H. B. 4371

(By Delegates Walker, Butcher, Barill and Barker)

[Introduced February 1, 2012; referred to the

Committee on Roads and Transportation then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6A-3b, relating to selling classic and antique motor vehicles in “as is” condition.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §46A-6A-3b, to read as follows:

ARTICLE 6A. CONSUMER PROTECTION--NEW MOTOR VEHICLE WARRANTIES.

§46A-6A-3b. Dealer may sell a classic and antique motor vehicle in                “as is” condition.

    All authorized dealers of used motor vehicles may sell classic and antique motor vehicles in "as is" condition. A classic or antique motor vehicle sold in "as is" condition has neither an expressed nor an implied warranty attached and the dealer is not responsible for correcting any defect or condition which substantially impairs the use or market value of the motor vehicle to the consumer.

    NOTE: The purpose of this bill is to permit dealers to sell classic and antique motor vehicles in “as is” condition. The bill also provides that such a vehicle has neither an expressed nor an implied warranty attached.

    This section is new; therefore, it has been completely underscored.