# W. Va. Code § 46A-6-107: Disclaimer of warranties and remedies prohibited

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S107

## Section

- **Citation:** W. Va. Code § 46A-6-107
- **Heading:** Disclaimer of warranties and remedies prohibited
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 46A / Article 6 / Section 107

## Text

(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:

(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.

(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:

(1) Is in writing;

(2) Is conspicuous and is in plain language;

(3) Identifies with particularity the disclosed defect or malfunction, if any, in the used manufactured home for which the warranty is to be waived;

(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;

(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;

(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

(7) Is signed by both the consumer and the merchant before the sales contract is executed.

For 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.

## Nearby sections

- [W. Va. Code § 46A-6-101 §46A-6-101. Legislative declarations; statutory construction.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S101.md)
- [W. Va. Code § 46A-6-102 §46A-6-102. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S102.md)
- [W. Va. Code § 46A-6-103 §46A-6-103. Rules and regulations.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S103.md)
- [W. Va. Code § 46A-6-104 §46A-6-104. Unlawful acts or practices.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S104.md)
- [W. Va. Code § 46A-6-105 §46A-6-105. Exempted transactions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S105.md)
- [W. Va. Code § 46A-6-106 §46A-6-106. Private causes of action.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S106.md)
- [W. Va. Code § 46A-6-107 §46A-6-107. Disclaimer of warranties and remedies prohibited.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S107.md)
- [W. Va. Code § 46A-6-107A §46A-6-107a. Used motor vehicles sold "as is".](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S107A.md)
- [W. Va. Code § 46A-6-108 §46A-6-108. Breach of warranty; privity abolished.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S108.md)
- [W. Va. Code § 46A-6-109 §46A-6-109. The use of plain language in consumer transactions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S109.md)
- [W. Va. Code § 46A-6-110 §46A-6-110. Solicitation or cashing of postdated checks; penalties.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S110.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C46A_A6_S107. Check the current official text before relying on it. Not legal advice.