West Virginia Lemon Law: Your Rights

Last reviewed: June 29, 2026

West Virginia's lemon law, part of the Consumer Credit and Protection Act, covers new vehicles. If a substantial defect under warranty can't be fixed after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable new one or refund the full purchase price plus collateral charges. The Attorney General's Consumer Protection Division oversees third-party dispute resolution.

West Virginia lemon law at a glance

Time / mileage window The warranty term or 1 year after delivery, whichever is earlier
Repair attempts (presumption) 3 or more for the same defect
Days out of service 30 or more calendar days
Covers new vehicles Yes
Used-car lemon law No (new vehicles only)

What these rules mean for you

If your vehicle has a substantial defect that the manufacturer cannot fix after the repair attempts above, or it has been out of service for the listed time, you may have a lemon law claim. The remedy is usually a refund (a buyback) or a replacement vehicle. The details turn on your documentation, so keep every repair order from the first visit on. See what to document for a defect or lemon law claim.

A recall is not required for a claim, and recall repair attempts can count toward your total. For the full picture, read the pillar guide, recall vs. lemon law, and learn how many repair attempts before lemon law applies and how a buyback, replacement, or cash settlement compares.

Official West Virginia sources

Verify the current rules with these authoritative sources: