Sep 16, 2019 · Mallard Coach Co., 406 S.E.2d 725, 731 (W. Va. 1991) (concluding that a manufacturer's failure to assess defect in recreational vehicle until morning of last day of trial brought under lemon law was not bad faith, vexatious, wanton, or oppressive action; thus, purchaser was not entitled to award of costs under equity.). See Trade Well Int'l v ...
The WV Lemon Law contains a fee-shifting provision which means that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. If you submit a claim to Kimmel & Silverman, and we accept your case, you will not pay anything out of pocket, win or lose.
West Virginia Lemon Law. West Virginia offers protection against the purchase of "lemons," vehicles that don't meet the requirements and obligations under the terms of warranties. The West Virginia lemon law allows vehicle manufacturers a certain number of attempts to repair your vehicle's defect/malfunction before they are required to offer ...
Sep 23, 2020 · West Virginia Lemon Law. Under the West Virginia lemon law, a consumer who purchases an unreliable passenger vehicle (known as a lemon) may file a claim to request a replacement automobile or a full refund if he or she does so within one year of purchasing the vehicle from a dealer. Under the law, a consumer may also choose to file a claim ...
The West Virginia Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 12 months of ownership, that is not repaired after repeated attempts (normally three) by the manufacturer's authorized dealership. Top of the Page.
Ask away. Give us a call at 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day or feel free to email us and we will be glad to get back to you as soon as possible.
The West Virginia lemon law allows vehicle manufacturers a certain number of attempts to repair your vehicle's defect/malfunction before they are required to offer you a replacement vehicle or a refund of your purchase.
When you're having difficulty getting a replacement or refund for your lemon, you'll want to consider hiring a lemon law attorney. When searching for a lawyer, keep the following tips in mind: 1 Hire someone local to West Virginia with experience in lemon law .#N#Lemon laws vary depending on your state. 2 Ask for recommendations or referrals. 3 Ask about fees and payment terms .#N#Make sure there aren't any hidden costs.
As part of the state lemon law, consumers may also qualify for a replacement vehicle if their automobile is in for repairs and “out of service” for at least 30 consecutive or nonconsecutive calendar days within the vehicle’s first year of operation.
To determine whether your new vehicle is a lemon, consider the following: 1 Did you buy the vehicle brand-new, or is it still covered under the manufacturer’s warranty? 2 Does the vehicle have reoccurring problems? 3 Has your vehicle been serviced multiple times within a short period? 4 Has your vehicle been “out of service” for anywhere between 25 to 35 consecutive or nonconsecutive days since you purchased it?
In 1975, Congress enacted the Magnuson-Moss Warranty Act, which is often referred to as the federal “ Lemon Law .” This law provides that if a warrantor of a consumer product fails to comply with the obligations of its warranty, i.e. repair defects in materials or workmanship, after being afforded a reasonable opportunity to do so, that the consumer may bring suit not only for damages, but also for attorneys’ fees, and costs. This is extremely important, because it allows law firms to represent consumers without charging them for their time and expenses. In essence, this “fee-shifting” provision levels the playing field so that an individual consumer may hire an attorney who is experienced in handling “lemon law” and “breach of warranty” claims to take on some of the world’s largest corporations. Moreover, this provision allows consumer attorneys to do the work that state agencies are often too burdened to handle by making “private attorney generals” responsible for enforcing the law.
The federal Magnuson-Moss Warranty and state Lemon Laws allow private citizens to redress wrongs that have the ability to impact all of us. The “fee-shifting” provisions of these laws give them teeth and make them enforceable, which benefits all of us.