Lemon Law Demand Letter — West Virginia

LEMON LAW DEMAND LETTER — WEST VIRGINIA

Under the West Virginia Motor Vehicle Warranties Act (W. Va. Code §§ 46A-6A-1 through 46A-6A-9)

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
THIS LETTER CONSTITUTES PRIOR WRITTEN NOTIFICATION UNDER W. VA. CODE § 46A-6A-5(c)

Date: [__/__/____]

To Manufacturer:
[________________________________]
Attn: Customer Relations / Legal Department
[________________________________]
[________________________________]

To Selling/Servicing Dealer:
[________________________________]
Attn: General Manager / Service Director
[________________________________]
[________________________________]

Re: WEST VIRGINIA LEMON LAW — STATUTORY DEMAND FOR REPURCHASE OR REPLACEMENT
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________]
VIN: [________________________________]
Date of Original Delivery: [__/__/____]
Current Odometer: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") regarding the above-referenced vehicle, which qualifies as a "lemon" under the West Virginia Motor Vehicle Warranties Act, W. Va. Code §§ 46A-6A-1 through 46A-6A-9. This letter constitutes the prior written notification required under W. Va. Code § 46A-6A-5(c) and a formal demand for replacement (and, in any civil action under § 46A-6A-4, revocation of acceptance and refund).

IMPORTANT: Under W. Va. Code § 46A-6A-5(c), the statutory presumption of a reasonable number of repair attempts applies against the 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 alleged defect. This letter provides that written notification. (Certified mail is used to prove delivery; the statute requires written notification, not a specific delivery method.)

I. WEST VIRGINIA LEMON LAW — DISTINCTIVE FEATURES

A. Why the West Virginia Lemon Law Stands Apart

West Virginia's Motor Vehicle Warranties Act contains several provisions that distinguish it from other state lemon laws:

1. Three-Repair Presumption (Not Four). West Virginia requires only three (3) repair attempts for the same nonconformity to trigger the statutory presumption — fewer than the four attempts required in many states. W. Va. Code § 46A-6A-5(a).

2. One-Attempt Presumption for Safety Defects. If the nonconformity is likely to cause death or serious bodily injury if the vehicle is driven, a single (at least one) failed repair attempt triggers the presumption. W. Va. Code § 46A-6A-5(b).

3. Coverage of Pickup Trucks, Vans, and Motor-Home Chassis. West Virginia's law covers passenger automobiles, pickup trucks and vans registered as Class A motor vehicles, and the self-propelled chassis of a motor home registered as a Class A or Class B motor vehicle. W. Va. Code § 46A-6A-2(4)(A). Certain self-propelled farm vehicles of 20 or more horsepower are also covered. § 46A-6A-2(4)(B).

4. Attorney Fees to Prevailing Consumer. Under W. Va. Code § 46A-6A-4(b)(4), a consumer who prevails in a civil action may recover reasonable attorney fees, making representation more accessible.

5. Third-Party Dispute Resolution Under AG Oversight. The West Virginia Attorney General's Division of Consumer Protection oversees qualified third-party dispute resolution mechanisms under W. Va. Code § 46A-6A-8. If a qualified process exists and the consumer received timely written notice of it, the consumer must first resort to it; if dissatisfied with the decision, the consumer may then sue under § 46A-6A-4.

6. Manufacturer Must Bear the Full Cost. The Legislature has declared that the manufacturer must bear the total cost of performing its warranty duties, and any agreement shifting that cost to the dealer is void. W. Va. Code § 46A-6A-1.

B. Covered Vehicles — W. Va. Code § 46A-6A-2(4)

A "motor vehicle" under the West Virginia lemon law means:

• Any passenger automobile purchased in this state, or registered and titled in this state
• Any pickup truck or van registered as a Class A motor vehicle under W. Va. Code § 17A-10-1 et seq.
• The self-propelled motor vehicle chassis of a motor home registered as a Class A or Class B motor vehicle
• A self-propelled vehicle designed primarily for and used in farming, of 20 or greater horsepower

The living quarters of a motor home, motorcycles, and off-road vehicles are not within the enumerated categories. (Verify Class A weight classification under W. Va. Code § 17A-10-1 for the specific vehicle.)

