SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
SB217 SUB1 Senate Bill 217 History

OTHER VERSIONS  -  Introduced Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2017 regular session

Committee Substitute

for

Senate Bill 217

By Senator Trump

[Originating in the Committee on the Judiciary; reported on March 24, 2017]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-107a, relating to disclaimers of warranties with respect to used manufactured homes generally; providing that a consumer who purchases a used manufactured home may waive a warranty for a particular defect or malfunction which the merchant has disclosed in writing; providing waiver and disclosure requirements; and providing a definition.

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-6-107a, to read as follows:

ARTICLE 6. GENERAL CONSUMER PROTECTION.


§46A-6-107a. Disclaimer of warranties for used manufactured homes.

Notwithstanding the provisions of section one hundred seven of this article, a consumer who purchases a used manufactured home may waive a warranty for a particular defect or malfunction which the merchant has disclosed in writing to the consumer. The waiver is not effective unless the waiver:

(1) Is in writing;

(2) Is conspicuous and is in plain language;

(3) Identifies with particularity the 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, disclosed to the merchant by a previous owner of the used manufactured home or discoverable by the merchant after an inspection of the used manufactured home;

(5) States that the warranty being waived applies only to the disclosed defect or malfunction; and

(6) Is signed by both the consumer and the merchant before the sales contract is executed.

For purposes of this section, “used manufactured home” means a manufactured home, as defined in section two, article nine, chapter twenty-one of this code, that is more than four years old from its date of production and has previously been occupied, used or sold for purposes other than resale.

 

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

 

 

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print