W. Va. Code § 46B-1-1
Short title
This chapter shall be known and may be cited as the "West Virginia Consumer Goods Rental Protection Act".
West Virginia Code Chapter 46B — Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements
West Virginia · statute · W. Va. Code ch. 46B · 45 active provisions
W. Va. Code § 46B-1-2
Scope
This chapter applies to any transaction, regardless of form, which creates a rental agreement for the rental of consumer goods, unless such transaction is specifically exempted from the application of this chapter by an express provision contained herein.
W. Va. Code § 46B-1-3
Applicability of the law of this state
With respect to consumer goods rented to a resident of this state under a rent-to-own agreement, compliance and the effect of compliance or noncompliance with the provisions of this chapter are governed by the law of this state.
W. Va. Code § 46B-1-4
Legislative purpose and intent
The underlying purposes and intent of this chapter are as follows: (1) To simplify and clarify the law governing contracts for the rental of consumer goods; (2) To assure an adequate means for consumers to enter into contracts for the rental of consumer goods at an affordable price, so that consumers are financially ab…
W. Va. Code § 46B-1-5
General definitions
The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, unless the context in which such words or phrases are used elsewhere in this chapter clearly requires a different meaning: (1) "Agricultural purpose" means a purpose related to the producti…
W. Va. Code § 46B-2-2
Unconscionability
(a) If the court as a matter of law finds a rental agreement or any clause of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, or it may enforce the remainder of the rental agreement without the unconscionable clause, or it may so limit the ap…
W. Va. Code § 46B-2-3
Express warranties
(a) Express warranties by the dealer are created as follows: (1) Any affirmation of fact or promise made by the dealer to the consumer which relates to the consumer goods is part of the basis of the bargain and creates an express warranty that the consumer goods will conform to the affirmation or promise; (2) Any descr…
W. Va. Code § 46B-2-4
Implied warranty of merchantability
(a) A warranty that the consumer goods will be merchantable is implied in every contract for the rental of consumer goods if the dealer is a merchant with respect to consumer goods of that kind. (b) Consumer goods to be merchantable must be at least such as: (1) Pass without objection in the trade under the description…
W. Va. Code § 46B-2-5
Implied warranty of fitness for particular purpose
If the dealer, at the time the rental contract is made, has reason to know of any particular purpose for which the consumer goods are required and that the consumer is relying on the dealer's skill or judgment to select or furnish suitable consumer goods, there is in the rental contract an implied warranty that the con…
W. Va. Code § 46B-2-6
Manufacturers' warranties; transfer of warranties
When consumer goods that are subjects of a rent-to-own transaction are warranted by a manufacturer's or supplier's warranty or other warranty that may either be retained by the dealer or transferred to the consumer, the warranty shall be retained by the dealer so long as the dealer is responsible for maintaining the co…
W. Va. Code § 46B-2-7
Disclaimer of warranties and remedies prohibited
(a) Notwithstanding any other provision of law to the contrary with respect to consumer goods which are the subject of or are intended to become the subject of a rental contract subject to the provisions of this chapter, all warranties available to the consumer, express or implied, are cumulative and not exclusive, and…
W. Va. Code § 46B-2-8
Third-party beneficiaries of express and implied warranties
A warranty to or for the benefit of a consumer under this chapter, whether express or implied, extends to any natural person who is in the family or household of the consumer or who is a guest in the consumer's home if it is reasonable to expect that such person may use or be affected by the consumer goods and who is i…
W. Va. Code § 46B-2-9
Risk of loss
Risk of loss is retained by the dealer and does not pass to the consumer until such time as the consumer receives the goods.
W. Va. Code § 46B-3-1
Default; procedure
(a) Whether the dealer or the consumer is in default under a rental contract is determined by the rental agreement and this chapter. (b) If the dealer or the consumer is in default under the rental contract, the party seeking enforcement has rights and remedies as provided in this chapter and, except as limited by this…
W. Va. Code § 46B-3-2
Notice after default
Except as otherwise provided in this chapter, the dealer or consumer in default under the rental contract is not entitled to notice of default or notice of enforcement from the other party to the rental agreement.
W. Va. Code § 46B-3-3
Termination of rent-to-own agreements
(a) Upon the termination of a rent-to-own agreement by a consumer, all obligations that are still executory by both parties are discharged, but any right based on a failure of the dealer to maintain the consumer goods in accordance with the provisions of section six of this article, or any other right based on prior de…
W. Va. Code § 46B-3-4
Reinstatement of written rental agreement
(a) The consumer may reinstate the transaction at any time until the consumer is served, in a manner pursuant to rule four of the rules of civil procedure, with a civil complaint arising out of the transaction. (b) When a consumer fails to timely make one or more periodic payments, he or she may reinstate the original…
W. Va. Code § 46B-3-5
Consumer's right to ownership of the goods
When the consumer has paid all periodic payments required by a rent-to-own transaction together with any other charges authorized by law which have been lawfully imposed in the transaction, he or she shall have exclusive ownership of the goods: Provided, That the consumer, after the initial payment, may obtain ownershi…
W. Va. Code § 46B-3-6
Maintenance of goods
A dealer shall maintain the goods that are the subject of any rent-to-own transaction in working order and usable condition until such time as the consumer obtains ownership of the goods.
W. Va. Code § 46B-3-7
Disclosure requirements
(a) The dealer shall make all disclosures required by this section. (b) In all circumstances listed in subsection (c) of this section, the dealer shall disclose the following information with respect to the goods that are the subject of the rental agreement in a clear, conspicuous, and easily understood manner: (1) Ret…
W. Va. Code § 46B-3-8
Prohibitions for rent-to-own transactions
No dealer may: (1) Require any initial payment in any transaction except the payment for the first rental period, deposit fee, taxes, insurance or delivery fees and other disclosed fees or fees authorized by this chapter; (2) Charge any fee at the time ownership of the consumer goods passes to the consumer, other than…
W. Va. Code § 46B-3-9
Limitations on charges and fees
(a) Any consumer seeking to fulfill obligations pursuant to §46B-3-5 of this code may be charged a fee no greater than the retail value divided by the total of payments multiplied by the amount of the periodic payments which have not yet become due. (b) A dealer may not charge a fee for delivery or pickup unless the ch…
W. Va. Code § 46B-3-10
Attorney general; promulgation of rules
The Attorney General may adopt, amend and repeal such reasonable rules and regulations, in accordance with the provisions of chapter twenty-nine-a of this code, as are necessary and proper to effectuate the purposes of this chapter and to prevent circumvention or evasion thereof. In addition, the Attorney General shall…
W. Va. Code § 46B-4-1
Extortionate conduct in rent-to-own transaction
If the court finds as a matter of fact that it was the understanding of the dealer and the consumer at the time a rental agreement for a rent-to-own transaction was made that delay in making a payment could result in the use of violence or other criminal means to cause harm to the person, reputation or property of any…
W. Va. Code § 46B-4-2
Referral sales or leases
With respect to a rent-to-own transaction, the dealer may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the consumer as an inducement for a sale or lease in consideration of his giving to the dealer the names of prospective purchasers or consumers, or otherwise aiding the deal…
Page 1 of 2Next →