C. Coverage Period — Lemon Law Rights Period

The manufacturer's duty to repair applies when the consumer reports the nonconformity during the longer of the express warranty term or one (1) year following original delivery. W. Va. Code § 46A-6A-3(a). The repair-attempt presumption in § 46A-6A-5(a) is measured over the earlier of the warranty term or that one-year period.

D. Presumption of Reasonable Repair Attempts — W. Va. Code § 46A-6A-5

A rebuttable presumption that a reasonable number of attempts have been made arises when, within the measuring period:

The presumption applies against the manufacturer only if the manufacturer received prior written notification and had at least one opportunity to cure. § 46A-6A-5(c).

E. Required Written Notification — W. Va. Code § 46A-6A-5(c)

Before the presumption applies, the consumer must give the manufacturer prior written notification of the nonconformity, and the manufacturer must have had at least one opportunity to cure. The statute does not prescribe a delivery method; certified mail is used here to document delivery. This letter provides that written notification.

II. VEHICLE AND TRANSACTION INFORMATION

III. WARRANTY STATUS

All reported nonconformities arose within the applicable warranty period and/or within one year of original delivery.

IV. NONCONFORMITY DESCRIPTION

Under W. Va. Code § 46A-6A-3, a "nonconformity" is a condition that substantially impairs the use, market value, or safety of the motor vehicle and that does not conform to the manufacturer's express warranty.

Primary Nonconformity

Additional Nonconformity (if applicable)

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

(Attach additional repair attempt sheets as needed)

Repair History Summary

VI. LEMON LAW QUALIFICATION ANALYSIS

A. Statutory Presumption Satisfied

☐ Three-Repair Presumption Met (W. Va. Code § 46A-6A-5(a)): The same nonconformity has been subject to repair [____] times (3 or more required), and the nonconformity continues to exist.

☐ Safety Defect — One-Attempt Presumption Met (W. Va. Code § 46A-6A-5(b)): The nonconformity is likely to cause death or serious bodily injury if the vehicle is driven, has been subject to repair at least once, and continues to exist.

☐ 30-Day Out-of-Service Presumption Met (W. Va. Code § 46A-6A-5(a)): The vehicle has been out of service by reason of repair for a cumulative total of [____] calendar days (30 or more required).

☐ Notice-and-Cure Precondition Met (W. Va. Code § 46A-6A-5(c)): The manufacturer received prior written notification and had at least one opportunity to cure.

B. Federal Magnuson-Moss Warranty Act

In addition to the West Virginia lemon law, our Client asserts claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., which provides an independent basis for attorney fees to prevailing consumers and permits suit in state or federal court.

VII. THIRD-PARTY DISPUTE RESOLUTION — W. VA. CODE § 46A-6A-8

Under W. Va. Code § 46A-6A-8(b), if a qualified third-party dispute resolution process exists (meeting or exceeding the Magnuson-Moss/16 C.F.R. Part 703 minimums and supervised by the Attorney General's Division of Consumer Protection under § 46A-6A-8(a)) and the consumer received timely written notice of its availability, the consumer may not assert a civil action under § 46A-6A-4 until first resorting to that process. If no qualified process exists, if the consumer is dissatisfied with the decision, or if the manufacturer fails to promptly fulfill the decision, the consumer may proceed under § 46A-6A-4. Limitations periods are tolled during the process under § 46A-6A-8(c).

☐ Manufacturer has an AG-approved program. Our Client will participate in the third-party dispute resolution process. However, the consumer is not bound by the outcome and may reject the decision and proceed to civil litigation.

☐ Manufacturer does not have an AG-approved program in West Virginia. Our Client may proceed directly to civil action without first resorting to third-party dispute resolution.

☐ Program is not in compliance with 16 C.F.R. Part 703 or has not been approved by the West Virginia Attorney General.

