What Is the Lemon Law in West Virginia for Used Cars

West Virginia's motor vehicle warranty protection statute, codified as W. Va. Code § 46A-6A-1 et seq., establishes remedies for consumers experiencing nonconformity in new motor vehicles. The statute applies to new passenger vehicles purchased or leased for personal, family, or household purposes when defects significantly impair use, value, or safety and remain unrepaired after reasonable attempts. Used vehicles generally fall outside West Virginia's lemon law framework, though consumers retain protections through implied warranty standards, federal safeguards, and prohibitions on deceptive dealer conduct.

What Protections Do Used Car Buyers Have in West Virginia?

Used vehicle purchasers in West Virginia benefit from multiple independent protective mechanisms operating outside the state's lemon law structure, encompassing implied warranty requirements under state commercial law, federal warranty protections, and consumer protection statutes addressing fraudulent dealer practices.

Implied Warranty of Merchantability

West Virginia's adoption of the Uniform Commercial Code establishes an implied warranty of merchantability for used vehicles sold by merchants. Under this statute, every used motor vehicle offered for sale by a dealer carries an automatic warranty that the vehicle is fit for ordinary use, reasonably reliable, and of quality consistent with comparable vehicles in its market category. This protection applies unless the buyer explicitly waives the warranty through a separately negotiated, written agreement specifically identifying excluded characteristics or defects.

Implied Warranty of Fitness for a Particular Purpose

W. Va. Code § 46-2-315 creates an implied warranty of fitness when a dealer possesses actual knowledge that a consumer intends to use the vehicle for a specific purpose and the consumer relies on the dealer's expertise regarding the vehicle's suitability for that purpose. This warranty promises that the vehicle will perform adequately for the buyer's stated or reasonably apparent intended use.

Magnuson-Moss Warranty Act

The federal Magnuson-Moss Warranty Act provides federal-level remedies when dealers or manufacturers breach express written warranty obligations on used motor vehicles. Consumers may recover actual damages, reasonable attorney fees, and expert witness costs. This federal law preserves the enforceability of implied warranties and prevents sellers from using "as is" language to eliminate implied warranty protections when written warranties or service contracts accompany used vehicle purchases.

FTC Used Car Rule

Federal law mandates that dealers display a Buyer's Guide on each used vehicle offered for retail sale. This disclosure must clearly specify whether the vehicle carries dealer warranty protection or is offered without warranty coverage. When warranty protection applies, the guide identifies covered mechanical systems, specifies warranty duration, delineates repair cost allocation between dealer and consumer, and recommends independent mechanical inspection and vehicle history verification before purchase.

Understanding "As Is" Sales in West Virginia

West Virginia permits dealers to sell certain used vehicles with limited or no warranty protections under narrowly defined circumstances. An "as is" designation operates only when specific statutory conditions are satisfied; dealers cannot universally disclaim warranties through "as is" language.

Dealers may legally sell used vehicles designated "as is" only when the vehicle meets one of the following criteria:

• The vehicle is inoperable and qualifies as a total loss due to material frame, unitized structure, or suspension damage with repair costs exceeding market value
• The vehicle has been custom-built or modified for show purposes or racing
• The vehicle satisfies one of three conditions: purchase price below $4,000, mileage exceeding 100,000 miles at sale, or age of seven years or older, calculated from January 1 of the designated model year

What "As Is" Means for Buyers

When purchasing a qualifying used vehicle designated "as is":

• The buyer waives implied warranty protections covering the vehicle's mechanical condition and operational reliability
• The buyer assumes all post-sale repair responsibility and financial liability for defects and malfunctions
• The buyer receives no dealer-provided warranty covering vehicle condition or performance
• Remedies for defects discovered following purchase completion are generally unavailable, absent dealer fraud or misrepresentation

Three-Day Cancellation Right

West Virginia law grants buyers purchasing "as is" vehicles meeting the statutory criteria a distinct cancellation right unavailable in many jurisdictions. The buyer may cancel the sale by the end of the dealer's third business day following purchase if the vehicle exhibits significant mechanical issues reasonably expected to have existed at the time of sale. Cancellation becomes effective when the buyer returns the vehicle to the point of sale by the deadline.

Limited Dealer Disclosure Requirements

When dealers sell vehicles "as is," West Virginia requires specific disclosure practices that cannot be circumvented. The disclaimer must appear on the front page of the sales contract in 12-point boldfaced type, with the heading in 16-point extra boldfaced type, and must be enclosed in a box. The disclosure must include statutory warning language about lost implied warranties. The buyer must sign and date the disclaimer within the box prior to the sale. Dealers must also disclose in writing any defects or malfunctions disclosed by previous owners or discovered during inspection, and must provide a copy of a nationally recognized vehicle history report.

Limited Exceptions to "As Is" Protection

Despite "as is" sales language, buyers retain legal remedies against dealers when:

• Dealers make oral or written promises upon which consumers relied when entering the transaction—such promises remain enforceable despite "as is" designation
• Dealers provide false information regarding the vehicle's mechanical condition or operational characteristics
• Dealers conceal known material defects affecting vehicle safety or ordinary operation
• Dealers provide inaccurate information concerning odometer readings or prior accident damage
• Dealers misrepresent title status or classification
• Dealers fail to comply with mandatory disclosure requirements, including the statutory disclaimer language or the provision of vehicle history reports

Filing a Consumer Complaint

Office of the Attorney General of West Virginia
Consumer Protection and Antitrust Division
P.O. Box 1789, Charleston, WV 25326
Phone: (304) 558-8986
Toll-free: (800) 368-8808
Official Website: Consumer Protection and Antitrust Division