West Virginia Lemon Law Buyback Calculator

In West Virginia, a lemon law buyback (repurchase) refunds what you paid for the vehicle minus a "mileage offset" for the use you got before the defect appeared. Using the common statutory formula, the offset equals the miles driven before your first repair attempt divided by 120,000, multiplied by the purchase price. On a $35,000 vehicle with 6,000 miles at the first repair attempt, the offset is about $1,750 — so the buyback would be roughly $33,250, plus incidental costs like taxes, registration, and towing. Our calculator applies this same formula to your numbers.

West Virginia recognizes a "lemon presumption" that shifts the burden to the manufacturer once your repair history crosses set thresholds. If the dealer cannot fix the same substantial, warranty-covered defect after 3 repair attempts, or if the vehicle is out of service for a cumulative 30 days, the vehicle is presumed to be a lemon. This presumption generally applies within the first 12 months of ownership.

West Virginia's state lemon law generally covers new vehicles purchased with a manufacturer's warranty. If your vehicle is used or falls outside the state statute, you may still have a claim under the federal Magnuson-Moss Warranty Act, which applies to written warranties nationwide.

West Virginia Code section 46A-6A-4(d) requires a consumer's lemon law action to be commenced within 1 year of the expiration of the express warranty term, so the deadline depends on the length of your manufacturer's warranty. A licensed attorney can confirm which deadline applies to your vehicle. When a vehicle qualifies, West Virginia requires the manufacturer to repurchase or replace it rather than keep attempting repairs. West Virginia's lemon law lets the court award attorney fees to a consumer who wins (West Virginia Code 46A-6A-4(b)(4)); whether to award them is up to the court.