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 STATUTORY WRITTEN NOTICE UNDER W. VA. CODE § 46A-6A-5(b)

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 written notification required under W. Va. Code § 46A-6A-5(b) and a formal demand for repurchase or replacement.

IMPORTANT: Under W. Va. Code § 46A-6A-5(b), the manufacturer must be afforded a reasonable final opportunity to cure the nonconformity after receiving this written notice by certified mail. This letter triggers that statutory requirement.

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)(1).

2. One-Attempt Presumption for Safety Defects. If the nonconformity is likely to cause death or serious bodily injury, a single failed repair attempt triggers the presumption. W. Va. Code § 46A-6A-5(a)(1).

3. Coverage of Pickup Trucks and Vans. West Virginia's law explicitly covers pickup trucks and vans registered as Class A motor vehicles, as well as the self-propelled chassis of motor homes. W. Va. Code § 46A-6A-2.

4. Attorney Fees to Prevailing Consumer. Under W. Va. Code § 46A-6A-4, consumers who prevail in civil actions may recover reasonable attorney fees, making representation more accessible.

5. Third-Party Dispute Resolution Under AG Oversight. The West Virginia Attorney General oversees third-party dispute resolution programs under W. Va. Code § 46A-6A-8. The consumer is not bound by the outcome and may reject it to pursue civil litigation.

6. Resale Disclosure for Buyback Vehicles. Under W. Va. Code § 46A-6A-7, any vehicle returned under the lemon law must carry a disclosure sticker when resold, protecting subsequent purchasers.

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

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

• A passenger automobile purchased or registered and titled in West Virginia
• Pickup trucks and vans registered as a Class A motor vehicle (gross weight not exceeding 8,000 lbs)
• The self-propelled chassis of a motor home

Exclusions:

• The living quarters portion of motor homes
• Motorcycles and off-road vehicles
• Commercial vehicles exceeding 8,000 lbs GVWR

C. Coverage Period — Lemon Law Rights Period

The lemon law applies during the earlier of:

• The term of the manufacturer's express warranty; or
• One (1) year following the date of original delivery to the consumer.

W. Va. Code § 46A-6A-3(a).

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 coverage period:

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

Before pursuing a civil action, the consumer must send written notification by certified mail to the manufacturer describing the nonconformity. The manufacturer must then be given a reasonable final opportunity to cure. This letter satisfies that requirement.

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)(1)): The same nonconformity has been subject to repair [____] times (3 or more required), and the nonconformity continues to exist.

☐ Safety Defect — One-Repair Presumption Met (W. Va. Code § 46A-6A-5(a)(1)): The nonconformity is likely to cause death or serious bodily injury, and the manufacturer has had at least one opportunity to repair.

☐ 30-Day Out-of-Service Presumption Met (W. Va. Code § 46A-6A-5(a)(2)): The vehicle has been out of service for repair for a cumulative total of [____] calendar days (30 or more required).

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, if the manufacturer sponsors an informal dispute settlement procedure that complies with federal regulations (16 C.F.R. Part 703) and has been approved by the West Virginia Attorney General, the consumer must initially resort to that procedure before filing a civil action.

☐ 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

Pursuant to W. Va. Code § 46A-6A-3, we demand the following:

A. Primary Remedy — Select One

☐ REPURCHASE / REFUND (W. Va. Code § 46A-6A-3(a))

Reasonable Allowance for Use Calculation:

Under W. Va. Code § 46A-6A-3, the use offset is calculated as:

(Full Purchase Price) × (Miles Driven Before First Report of Nonconformity ÷ 100,000)

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

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

B. Additional Remedies

1. Attorney Fees and Costs (W. Va. Code § 46A-6A-4): Reasonable attorney fees and court costs to the prevailing consumer.

2. Civil Penalty: Available for willful violations of the Act.

3. Loan / Lease Payoff: The manufacturer must satisfy any outstanding loan or lease balance owed to the lienholder.

4. Incidental Damages: All costs incurred as a result of the nonconformity, including rental vehicles, alternative transportation, towing, and lost wages attributable to repair appointments.

IX. FINAL REPAIR OPPORTUNITY

This letter affords [________________________________] (Manufacturer) the final opportunity to cure required under W. Va. Code § 46A-6A-5(b). Please contact the undersigned within ten (10) business days to schedule the final repair attempt at an authorized facility.

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 for repurchase or replacement in compliance with W. Va. Code § 46A-6A-3
3. Scheduling of the final repair opportunity under W. Va. Code § 46A-6A-5(b)

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 is lower than the 4 required by many states (including neighboring Virginia and Ohio). This provides earlier relief to consumers and makes the presumption easier to establish.

☐ Single-Attempt Safety Defect Trigger: For defects likely to cause death or serious bodily injury, a single failed repair creates the rebuttable presumption. This is a strong consumer protection that not all states provide.

☐ Certified Mail Requirement Is Mandatory: W. Va. Code § 46A-6A-5(b) specifically requires written notice by certified mail. Failure to send certified mail may defeat the presumption. Always obtain and retain the certified mail receipt and return receipt (green card).

☐ Attorney General Oversight of Arbitration: The WV Attorney General's Consumer Protection Division in Charleston oversees manufacturer arbitration programs. Verify whether the specific manufacturer's program has been approved. If it has not been certified, the consumer may proceed directly to court.

☐ Vehicle Weight Limit of 8,000 lbs: West Virginia covers pickup trucks and vans registered as Class A vehicles with a gross weight not exceeding 8,000 lbs. This is lower than some states that cover vehicles up to 10,000 lbs. Verify the vehicle's GVWR before asserting coverage.

☐ Buyback Resale Disclosure Protects Subsequent Buyers: W. Va. Code § 46A-6A-7 requires that any vehicle bought back under the lemon law carry a disclosure sticker when resold. Manufacturers who fail to disclose face additional liability.

☐ Companion WVCCPA Claims: Consider asserting parallel claims under the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-6-102) for deceptive trade practices 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 — West Virginia Motor Vehicle Warranties Act
• 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.