West Virginia Code
Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers
§17A-6A-6. Burden of Proof

For each termination, cancellation, nonrenewal or discontinuance, the manufacturer or distributor has the burden of proof by a preponderance of the evidence for showing that he or she has acted in good faith, that the notice requirement has been complied with and that there was good cause by a preponderance of the evidence for the termination, cancellation, nonrenewal or discontinuance.

Structure West Virginia Code

West Virginia Code

Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions

Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers

§17A-6A-1. Legislative Finding

§17A-6A-2. Governing Law

§17A-6A-3. Definitions

§17A-6A-4. Cancellation of Dealer Contract; Notification

§17A-6A-5. Circumstances Not Constituting Good Cause

§17A-6A-6. Burden of Proof

§17A-6A-7. Notice Provisions

§17A-6A-8. Reasonable Compensation to Dealer

§17A-6A-8a. Compensation to Dealers for Service Rendered

§17A-6A-9. Payment of Compensation

§17A-6A-10. Prohibited Practices

§17A-6A-11. Motor Vehicle Dealer Successorship or Change in Executive Management

§17A-6A-12. Establishment and Relocation or Establishment of Additional Dealers

§17A-6A-12a. Restriction on Motor Vehicle Dealer's Use of Dealership Property

§17A-6A-13. Obligations Regarding Warranties

§17A-6A-14. Acceptance of Vehicles; Risk of Loss or Damage

§17A-6A-14a. Open Account Protection

§17A-6A-15. Indemnity

§17A-6A-15a. Dealer Data, Obligation of Manufacturer, Vendors, Suppliers and Others; Consent to Access Dealership Information; Unlawful Activities; Indemnification of Dealer

§17A-6A-15b. Exports; Rebuttable Presumption on Behalf of Dealer

§17A-6A-15c. Manufacturer Performance Standards; Uniform Application; Prohibited Practices

§17A-6A-16. Actions at Law; Damages

§17A-6A-17. Injunctive Relief

§17A-6A-18. West Virginia Law to Apply