US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements » Article 2. Formation and Construction of Agreements for the Rental of Consumer Goods

§46B-2-1. Statute of Frauds

(a) A rental agreement is not enforceable by a dealer by way of action or defense unless there is a writing, signed by both the dealer or his agent or employee and the consumer, sufficient to indicate that a rent-to-own agreement has been made between the parties, reasonably identifying and describing the consumer goods to […]

§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 […]

§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;

§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 […]

§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 […]

§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 consumer goods. At […]

§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 the consumer […]

§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 […]

§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.