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What limitations are there in pursuing a lemon law case?

On Behalf of | Jun 30, 2023 | Lemon Law |

When it comes to the lemon law in West Virginia, there are several limitations in place that you must keep in mind. They have to do with how long you have to file a legal action against the manufacturer, what motor vehicles and consumers are covered, and the proper procedures for informing the manufacturer about certain issues with your vehicle.

Time period to file lemon law claims

If you are seeking dispute resolution about a motor vehicle, you need to file the claim within the express warranty term or within a year of vehicle delivery. You have a bit longer to file formal legal action. This is one year after the expiration of the express warranty term. If you have to file in court, time won’t run while you’re involved in the dispute resolution procedures.

Eligibility of motor vehicles and consumers

To file a claim on your vehicle under the West Virginia lemon law, it must be a passenger automobile that you’ve purchased in West Virginia, or that you register the vehicle in the state. This includes pickup trucks and vans that have a gross weight under 10,000 pounds. This restriction also applies to a self-propelled chassis for motor homes.

You would be considered an eligible consumer if you’re the one who purchased the motor vehicle for your own purposes, if you had a new motor vehicle transferred to you for your own purposes during its express warranty term, or if you’re entitled to enforce obligations of the vehicle’s warranty.

How long you have to give notice

It’s necessary that you give notice to the manufacturer to establish a presumption of the nonconformity issues with your motor vehicle. This means that you must provide them with information about what’s wrong with the vehicle that will allow them to take action to remedy the problem. You only need to give them one notice if this issue results in a worsening condition of the vehicle that can lead to death or serious harm.

Don’t hesitate to contact the manufacturer and try to get repairs for your motor vehicle. If the condition remains the same or worsens after they take action or they avoid your requests, you can file a claim under the lemon law.