H. B. 2258
(By Delegates Butcher,
Kominar and Coleman)
[Introduced
February 16, 2001
; referred to the
Committee on 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.