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Update Regarding HB 2464 and WVCCPA
March 26, 2018

As we previously mentioned in our last blog post, the West Virginia Legislature passed at least three bills this past session that affect consumers or financial transactions. The first of those bills is HB 2464. HB 2464 amends Article 6 of the WVCCPA, specifically section 46A-6-107, prohibiting the disclaimer of warranties and remedies for goods that are the subject of or intended to be the subject of a consumer transaction. Amended section 46A-6-107 will include a new provision related to consumers who purchase used manufactured homes, which will permit those consumers to waive certain warranties related to the manufactured homes. Under that amendment, the consumer:

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.

The bill provides that the waiver is not effective unless it:

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 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 the used manufactured home will not be used for human habitation: Provided, the consumer shall sign or initial such provision in order to evidence the consumer’s acknowledgement thereof; and

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

The bill is currently awaiting the Governor’s signature. Check back soon for another legislative amendment to Article 6 of the WVCCPA, as well as an amendment to Chapter 31 of the West Virginia Code, related to the West Virginia Safe Mortgage Licensing Act.

Consumer Finance Tai Shadrick Kluemper