A “Lemon” is a vehicle with a defect after a “reasonable number of repair attempts.” West Virginia generally affords the manufacturer three attempts or if repairs take thirty or more days (in total) they are presumed a reasonable opportunity to repair, regardless of how many opportunities the manufacturer is given.
Under West Virginia Law, this typically means reporting the problem to the manufacturer or dealer within a year of purchase and bringing your legal action within one year of the expiration of your vehicle’s warranty. Under federal law, you are typically protected against defects, which arise at any point during the warranty period.
Finally, Lemon Law only covers “nonconformities,” which basically means defects. Therefore, negligence or misuse by the vehicle owner is not a protected activity. However, the overall nature of the transactions may be considered an unfair and deceptive trade practice or other violation of consumer law.
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