Hiring a Lemon Law Lawyer in West Virginia
The West Virginia lemon law for new cars, the rules for used cars, where to file a complaint, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in West Virginia: fee rules
| Rules on contingency fees | Under West Virginia Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The West Virginia State Bar's Voluntary Fee Dispute Resolution Program helps clients and lawyers work out disagreements over fees or costs; either side can start it. An attorney member of the District Grievance Committee living in the claimant's county contacts both parties to try to resolve the dispute, ideally within 30 days. Send a description of the dispute and relevant documents to the State Bar's Executive Director at director@wvbar.org or 2000 Deitrick Blvd., Charleston, WV 25311. |
| If a lawyer takes your money | The West Virginia State Bar's Lawyers Fund for Client Protection reimburses losses caused by dishonest conduct (theft, embezzlement, wrongful conversion, refusing to refund unearned advance fees, or borrowing from a client without intent to repay) of West Virginia lawyers within a lawyer-client or fiduciary relationship. Losses of the lawyer's family, partners, associates or employees, losses covered by bonds or insurance, and government losses are excluded. Under the Fund's rules, awards are capped at $20,000 per claim and $40,000 per attorney per year (subject to change by the Board of Governors), excluding interest and incidental expenses. File within two years after you knew or should have known of the dishonest conduct and the loss, using the Fund's application form; questions 304-553-7220. Program page: https://wvbar.org/public-information/lawyers-fund-for-client-protection/ |
West Virginia rules to know first
| Lemon law for new cars | West Virginia's lemon law covers new passenger automobiles bought or titled in West Virginia, including Class A pickup trucks and vans, the self-propelled chassis of motor homes, and certain farm vehicles. If a defect is reported during the warranty or within one year of delivery, whichever is longer, the manufacturer must make the needed repairs. If a defect that substantially impairs use or market value cannot be fixed after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable new one; the consumer may also sue the manufacturer and may be awarded a refund of the purchase price (including sales tax, license and registration fees and other reasonable purchase expenses) or damages for diminished value, repair costs, loss of use and inconvenience, and reasonable attorney fees. A reasonable number of attempts is presumed if, within the warranty or one year (whichever is earlier), the same defect was repaired three or more times and continues, the vehicle was out of service 30 or more calendar days, or a defect likely to cause death or serious injury was repaired at least once and continues; the manufacturer must first receive written notice and a chance to cure. Suit must be filed within one year after the express warranty expires. Consumer lawsuit and remedies: https://code.wvlegislature.gov/46A-6A-4/ ; presumption: https://code.wvlegislature.gov/46A-6A-5/ |
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| Used cars | West Virginia generally bars merchants from excluding or limiting implied warranties (such as merchantability) on consumer goods. A used vehicle may be sold "as is" only if it is inoperable and a total loss, custom built or modified for show or racing, or sold for less than $4,000, driven more than 100,000 miles, or seven years old or older. A buyer of an "as is" vehicle in the last group may cancel the sale by returning it by the end of the dealer's third business day after the sale if it has a significant mechanical problem that reasonably existed at the time of sale. An "as is" sale requires a specific disclaimer on the front page of the sales contract. General ban on disclaimers: https://code.wvlegislature.gov/46A-6-107/ |
| How to make a lemon law claim | 1) Report the problem to the manufacturer, its agent or an authorized dealer during the express warranty term or within one year after original delivery, whichever is longer. 2) Written notice: the presumption that the manufacturer had a reasonable number of repair attempts applies only if the manufacturer received prior written notice from or on behalf of the consumer and had at least one opportunity to fix the defect. The manufacturer must give buyers a printed statement at purchase saying they must first notify the manufacturer in writing and give it a chance to repair. 3) Arbitration: the Attorney General sets rules for qualified third-party dispute resolution programs, supervised by the Attorney General's consumer protection division and meeting federal Magnuson-Moss standards. If a qualified program exists and the consumer was told about it in writing in time, with a description of how it works, the consumer must use it first before suing. The consumer may sue if no qualified program exists, if dissatisfied with the decision, or if the manufacturer does not promptly carry it out. The statute does not set a consumer fee. 4) Deadline to sue: a lawsuit in circuit court must be filed within one year after the express warranty term expires. Time limits are paused from the day a complaint is filed with a third-party program until its decision (or the deadline for carrying it out, if later). The court may award reasonable attorney fees. Related sections read: https://code.wvlegislature.gov/46A-6A-4/ and https://code.wvlegislature.gov/46A-6A-5/. |
| Where to file a consumer complaint | Consumers can file a complaint with the Attorney General's Consumer Protection Division online, by email (consumer.complaint@wvago.gov), or by mailing a printed form to Office of the Attorney General, Consumer Protection Division, PO Box 1789, Charleston, WV 25326-1789. The Division reviews the complaint, contacts the business for a response, and facilitates voluntary mediation toward a mutual resolution; patterns of violations may lead to enforcement action. Consumer Protection Hotline: 1-800-368-8808. |
Find and check a lawyer
| Lawyer referral service | The West Virginia State Bar Lawyer Referral Service is a public service that helps you find a qualified, local lawyer experienced with your type of legal issue. Contact the attorney and mention the referral service; the attorney may agree to an initial consultation for no more than $25 for the first 30 minutes, and you are under no obligation to hire the lawyer. Phone: (304) 553-7220. |
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| Check that the lawyer is licensed | The West Virginia State Bar publishes a Membership Directory Search and a PDF directory of its members on its Public Programs page. State Bar phone: 304-553-7220 (toll free 866-989-8227). Membership Directory Search: https://www.mywvbar.org/membership-search-members |
| Check discipline history or file a complaint | The Office of Lawyer Disciplinary Counsel (ODC) investigates and prosecutes violations of the West Virginia Rules of Professional Conduct. Download the Complaint Packet and Complaint Form from the ODC website and mail or deliver the complaint to the Office of Lawyer Disciplinary Counsel, West Virginia Judicial Tower, 4700 MacCorkle Avenue SE, Suite 1200, Charleston, WV 25304; phone (304) 558-7999, fax (304) 558-4015 (9 a.m.-5 p.m. weekdays). The ODC publishes disciplinary decisions on its website. Disciplinary decisions: https://wvodc.org/disciplinary-decisions-page |
Free legal help
| Free legal aid | Legal Aid of West Virginia provides free civil legal services (clients are not charged, though some court filing fees may apply). Apply online or by phone at 866-255-4370 (Monday, Wednesday, Thursday and Friday 8:30 am-3:30 pm; Tuesday 8:30 am-12:30 pm); interpreters are available. LSC lists Legal Aid of West Virginia as its West Virginia grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in West Virginia · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.