H. B. 2038
(By Delegates Butcher and Stowers)
[Introduced January 12, 2011; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to the prohibition of disclaimers of certain warranties and remedies with respect to certain consumer transactions; and providing certain exceptions with respect to the sale of used motor vehicles by licensed used and new motor vehicle dealers.
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; exceptions.
(a) Except as may be provided in subsection (b) of this section, notwithstanding any other provision of law to the contrary with respect to goods which are the subject of or are intended to become the subject of a consumer transaction, no merchant shall a merchant may not:
(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.
Any such exclusion, modification or attempted limitation shall be void.
(b) The provisions of subsection (a) of this section or of any other provision of this code to the contrary notwithstanding, a new or used motor vehicle dealer licensed under the provisions of article six, chapter seventeen-a of this code may sell or offer for sale any used motor vehicle having a purchase price of $1,000 or less, exclusive of loan finance charges or official fees, or having been driven seventy-five thousand or more miles, on an "as is" basis without any warranty, express or implied, if:
(1) A window sticker containing the words "to be sold as is without warranty" in print at least one inch high, is conspicuously placed on the windshield of the used motor vehicle; and
(2) The contract of sale or other document by which title of the used motor vehicle is intended to pass conspicuously states upon its face in boldface print of at least fourteen point, a separate statement that the used motor vehicle is sold on an "as is" basis and without any express or implied warranty. The statement shall also include a declaration to be separately signed by the purchaser that the purchaser clearly understands that the used motor vehicle is being sold on an "as is" basis and without warranty.
NOTE: The purpose of this bill is to permit licensed dealers of new and used motor vehicles to sell or offer for sale used motor vehicles costing $1,000 or less or having been driven seventy-five thousand or more miles on an "as is" basis and without any warranty, express or implied. The dealer would be required to post upon the windshield a conspicuous statement that the vehicle is to be sold "as is" and without warranty and the purchaser would be required to execute a statement indicating his or her knowledge of that fact.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.