CHARLESTON — The House of Delegates will consider a bill allowing West Virginia car dealers to sell some vehicles “as-is.”
The bill passed the House Finance Committee on Tuesday morning. The bill already passed the state Senate, although changes will need to be worked out.
It would allow vehicles to be sold “as-is” if it’s inoperable or a total loss or if it meets three more criteria: It’s sold for less than $4,000; it’s driven more than $100,000 miles at the time sold; and it’s seven years old.
Buyers would have the right to cancel the sale within 48 hours if there are significant mechanical issues or problems that could have been reasonably expected to have existed at the time of the sale.
Vehicles sold that way would also include a disclaimer on the front page of the sale contract.
Lobbyist David McMahon, who said he was speaking on behalf of low-income consumers, said he has lobbied against the bill for the past 30 years.
“If this bill passes you don’t get your old car back, you don’t get the down payment back, you still have to make the payments and you own the car. You’re stuck,” McMahon told the committee. “Not unless you can prove they intentionally lied to you about the car. Tough thing to do.”
Auto dealer Joey Holland, speaking for the West Virginia Automobile Association, which lobbies for car dealers, suggested the bill will make cars more affordable for those who need that most.
“This is not a bill that’s trying to prey on people who can’t afford cars. This is a bill trying to provide transportation for people instead of them going across the border, buying a car and bringing it back in,” said Holland, whose family has owned Kanawha Valley dealerships for more than 60 years.
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Holland described consumers crossing the state border to buy cheap vehicles from states that have an “as-is” law.
“This bill is truly a win-win-win for the state, certainly for the consuemr who needs lowend contribution and it’s an opportunity for the automobile dealers to sell cars, pay more B& O taxes, have sales people who can earn a living,” he said.
The House Finance Committee removed an earlier aspect of the bill that would have changed annual vehicle inspections to every two years. The State Police objected to that provision.
“I’m glad you separated this bill out,” said Delegate Doug Skaff, D-Kanawha.
Other delegates made similar comments.
“We’re not going to de-fund the State Police any more,” said Delegate Daryl Cowles, R-Morgan.
