West Virginia lemon laws are dealt with in West Virginia Code, Article 6A, Chapter 46A, Section 46A-6A-1 et seq. These Sections are enumerated under the head ‘Consumer Protection – New Motor Vehicle Warranties.’ A motor vehicle is defective if it does not conform to all applicable express warranties. The prescribed time limit for manufacturer repair is the term of such express warranties or during the period of one year following the date of original delivery of the motor vehicle to the consumer, whichever period expires earlier. This time limit is prescribed in Section 46A-6A-3. During this time limit the consumer should report any nonconformity, defect, or condition to the manufacturer, its agent, or its authorized dealer. The manufacturer, its agent, or its authorized dealer should repair or correct the nonconformity, defect, or condition at no charge to the consumer, within this time period.
Certain remedies are available to the consumer if the manufacturer, its agent, or authorized dealer is unable to repair or correct any nonconformity, defect, or condition which results in significant impairment of the motor vehicle, after a reasonable number of attempts. The manufacturer should replace the motor vehicle with a comparable new motor vehicle which conforms to the warranties. This remedy is enumerated under Section 46A-6A-3.
W. Va. Code § 46A-6A-3
Manufacturer’s duty to repair or replace new motor vehicles:
(a) If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the term of the express warranties or within a period of one year following the date of original delivery of the new motor vehicle to a consumer, whichever is the longer period, the manufacturer, its agent or its authorized dealer shall make the repairs necessary to conform the vehicle to the express warranties, notwithstanding the fact that the repairs are made after the expiration of the warranty term.
(b) If the manufacturer, its agents or its authorized dealer are unable to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use or market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the new motor vehicle with a comparable new motor vehicle which does conform to the warranties.