WEST virginia legislature
2016 regular session
Senate Bill 106
By Senator Trump
[Originating in the Committee on the Judiciary; reported on February 23, 2016]
A BILL to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers of warranties with respect to goods which are the subject of, or are intended to become the subject of, a consumer transaction; permitting exclusion, modification or limitation of warranty upon sale of manufactured home under certain circumstances; permitting consumer to waive a warranty as to a particular defect or malfunction which dealer has disclosed; and setting requirements for waiver to be effective.
Be it enacted by the Legislature of West Virginia:
That §46A-6-107 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6. GENERAL CONSUMER PROTECTION.
§46A-6-107. Disclaimer of warranties and remedies prohibited.
Notwithstanding any other provision of law to the
contrary Except in the case of certain used manufactured homes as
otherwise provided in this section, with respect to goods which are the
subject of or are intended to become the subject of a consumer transaction, no
merchant shall may:
(1) Exclude, modify or otherwise attempt to limit any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose; or
(2) Exclude, modify or
attempt to limit any remedy provided by law, including the measure of damages
available, for a breach of warranty, express or implied, except as provided
in subsection (b) of this section, relating to the sale of used manufactured
Any such exclusion, modification or attempted limitation shall be
(b) A consumer who purchases a used manufactured home may waive a warranty as to a particular defect or malfunction which the dealer has disclosed in writing to the consumer if the manufactured home is more than four years old from its date of production and has been in use by any person longer than three years. The waiver is not effective unless the waiver:
(1) Is in writing;
(2) Is conspicuous and is in plain language;
(3) Identifies the particular disclosed defect or malfunction in the used manufactured home for which the warranty is to be waived;
(4) Describes any additional defects or malfunctions, if any, which have been disclosed to the dealer by a previous owner of the used manufactured home, or are discoverable by the dealer through an inspection of the used manufactured home at the time of sale;
(5) States what warranty, if any, applies to any disclosed defect or malfunction; and
(6) Is signed by both the consumer and the dealer before the sales contract is executed.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.