{"data":{"id":"us-wv/w.-va.-code-46a-6-107","jurisdiction":"us-wv","citation":"W. Va. Code § 46A-6-107","heading":"Disclaimer of warranties and remedies prohibited.","body":"(a) Except as otherwise provided in subsection (b) of this section, with respect to goods which are the subject of or are intended to become the subject of a consumer transaction, no merchant may:\n(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\n(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.\n(b) A consumer who purchases a used manufactured home may waive the warranties of merchantability and fitness for a particular purpose, or waive a warranty as to a particular defect or malfunction which the merchant has identified and disclosed in writing to the consumer, if the used manufactured home is not being sold for human habitation: Provided, That notice be posted on the front door of the used manufactured home that it is not being sold for human habitation: Provided, however, That the waiver is not effective unless the waiver:\n(1) Is in writing;\n(2) Is conspicuous and is in plain language;\n(3) Identifies with particularity the disclosed defect or malfunction, if any, in the used manufactured home for which the warranty is to be waived;\n(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;\n(5) States that the warranty being waived applies only to the disclosed defect or malfunction, if any, to the extent the merchant intends to waive a warranty as to a specific defect;\n(6) Acknowledges that the used manufactured home will not be used for human habitation: Provided, That the consumer shall sign or initial such provision in order to evidence the consumer’s acknowledgment thereof; and\n(7) Is signed by both the consumer and the merchant before the sales contract is executed.\nFor purposes of this subsection, “used manufactured home” means a manufactured home, as defined in §21-9-2 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.","path":["CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.","ARTICLE 6. GENERAL CONSUMER PROTECTION."],"source_url":"https://code.wvlegislature.gov/46A-6-107/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:59Z","sha256":"b0444bdfacbbc51dcf2356d856f2ca78bd1345cf6b50224a1cbdf5c5be5e356b","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-46a-6-106","next":"us-wv/w.-va.-code-46a-6-107a"},"notice":"GroundRules: Original legal text. Not legal advice."}