West Virginia Lemon Law Case Argued at State Supreme Court

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WCHS reports that the Supreme Court in West Virginia has been asked to stop a lower court from proceeding with a lemon law case. The case involves a couple who purchased a Mercedes-Benz SUV model year 1999 from a dealer in late 1998. The vehicle was later included in a class action lawsuit that was filed in federal court in Pennsylvania due to an oil problem with the vehicles. The settlement of the lawsuit extended the vehicle’s warranty to 10 years or 150,000 miles.

Approximately 10 years after purchasing the vehicle, the couple reported problems with it, and alleged that Mercedes-Benz did not honor the extended warranty, forcing them to file a complaint under West Virginia’s lemon law. The auto manufacturer claims to have found nothing “out of the ordinary wrong” with the vehicle, and alleged that the county circuit court did not have jurisdiction due to the prior class action settlement in federal court.

Recently, an attorney for Mercedes argued before the West Virginia Supreme Court, saying that any problem with the prior settlement should be filed in federal court in Pennsylvania. However, a county circuit judge ruled that the local court does have jurisdiction over the complaint. Now, the state Supreme Court has been asked to overturn the decision. The couple’s attorney has argued that they are able to file a lawsuit under the state’s lemon law since the warranty was not honored. The attorney for the auto manufacturer alleges the couple should not be granted a full-value lemon law buyback since the vehicle was 10 years old and had over 124,000 miles when the couple filed the complaint. It is expected that the West Virginia Supreme Court will release a written opinion in the next few months.

As this case shows, lemon law can be incredibly complex, and there are many factors that impact whether you will be able to qualify for a refund or a replacement vehicle under your state’s lemon law. If you have purchased a vehicle in California that has required multiple repairs for the same defect, contact Howard D. Silver, a lemon law lawyer in Los Angeles. Mr. Silver can help you determine whether your vehicle is a lemon and advise you on your legal options. Call (855) 341-2611 today.

 

Posted Date: 
Wednesday, February 18, 2015
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