RV Lemon Law in West Virginia

West Virginia Lemon Law covers the chassis of motor homes. In order to be considered a "lemon," the vehicle must meet the following requirements:

• Does not conform to the manufacturer's express warranty
• Has substantial defects affecting the use, safety or value of the vehicle
• Has manufacturer's defects that occurred during the first year from the delivery date or the expiration of the warranty (whichever is later)
• Has been taken in three times for the same problem or has been out of service for a cumulative total of 30 calendar days
• If the defect is likely to cause serious injury or death, it has been taken in for repair one time
• The manufacturer has been notified in writing of the defect and been asked for a replacement or refund
• The vehicle is used for personal, family, or household purposes

Under West Virginia Lemon Law, you must notify the manufacturer of your vehicle's problem and demand a refund or a replacement. You must do this within one year of the delivery date or the expiration of the manufacturer's express warranty, whichever is later. Sample demand letter.

You may participate in the manufacturer's informal arbitration process, but you do not have to do so before filing a Lemon Law claim in court.

West Virginia Lemon Law provides several options for a successful Lemon Law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:

• The full purchase price
• Sales tax
• License fees
• Registration fees
• Damages for the cost of repairs
• Damages for the loss of use, annoyance, or inconvenience
• Alternate transportation costs
• Attorney's fees

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, vehicle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.