West Virginia Code § 46A-6A-3

Manufacturer's duty to repair or replace new motor vehicles
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(a) If a new motor vehicle does not conform to all applicable express warranties and the
consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer
during the term of the express warranties or within a period of one year following the date of
original delivery of the new motor vehicle to a consumer, whichever is the longer period, the
manufacturer, its agent or its authorized dealer shall make the repairs neceessary to conform
the vehicle to the express warranties, notwithstanding the fact that the repairs are made
after the expiration of the warranty term. r
(b) If the manufacturer, its agents or its authorized dealer are unuable to conform the new
motor vehicle to any applicable express warranty by repairing or correcting any defect or
condition which substantially impairs the use or market valute of the motor vehicle to the
consumer after a reasonable number of attempts, the manufacturer shall replace the new
motor vehicle with a comparable new motor vehicle which does conform to the warranties.
(c) No authorized dealer shall be held liable by the lmanufacturer for any refunds or vehicle
replacements in the absence of evidence indicsating that the dealership repairs have been
carried out in a manner substantially inconsistent with the manufacturer's instruction. This
section does not create any cause of action by a consumer against an authorized dealer.

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