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Introduced Version House Bill 4309 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4309


(By Delegates Martin, Campbell and Riggs)
[Introduced February 1, 1994; referred to the
Committee on the Judiciary.]




A BILL to amend article six-a, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-b, relating to the circumstances necessary for a dealer to sell a motor vehicle in "as is" condition.

Be it enacted by the Legislature of West Virginia:

That article six-a, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-b, to read as follows:
ARTICLE 6A. CONSUMER PROTECTION - - NEW MOTOR VEHICLE WARRANTIES.

§ 46A-6A-3b. Circumstances necessary for dealer to sell a motor vehicle in "as is" condition.

Beginning the first day of July, one thousand nine hundred ninety-four, all authorized dealers of new or used motor vehicles may sell the motor vehicles in "as is" condition if the motor vehicle is sold for two thousand dollars or less, or the motor vehicle has been driven one hundred thousand miles or more.

A motor vehicle sold in "as is" condition has neither an expressed nor an implied warranty attached and the dealer shall not be 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 give a new or used car dealer the option of selling a car in "as is" condition if the car is sold for $2,000.00 or less or if the car has 100,000 miles or more.

§46A-6A-3b is new; therefore, strike-throughs and underscoring have been omitted.
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