The Grubb Law Group
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Your rights as a car owner after buying a lemon in West Virginia

On Behalf of | Mar 31, 2025 | Lemon Law

Buying a new car is a major investment. Consumers in West Virginia generally expect brand-new vehicles to be in excellent condition. They expect them to retain their value and to provide a safe form of transportation for years to come.

Most consumers who purchase new vehicles receive exactly what they expect. However, a small percentage of new car buyers every year end up disappointed and frustrated by that process. Some people purchase lemons and then have to deal with the aftermath of receiving an unsatisfactory vehicle.

What do new car buyers need to know about lemon law in West Virginia?

What makes a car a lemon?

Those worried that they may have purchased the lemon have to understand the definition of that term. Every state has slightly different lemon laws. In West Virginia, only brand-new vehicles are lemons. They may become lemons due to defects that the dealership cannot quickly and fully address.

Typically, a manufacturer or dealership has up to three repair attempts to correct an issue in a brand-new vehicle. However, if the defect is serious enough to put someone at risk of severe injury or death, then the dealership or manufacturer typically only has one repair attempt before the vehicle becomes a lemon.

If the vehicle requires repairs that keep it at the dealership or an authorized repair facility for more than 30 days within its first year of operation, then that may also make the vehicle a lemon.

How do buyers address lemons?

Typically, those asserting their rights under the West Virginia lemon law need to first notify the dealership or manufacturer in writing. They may hire a lawyer to help with this process. Sending formal notice of the issue is the first step toward getting the vehicle repaired.

If repairs are not effective or take longer than the law allows, then the buyer has the option of requesting a refund. The dealership typically has to refund the full purchase amount of a lemon vehicle even if the driver has had it out on the road for months.

Understanding the rules that govern West Virginia lemon law claims can help frustrated buyers evaluate their options. Car buyers pursuing their rights under lemon law statutes often need help complying with the law and communicating with dealerships or manufacturers, and that’s okay.

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