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Motorcycles and lemon law: What you need to know in West Virginia

On Behalf of | Oct 29, 2023 | Lemon Law |

West Virginia Lemon Law is a provision that protects consumers who purchase defective vehicles from the manufacturers. According to this regulation, a manufacturer can replace a vehicle for a buyer or lessee if they cannot fix it after three valid attempts or one life-threatening issue within one year or 12,000 miles of acquiring the vehicle. However, many people are unaware of the specifics of this law and whether it covers motorcycles as well. Here’s what you should know.

Lemon eligibility

The lemon law in West Virginia exclusively applies to class A and class B vehicles. Class A vehicles are defined as those primarily used for transportation of persons and property, while Class B vehicles are those used exclusively for business purposes. Unfortunately, this means that motorcycles do not fall under the protection of the lemon law in West Virginia.

But there’s hope for motorcyclists

The federal law, the Magnuson-Moss Warranty Act, can provide some relief for motorcycle owners facing persistent defects. This law states that manufacturers are responsible for ensuring their products are free from defects and must offer a warranty to cover any repairs or replacements necessary. It also allows consumers to sue for damages in case of violations. Therefore, if your motorcycle is under warranty and has recurring issues that the manufacturer cannot fix, you may be able to seek compensation through this law.

Other options for motorcycle owners

If neither the lemon law nor the Magnuson-Moss Warranty Act applies to your situation, you can file a complaint with the West Virginia Attorney General’s Office. They have a Consumer Protection Division that helps resolve disputes between consumers and businesses.

You can also consider taking legal action through small claims court. This may be a more affordable and quicker option, and you may or may not need an attorney to represent you. But, it may be helpful if you are unfamiliar with the legal process.

While West Virginia’s lemon law may not extend its protective arm to motorcycles, you are far from powerless. The Magnuson-Moss Warranty Act, Consumer Protection Division, and small claims court offer tangible paths to resolution. This journey may require patience and perseverance, but every step you take is a stride toward securing your rights as a consumer.