West Virginia State Statutes
Chapter 46A, Article 6A
New Motor Vehicle Warranties
46A-6A-1 Legislative declarations.
(1) The Legislature hereby finds and declares as a matter of public policy
that the purpose of this article is to place upon the manufacturers of motor vehicles
the duty to meet their obligations and responsibilities under the terms of the express
warranties extended to the consumers in this state. The Legislature further finds as a
matter of public policy that the manufacturer shall bear the total cost of performing
any duty or responsibility imposed by their warranties and the provisions of this
(2) The Legislature further finds that any agreement under the provisions of
article six-a, chapter seventeen-a of this code, or any agreement hereafter amended or
entered into between a dealer and manufacturer which would transfer to the dealer any
duty, or all or any part of the cost of performing any duty imposed on the manufacturer
by the provisions of this article, or which would directly or indirectly charge the
dealer for or reduce the payment or reimbursement due the dealer for performing work or
furnishing parts required by this article to be provided by either the dealer or
manufacturer, so as to shift to the dealer all or any part of the cost of the
manufacturer's compliance with this article, to be against public policy, void and
When used in this article, the following words, terms and phrases shall have the
meaning ascribed to them, except where the context indicates a different meaning:
(1) "Consumer" means the purchaser, other than for purposes of
resale, of a new motor vehicle purchased in this state, used primarily for personal,
family or household purposes, a person to whom the new motor vehicle is transferred for
the same purposes during the duration of an express warranty applicable to the motor
vehicle and any other person entitled by the terms of the warranty to enforce the
obligations of the warranty;
(2) "Manufacturer" means a person engaged in the business of
manufacturing, assembling or distributing motor vehicles, who will, under normal
business conditions during the year, manufacture, assemble or distribute to dealers at
least ten new motor vehicles;
(3) "Manufacturer's express warranty" and "warranty" mean
the written warranty of the manufacturer of a new motor vehicle of its condition and
fitness for use, including any terms or conditions precedent to the enforcement of
obligations under that warranty; and
(4) "Motor vehicle" means any passenger automobile sold in this
state, including pickup trucks and vans subject to registration as a Class A motor
vehicle under the provisions of article ten, chapter seventeen-a of this code, and any
self-propelled motor vehicle chassis of motor homes sold in this state subject to
registration as and Class A or Class B motor vehicle under the provisions of article
ten, chapter seventeen- a of this code.
46A-6A-3 Manufacturer's duty to repair or replace new motor vehicles.
(a) If a new motor vehicle purchased in this state on or after the first day
of January, one thousand nine hundred eighty-four, 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 during the
period of one year following the date of original delivery of the new motor vehicle to a
consumer, whichever is the later date, 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.
46A-6A-3a Dealer's duty to disclose repairs to consumer.
Beginning the first day of July, one thousand nine hundred eighty-nine, all authorized
dealers of new motor vehicles purchased in this state shall provide to any consumer a
written disclosure of any repairs to a new motor vehicle which repairs have a retail value
of five hundred dollars or more and were performed after shipment from the manufacturer to
the dealer, including damage to the new motor vehicle while in transit.
This disclosure requirement does not apply to identical replacement of stolen or
damaged accessories or their components, tires or antennae.
For purposes of this section, a motor vehicle is not a new motor vehicle when it has
been previously titled or the motor vehicle has been damaged in such a manner that, were
the damage not repaired, the value and usability of the motor vehicle would be
46A-6A-4 Civil action by consumer.
(a) If the nonconformity results in substantial impairment to the use or
market value of the new motor vehicle and the manufacturer has not replaced the new
motor vehicle pursuant to the provisions of section three of this article, or if the
nonconformity exists after a reasonable number of attempts to conform the new motor
vehicle to the applicable express warranties, the consumer shall have a cause of action
against the manufacturer, in the circuit court of any county having venue.
(b) In any action under this section, the consumer may be awarded all or any
portion of the following:
(1) Revocation of acceptance and refund of the purchase price, including,
but not limited to, sales tax, license and registration fees, and other reasonable
expenses incurred for the purchase of the new motor vehicle, or if there be no such
revocation of acceptance, damages for diminished value of the motor vehicle;
(2) Damages for the cost of repairs reasonably required to conform the motor
vehicle to the express warranty;
(3) Damages for the loss of use, annoyance or inconvenience resulting from
the nonconformity, including, but not limited to, reasonable expenses incurred for
replacement transportation during any period when the vehicle is not out of service by
reason of the nonconformity or by reason of repair; and
(4) Reasonable attorney fees.
(c) It is an affirmative defense to any claim under this section
(i) that an alleged nonconformity does not substantially impair the use or
market value or
(ii) that a nonconformity is the result of abuse, neglect or unauthorized
modifications or alterations of a motor vehicle by anyone other than the manufacturer,
its agent or its authorized dealer.
