty.
The Magnuson-Moss Warranty Act is the federal government’s lemon law. It prohibits dealers from disclaiming an implied warranty if they sell it with an express written one. This legislation also allows plaintiffs to recover attorney fees and other damages associated with their lemon car troubles.
It can be disheartening for you to find what you believe is the right car for you, only to find out that it’s a dud. You should find it refreshing to learn that there are laws to protect you if this type of unfortunate event happens to you. A lemon law attorney can help you with the claims filing process here in Charleston.