VIII. DEMAND FOR RELIEF

We demand the following. Note West Virginia's two-track structure: § 46A-6A-3(b) obligates the manufacturer to replace the vehicle after a reasonable number of failed repair attempts; revocation of acceptance and a refund are recoverable in a civil action under § 46A-6A-4(b)(1). West Virginia's lemon law does not prescribe a statutory mileage-offset formula for the refund.

A. Primary Remedy — Select One

☐ REPLACEMENT (W. Va. Code § 46A-6A-3(b))

The manufacturer shall provide a comparable new motor vehicle that conforms to the warranties, acceptable to the Consumer and of similar value and specifications.

☐ REVOCATION OF ACCEPTANCE / REFUND (W. Va. Code § 46A-6A-4(b)(1))

In a civil action, the Consumer may seek revocation of acceptance and a refund of the purchase price, or, absent revocation, damages for diminished value:

(If the manufacturer contends a use allowance should reduce the refund, note that no offset formula is fixed by the West Virginia statute; any such claim must be established, not assumed.)

B. Additional Remedies Recoverable in a § 46A-6A-4 Civil Action

1. Cost of Repairs (§ 46A-6A-4(b)(2)): Damages for the cost of repairs reasonably required to conform the vehicle to the express warranty.

2. Loss of Use / Inconvenience (§ 46A-6A-4(b)(3)): Damages for loss of use, annoyance or inconvenience, including reasonable replacement-transportation expenses.

3. Reasonable Attorney Fees (§ 46A-6A-4(b)(4)): Reasonable attorney fees to the prevailing consumer.

4. Loan / Lease Payoff: As a practical matter, the Consumer requests that any outstanding loan or lease balance be satisfied as part of any repurchase.

IX. OPPORTUNITY TO CURE

This letter provides [________________________________] (Manufacturer) the prior written notification and opportunity to cure referenced in W. Va. Code § 46A-6A-5(c). Please contact the undersigned within ten (10) business days to schedule any repair attempt at an authorized facility. (The ten-day period is a practical deadline set by this demand; the statute sets no fixed cure period.)

If the nonconformity is not cured within a reasonable period following this final attempt, our Client will pursue all available remedies, including:

☐ Submission to the manufacturer's AG-approved arbitration program (if applicable)
☐ Civil action in the appropriate West Virginia Circuit Court
☐ Federal action under the Magnuson-Moss Warranty Act
☐ Complaint to the West Virginia Attorney General — Consumer Protection Division (Charleston)

X. DOCUMENT PRESERVATION NOTICE

You are hereby directed to preserve all documents, records, and electronically stored information relating to this vehicle and this claim, including but not limited to:

• All repair orders, warranty claims, and dealer communications
• Technical Service Bulletins (TSBs) related to the reported nonconformity
• Customer complaints and field reports regarding similar defects in the same make/model
• All communications between the dealer and manufacturer concerning this vehicle
• Engineering analyses, root cause investigations, and quality reports
• The vehicle itself — do not destroy, disassemble, resell, or materially alter

Spoliation of evidence may result in adverse inference instructions and separate sanctions under West Virginia law.

XI. RESPONSE DEADLINE

Please respond in writing within fourteen (14) days of the date of this letter with:

1. Your position on whether the vehicle qualifies under the West Virginia lemon law
2. An offer to replace the vehicle under W. Va. Code § 46A-6A-3(b) (or to resolve a refund under § 46A-6A-4(b)(1))
3. Whether the manufacturer intends to exercise the opportunity to cure referenced in W. Va. Code § 46A-6A-5(c), and proposed scheduling

If no satisfactory response is received, we will proceed with formal dispute resolution and/or litigation without further notice.

XII. RESERVATION OF RIGHTS

This letter is without prejudice to any rights or remedies available to our Client under the West Virginia Motor Vehicle Warranties Act, the Magnuson-Moss Warranty Act, the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-1-101 et seq.), or any other applicable law, all of which are expressly reserved.

