WV law protects consumers from unknowingly buying flood-damaged cars

With potential for vehicles damaged in the June floods to show up on the market, West Virginia consumers can take solace in knowing state law requires auto dealers to provide warranties on vehicle sales, and prohibits selling vehicles that have been submerged without a salvaged title.

However, as Charleston public interest lawyer Dave McMahon noted, that would have been very different had the Legislature passed legislation allowing automobile dealers to sell vehicles “as is.”

“With current law, if you buy a vehicle and it ends up having problems because of it, you get your money back,” he said of flood-damaged vehicles. “With ‘as is,’ you’re stuck with it, unless you specifically asked, ‘Was it in the flood?’ and the dealer lied to you.”

McMahon said “as is” legislation — which would give auto dealers the option to sell older, higher mileage cars without any warranty or consumer protection — is a perennial at the Legislature.

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