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WV Code § 46B-1-4 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 1. General Provisions; Purpose and Intent; Definitions|§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 able to comply with the terms of such contracts;(3) To further consumer understanding of the terms of agreements which involve the purchase or rental of consumer goods;(4) To foster competition among dealers or rent-to-own dealers who supply consumer goods under rental agreements, so that consumers may rent such consumer goods at a reasonable cost;(5) To protect consumers against unfair practices by some dealers, while having due regard for the interests of legitimate and scrupulous dealers; and(6) To permit and encourage the development and use of fair and economically sound business practices on the part of dealers, as well as promoting the practice of thrift and the exercise of good judgment by consumers prior to their entering into agreements for the purchase or rental of consumer goods.
WV Code § 46B-2-1 (2021)
2021 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 be rented. Any purported rent-to-own agreement entered into without a written agreement may be voided by the consumer, who may return the consumer goods and be refunded all amounts previously paid to the dealer under the purported rental agreement.(b) A rental agreement is not enforceable by a dealer against a consumer unless the written agreement contains all disclosures required by the provisions of this chapter, and unless a copy of the written agreement is delivered to the consumer contemporaneously with the execution of the written agreement. Any written agreement executed by a consumer which does not comply with the requirements of this subsection may be voided by the consumer.(c) The fair market value for any single item which is the subject of a rent-to-own agreement may not be more than $10,000.
WV Code § 46B-2-2 (2021)
2021 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-2-2. 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 application of any unconscionable clause as to avoid any unconscionable result.(b) With respect to a consumer rental agreement, if the court as a matter of law finds that a rental agreement or any clause of a rental agreement has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a rental agreement, the court may grant appropriate relief.(c) Before making a finding of unconscionability under subsection (a) or (b) of this section, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or clause thereof, or of the conduct.(d) In an action in which the consumer claims unconscionability with respect to a rental agreement:(1) If the court finds unconscionability under subsection (a) or (b) of this section, the court shall award reasonable attorney's fees to the consumer.(2) If the court does not find unconscionability and the consumer claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney's fees to the dealer against whom the claim is made.(3) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (a) and (b) of this section is not controlling.
WV Code § 46B-2-3 (2021)
2021 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-2-3. 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 description of the consumer goods is part of the basis of the bargain and creates an express warranty that the consumer goods will conform to the description;(3) Any sample or model exhibited to the consumer by the dealer is part of the basis of the bargain and creates an express warranty that the consumer goods actually delivered to the consumer will conform to the sample or model.(b) It is not necessary to the creation of an express warranty that the dealer use formal words, such as "warrant" or "guarantee", or that the dealer have a specific intention to make a warranty, but an affirmation merely of the value of the consumer goods or a statement purporting to be merely the dealer's opinion or commendation of the consumer goods does not create a warranty.
WV Code § 46B-2-4 (2021)
2021 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-2-4. 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 in the rental agreement;(2) Are fit for the ordinary purposes for which consumer goods of that type are used; and(3) Conform to any promises or affirmations of fact made on the container or label.(c) Other implied warranties may arise from course of dealing or usage of trade.
WV Code § 46B-2-5 (2021)
2021 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-2-5. 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 consumer goods will be fit for that purpose.
WV Code § 46B-2-6 (2021)
2021 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-2-6. 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 such time as maintenance of the goods becomes the responsibility of the consumer through a transfer of ownership or otherwise, such warranty shall be transferred to the consumer. The dealer shall advise, orally and in writing, the consumer of any manufacturer's or supplier's warranty that may apply to the consumer goods and any details regarding the warranty and the transfer of the warranty.
WV Code § 46B-2-7 (2021)
2021 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-2-7. 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 shall have the benefit of any or all such warranties. No dealer, manufacturer, supplier or other merchant shall:(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) Any exclusion, modification or attempted limitation of a warranty, express or implied, shall be void. Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed as inconsistent with each other.(c) It is unlawful in a rental contract subject to the provisions of this chapter to attempt to exclude, modify or otherwise attempt to limit any implied warranty of merchantability or any part of it, or to attempt to exclude, modify or otherwise attempt to limit any implied warranty of fitness.
WV Code § 46B-2-8 (2021)
2021 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-2-8. 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 injured in person by breach of the warranty. This section does not displace principles of law and equity that extend a warranty to or for the benefit of a consumer to other persons. The operation of this section may not be excluded, modified or limited.
WV Code § 46B-2-9 (2021)
2021 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-2-9. 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.
WV Code § 46B-3-1 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§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 chapter, as provided in the rental agreement.(c) If the dealer or the consumer is in default under the rental contract, the party seeking enforcement may reduce the party's claim to judgment or otherwise enforce the rental contract by self-help or any available judicial procedure or nonjudicial procedure: Provided, That consumer goods may only be repossessed by a dealer without judicial process when such repossession can be effected without a breach of the peace.(d) Except as otherwise provided in this chapter or the rental agreement, the rights and remedies referred to in subsections (b) and (c) are cumulative.
WV Code § 46B-3-2 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§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.
