H. B. 2654
(By Delegates Butcher, Dempsey,
Kominar, Stemple, Coleman and Willis)
[Introduced February 4, 1999; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact section one hundred seven, article
six, chapter forty-six-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the prohibition of disclaimers of certain warranties and
remedies with respect to certain consumer transactions;
providing for 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 section one hundred seven, article six, chapter
forty-six-a of the code of West Virginia, one thousand nine
hundred thirty-one, 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
one thousand dollars 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 $1,000.00 or less or having been
driven 75,000 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.