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.