Lemon Law
LEMON LAW CLAIMS IN CHARLESTON, WEST VIRGINIA
Overview
Buying a new car can sometimes leave a sour taste in your mouth. No matter what motor vehicle manufacturers do, it seems like there will also be a small percentage of vehicles that come out of the factory with a screw not screwed tightly enough or other possibly dangerous defects. When your new car doesn’t function the way it’s supposed to, you might have a lemon law case on your hands.
The Love Law Firm understands West Virginia’s lemon laws better than any other attorney in the state. If you need representation to get your new car fixed or repaired, contact the Love Law Firm and speak with a dedicated, hardworking attorney who will go above and beyond the call of duty for your case.
WHAT IS A LEMON LAW?
To put it plainly, a lemon in West Virginia is considered to be a vehicle that fails to meet the obligations and requirements that are outlined under the terms of the warranties.
Under the law, vehicle manufacturers are given a specific number of chances to repair the vehicle malfunction or defect within a certain time period. If the manufacturer fails to do this, then they must either refund the purchase or replace the vehicle altogether.
This is the most common definition of a lemon, but lemons can also be vehicles with defects that:
- Greatly devalue the car and significantly lower the resale value.
- Render it completely unsafe to drive, noting that doing so may result in a death or serious injury.
- It makes the normal function of the car nearly impossible.
To assist those who think they have purchased lemons, manufacturers can attempt to make “reasonable repairs.” In West Virginia, this is defined as:
- 1 attempt to fix a defect or condition that could directly lead to a serious injury or death.
- 3 attempts to fix more minor yet important defects or conditions.
Once it has been established that the car cannot be repaired, it will be up to the manufacturer, authorized dealer, or agent to see that the vehicle is replaced. If you are having trouble getting a dealer or manufacturer to replace your vehicle, speak with an attorney at the Love Law Firm. We can step in and assure you that you will receive fair compensation for your lemon.
COMPENSATION FOR LEMONS IN WEST VIRGINIA
Compensating for a lemon depends on certain factors relating to the nature of the malfunction or defect. Your attorney will help you understand what exactly you are entitled to, but in short, you may qualify for one of the following:
- Refund of all sales tax, registration and license fees, and additional expenses that were added because of the vehicle purchase.
- Any damages (money) originally paid for the repairs.
- Any damages lost because of the lack of use and inconvenience of the experience itself.
- Attorney’s fees, should your case make it that far.
DEALER REGULATIONS IN WEST VIRGINIA
If you’re planning on buying a new car in the near future, then you need to be aware of the regulations placed on care dealers in West Virginia.
First, the manufacturer must inform the buyer of his or her rights regarding the lemon laws of West Virginia. This must be done with a written statement before any other documents are signed or money is exchanged.
Second, dealers must also disclose any repairs that have already been done on the vehicle after it was shipped from the manufacturer. This, however, only applies to serious replacements. Tires, antennae, and other minor repairs do not need to be documented. These repairs must also be disclosed in a written statement.
Finally, no vehicle that was returned due to a lemon law can be resold in West Virginia. The only exception to this is when a lemon has had all the required repairs completed. Again, a written statement documenting these repairs and the vehicle’s history as a whole must also be divulged to the customer via a written statement.
Lemon laws were created to protect consumers from faults in the manufacturing process. If you think your car is a lemon, don’t hesitate to call an attorney at the Love Law Firm. We’ll make sure your case is handled properly, and you are back on the road in no time at all.
Phone:
(304) 344-5683
