WEST virginia legislature
2019 regular session
Senate Bill 543
Senators Blair, Roberts, and Tarr, original sponsors
[Passed March 9, 2019; to take effect July 1, 2019]
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-107a, relating to warranties as to sales of motor vehicles; providing that a used motor vehicle may be sold “as is” under certain circumstances; providing certain disclosure requirements for “as is” sales of used motor vehicles; allowing cancellation of an “as is” sale by the end of the dealer’s third business day following the sale if the vehicle has mechanical issues; providing that a consumer shall sign and date the disclosure for an “as is” sale in order for the disclosure to be effective; providing that a merchant disclose in writing certain defects or malfunctions when selling a used motor vehicle “as is”; providing that the merchant provide the consumer a copy of a nationally recognized vehicle history report for the used motor vehicle; and providing that an “as is” sale of a used motor vehicle waives implied warranties but does not waive any express warranties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6. GENERAL CONSUMER PROTECTION.
§46A-6-107a. Used motor vehicles sold “as is”.
(a) Notwithstanding the provisions of §46A-6-107 of this code, a used motor vehicle may be sold “as is” if:
(1) The vehicle is inoperable and a total loss;
(2) The vehicle has been custom built or modified for show purposes or racing; or
(3) The vehicle is the following:
(A) Sold for less than $4,000;
(B) Driven more than 100,000 miles at the time sold; or
(C) Seven years of age or older as calculated from January 1 of the designated model year of the vehicle.
(b) A buyer who purchases a vehicle “as is” that meets the criteria set out in the provisions of §46A-6-107a(a)(3) of this code shall have the right to cancel the sale by the end of the dealer’s third business day following the sale. To cancel the sale, the “as is” vehicle must have a significant mechanical issue or issues that can be reasonably expected to have existed at the time of the sale. Cancellation shall become effective when the buyer returns the “as is” vehicle to the point of sale by the end of the dealer’s third business day following the sale.
(c) For the purposes of this section, a used motor vehicle is a “total loss” only if:
(1) There is material damage to the vehicle’s frame, unitized structure, or suspension system; and
(2) The projected cost of repairing the damage exceeds the market value of the vehicle at the time of the incident causing it to be declared a total loss.
(d) If a used motor vehicle is sold “as is” pursuant to this section, a merchant shall satisfy the following disclaimer requirements:
(1) A disclaimer must appear on the front page of the contract of sale;
(2) The disclaimer shall read as follows:
THIS VEHICLE IS SOLD “AS IS”. THIS MEANS THAT YOU WILL LOSE YOUR IMPLIED WARRANTIES. YOU WILL HAVE TO PAY FOR ANY REPAIRS NEEDED AFTER THE SALE. IF WE HAVE MADE ANY PROMISES TO YOU, THE LAW SAYS WE MUST KEEP OUR PROMISES EVEN IF WE SELL “AS IS”. TO PROTECT YOURSELF, ASK US TO PUT ALL PROMISES IN WRITING. YOU MAY HAVE THE RIGHT TO CANCEL THIS SALE BY THE END OF THE DEALER’S THIRD BUSINESS DAY FOLLOWING THE SALE IF THE VEHICLE HAS SIGNIFICANT MECHANICAL ISSUE THAT CAN BE REASONABLY EXPECTED TO HAVE EXISTED AT THE TIME OF THE SALE.
(3) The text of the disclaimer must be printed in 12-point boldfaced type, except the heading, which must be in 16-point extra boldfaced type;
(4) The entire disclaimer must be boxed;
(5) The consumer shall sign and date within the box containing the disclaimer prior to the sale;
(6) The merchant shall describe in writing any defects or malfunctions, if any, disclosed to the merchant by a previous owner of the used motor vehicle or discoverable by the merchant after an inspection of the used motor vehicle; and
(7) The merchant shall provide the consumer a copy of a nationally recognized vehicle history report for the used motor vehicle.
(e) An “as is” sale of a used motor vehicle waives implied warranties, but does not waive any express warranties, either oral or written, upon which the consumer relied in entering into the transaction.
(f) The provisions of this section do not apply to motor vehicles sold as surplus by a state agency.
(g) The provisions of this section only apply to sales directly to consumers.