(d) An action brought under this section by the consumer must be commenced
within one year of the expiration of the express warranty term.
(e) The cause of action provided for in this section shall be available only
against the manufacturer.
46A-6A-5 Presumption of reasonable number of attempts.
Extension of warranty term when repair services unavailable.
(a) It is presumed that a reasonable number of attempts have been undertaken
to conform a new motor vehicle to the applicable express warranties, if the same
nonconformity has been subject to repair three or more times by the manufacturer, its
agents or its authorized dealers within the express warranty term or during the period
of one year following the date of original delivery of the motor vehicle to the
consumer, whichever is the earlier date, and the nonconformity continues to exist, or
the vehicle is out of service by reason of repair for a cumulative total of thirty or
more calendar days during the term or during the one-year period, whichever is the
(b) If the nonconformity results in a condition which is likely to cause death
or serious bodily injury if the vehicle is driven, it is presumed that a reasonable
number of attempts have been undertaken to conform the vehicle to the applicable express
warranties if the nonconformity has been subject to repair at least once by the
manufacturer within the express warranty term or during the period of one year following
the date of original delivery of the motor vehicle to a consumer, whichever is the
earlier date, and the nonconformity continues to exist.
(c) The presumption that a reasonable number of attempts have been undertaken
to conform a new motor vehicle to the applicable express warranties applies against a
manufacturer only if the manufacturer has received prior written notification from or on
behalf of the consumer and has had at least one opportunity to cure the defect alleged.
(d) The term of an express warranty, the one-year period and the thirty-day
period shall be extended by any period of time during which repair services are not
available to the consumer because of a war, invasion, strike or fire, flood or other
46A-6A-6 Written statement to be provided to consumer.
At the time of purchase the manufacturer, either directly or through its agent or its
authorized dealer, must provide the consumer a written statement on a separate piece of
paper, in ten point all capital type, in substantially the following form:
"IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO
REPLACEMENT OR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO REPLACEMENT OR TO
COMPENSATION, YOU MUST FIRST NOTIFY THE MANUFACTURER OF THE PROBLEM IN WRITING AND
PROVIDE THE MANUFACTURER AN OPPORTUNITY TO REPAIR THE VEHICLE."
46A-6A-7 Resale of returned motor vehicle.
If a new motor vehicle has been returned under section three of this article or a
similar statute of another state, it may not be resold in this state unless the
manufacturer corrects the nonconformity and provides the consumer with a written statement
on a separate piece of paper in ten point all capital type, in substantially the following
"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT
CONFORM TO THE MANUFACTURER'S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT CURED
WITHIN A REASONABLE TIME AS PROVIDED BY WEST VIRGINIA LAW."
Provided, That no manufacturer shall require by agreement or otherwise, either directly
or indirectly, that any of its authorized dealers in this state accept such a motor
vehicle for resale.
46A-6A-8 Third party dispute resolution process.
Attorney general to promulgate rules and regulations.
(a) The attorney general of the state of West Virginia shall promulgate rules
and regulations for the establishment and qualification of a third party dispute
mechanism or mechanisms for the resolution of warranty disputes between the consumer and
the manufacturer, its agent or its authorized dealer. Such mechanisms shall be under the
supervision of the division of consumer protection in the office of the attorney
general, and shall meet or exceed the minimum requirements of the informal dispute
settlement mechanism as provided by the Magnuson-Moss Warranty Federal Trade Commission
Improvement Act (Public Law 93-637) and rules and regulations lawfully promulgated there
under effective the first day of January, one thousand nine hundred eighty-four.
(b) If a qualified third party dispute resolution process exists and the
consumer receives timely notification in writing of the availability of the third party
process with a description of its operation and effect, the cause of action under
section four of this article may not be asserted by the consumer until after the
consumer has initially resorted to the third party process. Notification of the
availability of the third party process must be timely to the consumer. If a qualified
third party dispute resolution process does not exist, or if the consumer is
dissatisfied with the third party decision, or if the manufacturer, its agent or its
authorized dealer fails to promptly fulfill the terms of the third party decision, the
consumer may assert a cause of action under section four of this article.
(c) Any period of limitation of actions under any federal or West Virginia
laws with respect to any consumer shall be tolled for the period between the date a
complaint is filed with a third party dispute resolution process and the date of its
decision or the date before which the manufacturer, its agent or its authorized dealer
is required by the decision to fulfill its terms, whichever occurs later.
46A-6A-9 Other remedies available.
Nothing in this article shall be construed to limit any right or remedy which is
otherwise available to a consumer or authorized dealer of a manufacturer under any other