Senate Bill No. 128
(By Senators Anderson, Helmick, Ross and Sharpe)
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[Introduced January 27, 1994; referred to the Committee
on the Judiciary.]
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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 motorvehicle 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.