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________], Esquire
West Virginia State Bar ID No. [________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Counsel for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders and dealer invoices
☐ Copy of purchase/lease agreement
☐ Copy of manufacturer's warranty documentation
☐ Vehicle registration and title
☐ Photographs and/or video of the nonconformity
☐ Prior correspondence with manufacturer and dealer
☐ Rental vehicle receipts and incidental expense documentation
☐ Authorization to represent

cc:
[________________________________] (Consumer)
[________________________________] (Lienholder / Lease Company)
West Virginia Attorney General — Consumer Protection Division
Client File

WEST VIRGINIA LEMON LAW — QUICK REFERENCE

WEST VIRGINIA-SPECIFIC NOTES

☐ Only Three Repair Attempts Required: West Virginia's threshold of 3 repair attempts (§ 46A-6A-5(a)) is lower than the 4 required by many states. This provides earlier relief and makes the presumption easier to establish.

☐ Single-Attempt Safety Defect Trigger: For defects likely to cause death or serious bodily injury if the vehicle is driven, at least one failed repair creates the rebuttable presumption. § 46A-6A-5(b).

☐ Written Notification Is a Precondition — Certified Mail Is Best Practice, Not a Statutory Mandate: § 46A-6A-5(c) requires "prior written notification" and at least one opportunity to cure before the presumption applies against the manufacturer. The statute does not mandate certified mail; use it anyway to document delivery, and retain the receipt and green card.

☐ Replace vs. Refund — Know the Two Tracks: § 46A-6A-3(b) creates the manufacturer's duty to replace after a reasonable number of failed repairs. Refund (revocation of acceptance and return of the purchase price and purchase fees) is a civil-action remedy under § 46A-6A-4(b)(1) — do not cite § 3 for a refund.

☐ No Statutory Use-Offset Formula: West Virginia's lemon law does not prescribe a mileage/100,000 use-allowance formula (unlike Wisconsin and others). Do not concede or compute a fixed offset; any use-allowance a manufacturer asserts must be separately established.

☐ Third-Party Dispute Resolution First — If Noticed: § 46A-6A-8(b) bars a § 4 action until the consumer first resorts to a qualified AG-supervised process, but only if the consumer received timely written notice of its availability. Confirm both the program's qualification and whether notice was given; limitations are tolled during the process (§ 8(c)).

☐ One-Year Limitations Period: A § 46A-6A-4 action must be commenced within one year of the expiration of the express warranty term (§ 46A-6A-4(d)). Calendar this carefully.

☐ Point-of-Sale Written Statement (§ 46A-6A-6): At purchase the manufacturer must give the consumer a separate ten-point all-caps statement advising of the replacement/compensation rights and the written-notice-and-cure precondition. Absence of that statement can support a companion claim.

☐ Companion WVCCPA Claims: Consider parallel claims under the broader West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-6-101 et seq.) for unfair or deceptive acts if the manufacturer or dealer engaged in misleading conduct regarding the defect.

☐ Federal Magnuson-Moss Claims: Always plead the Magnuson-Moss Warranty Act (15 U.S.C. § 2301) as an alternative basis. It provides federal jurisdiction, independent attorney fee provisions, and may offer advantages if state-law claims are limited.

Sources and References

• W. Va. Code §§ 46A-6A-1 through 46A-6A-9 — Consumer Protection—New Motor Vehicle Warranties (official: https://code.wvlegislature.gov/46A-6A-5/)
• 15 U.S.C. §§ 2301–2312 — Magnuson-Moss Warranty Act
• 16 C.F.R. Part 703 — FTC Informal Dispute Settlement Procedures
• West Virginia Attorney General — Consumer Protection Division: https://ago.wv.gov/
• Powell & Majestro PLLC, "What Qualifies for Lemon Law in West Virginia?": https://www.powellmajestro.com/what-qualifies-for-lemon-law-in-west-virginia/
• CarLemon.com, "West Virginia Lemon Law (46A-6A-1 - 46A-6A-9)": https://www.carlemon.com/west-virginia-lemon-law.html
• BBB Auto Line, "West Virginia Lemon Law Summary": https://assets.bbbprograms.org/docs/default-source/auto-line/statelemonlaws/wv-lemonlaw.pdf

This template is for informational purposes only and does not constitute legal advice. Lemon law requirements are subject to amendment; verify current statutory provisions with a licensed West Virginia attorney before relying on this document.