The Manufacturer's Response in a West Virginia Lemon Law Claim

Once you put a manufacturer on notice, its response shapes the rest of a West Virginia lemon-law claim. Two West Virginia features make this stage especially important: the mandatory opportunity to cure and the WVCCPA cure-offer regime.

The opportunity to cure

Because the presumption requires that the manufacturer had at least one opportunity to cure (§ 46A-6A-5(3)), expect the manufacturer to direct the vehicle to a dealer (sometimes with a factory technical representative) for a final repair. Cooperate — but:

• Keep the repair order documenting the visit and result.
• Count the days toward the 30-calendar-day tally if it stays out of service.
• A failed cure attempt strengthens your presumption.

The WVCCPA cure offer — read it carefully

Separately, under WVCCPA § 46A-6-106(c), a seller or manufacturer may make a written cure offer. This has a real fee consequence:

• If you reject the offer and ultimately recover no more than its value, you generally cannot recover attorney fees and costs incurred after the offer.
• So evaluate any cure offer against your realistic damages (refund or diminished value + repair costs + loss of use/annoyance + likely fees). Accepting a fair offer — or being confident you’ll beat it — is what protects fee recovery.

Have counsel assess a cure offer before rejecting it.

Common manufacturer responses

• Successful cure — if the defect is genuinely fixed, the claim may resolve.
• Another “no problem found” — adds to your attempt count if you reported the defect.
• Goodwill offer (extended warranty, partial credit) — often below a full refund.
• Formal cure offer under § 46A-6-106(c) — triggers the fee analysis above.
• Buyback / replacement offer — the target outcome under § 46A-6A-3/-4.

Common defenses

Expect the manufacturer to argue:

• The defect does not substantially impair use or value.
• The problem resulted from abuse, neglect, or unauthorized modification.
• The consumer failed to give written notice or an opportunity to cure (defeating the presumption).
• The defect was fixed within a reasonable number of attempts.

Clean documentation — consistent defect descriptions, proof of notice and cure, authorized-dealer repairs only — defeats these.

Bottom line

Cooperate with the cure opportunity (it’s a presumption prerequisite), but treat any WVCCPA cure offer as a decision point with fee consequences. Document the manufacturer’s responses, and let a failed cure strengthen your presumption. Get a free case review before rejecting a cure offer.

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