WV Code § 46B-3-3 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§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 default or performance of the dealer survives, and the consumer retains any remedy or defense for such default. Rights and remedies available to the consumer for material misrepresentation or fraud by a dealer are not affected by a termination of the rental agreement by a consumer. Termination of the rental agreement by a consumer shall not bar or be deemed inconsistent with a claim for damages or other right or remedy.(b) A consumer may terminate a rent-to-own agreement at any time.(c) When a consumer terminates a rent-to-own transaction, the dealer may not require any further action or payment by the consumer except:(1) Payment of any unpaid periodic payments and charges accrued before the consumer notified the dealer of the termination of the transaction and made the consumer goods available to be received by the dealer; and(2) Payment of any pickup charge provided for in the rental agreement.(d) A dealer may terminate a rent-to-own agreement when the consumer fails to make a periodic payment as it becomes due: Provided, That seven days prior to terminating the rent-to-own agreement, the dealer shall provide a written notice to the consumer informing him or her:(1) Of the amount of any periodic payment or payments that the consumer has failed to make;(2) That the consumer may voluntarily surrender possession of the goods to the dealer at the location where the goods are located;(3) Of any late payment which has been or may be assessed;(4) Of the right to reinstate which shall include:(A) The consumer's right to reinstate the agreement by payment of amounts due when the goods are in the possession of the consumer;(B) The amount of time when the consumer has to reinstate the agreement;(C) That reinstatement will result in continuation of the original agreement, including the provisions relating to ownership of the goods; and(D) The amount of fees to be paid for reinstatement.(e) The dealer may request that the goods be surrendered at any time after a consumer has failed to timely make a periodic payment required under the agreement.(f) A rent-to-own agreement terminates when the consumer surrenders the goods. The dealer shall provide the consumer with a notice of reinstatement rights as stated in subdivision (4), subsection (d) of this section.
WV Code § 46B-3-4 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§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 rent-to-own transaction, without losing any right or option of the consumer under the rental-purchase agreement, within sixty days after the expiration of the last period for which the consumer made a timely payment: Provided, That if a consumer has made more than forty percent of the regular payments required to obtain ownership of the goods, pursuant to the rent-to-own transaction, the consumer shall have ninety days to reinstate a rent-to-own transaction: Provided, however, That when a dealer seeks to repossess the goods and has lawfully repossessed the goods two previous times during the same transaction, the consumer may not reinstate the transaction.(c) If reinstatement occurs pursuant to this section, the dealer shall provide the consumer with the same goods leased by the consumer prior to the reinstatement or if those goods are not available to the dealer, substitute property that is of no less quality and condition. When substitute property is provided, the dealer shall make all disclosures required by this chapter. When consumer goods have been repossessed or returned to the possession of the dealer prior to reinstatement, the dealer may charge a nominal reinstatement fee, not to exceed $5.
WV Code § 46B-3-5 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§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 ownership before the scheduled end of the rent-to-own transaction by paying:(1) A portion of the periodic payments, which have not yet become payable, subject to any limitation provided by this chapter;(2) All periodic payments and other charges authorized by law which have already become due and which may be lawfully imposed in the transaction; and(3) The amount of any documentary or other fee charged by a governmental entity to transfer ownership or proof of ownership.
WV Code § 46B-3-6 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§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.
WV Code § 46B-3-7 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§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) Retail value;(2) Rent-to-own charge;(3) Rental period;(4) Number of periodic payments required for ownership;(5) Amount of each periodic payment;(6) Total of all payments; and(7) Whether the goods are new or have been previously rented or are otherwise used.(c) The dealer shall make the disclosures required in this section:(1) On a label attached or posted on top of the goods displayed to any potential consumer;(2) In any rent-to-own agreement as defined in section five, article one of this chapter;(3) In any telephone communication with a potential consumer; and(4) In any radio, television or printed advertisement for the goods when the amount of the periodic payment for the item is included in the advertisement.(d) Any oral communications concerning the terms and conditions of the transaction shall be incorporated into a written agreement which shall govern the transaction.(e) In any transaction involving more than one dealer, only one dealer may make the disclosures required by this article: Provided, That when the name of the dealer is required to be disclosed, all dealers shall be disclosed.(f) A dealer may disclose information that is not required by this section only when the additional information is not stated, used or placed in a manner that may contradict, obscure or distract attention from the information required by this section.
WV Code § 46B-3-8 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§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, 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 an applicable fee, if any, which actually is or will be paid to public officials for perfecting title or ownership in the consumer;(3) Raise the amount of any payment or charge after the execution of the written agreement without both parties voluntarily entering into a second written agreement;(4) Take any action to collect a payment which is prohibited by this chapter;(5) Accept any cosigner other than a person who is in the household of the consumer and who is expected to use the consumer goods;(6) Take any security interest in any property owned by the consumer;(7) Require a damage waiver, insurance or form of insurance, insuring the consumer goods against loss or damage, unless the dealer requires such insurance for all goods of comparable type and value in every rent-to-own agreement;(8) Require damage waiver from a particular insurer;(9) Seek to collect any charge not authorized by this chapter and disclosed in a written agreement; or(10) Have an initial period which is more than one week longer than any other rental period.
WV Code § 46B-3-9 (2021)
2021 West Virginia Code|Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-to-Own Agreements|Article 3. Default|§46B-3-9. Limitations on Charges and Fees

(a) Any consumer seeking to fulfill obligations pursuant to section five of this article 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 charge is provided for in the written agreement, the parties agree that the dealer shall deliver or pick up the goods; and the charge is reasonably related to the costs of delivery: Provided, That no delivery or pick up charge may be assessed in any transaction when the transaction took place in any place other than the premises of the dealer.(c) Any late fee imposed by a dealer may not exceed five percent of the periodic payment or $15, whichever is less. Only one late charge may be imposed for any payment for which a late charge may be charged. Under a rental agreement in which periodic payments are due weekly, a late charge may not be imposed until the payment is three days late. Otherwise, a late charge may not be imposed until the payment is five days late.(d) The total of payments in a rent-to-own transaction shall not be greater than two hundred forty percent of the retail value.