Texas Lemon Law
Texas has robust consumer protection laws. If you are a Texan who has purchased a defective vehicle, there’s a good chance you can get justice. Here’s a summary of the law:
New cars: Yes
Used cars: No
Business vehicles: Yes
Leased vehicles: Yes
Lemon law period: 2 years/24,000 miles
What is a Lemon Car Under Texas Law?
Texas lemon law covers virtually every new and demonstrator vehicle with two or more wheels designed for highway use. Towable recreational vehicles are also covered, providing they are titled and registered in Texas. The lemon law covers vehicles for two years from the original delivery date of the vehicle or 24,000 miles, whichever comes first. However, in order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety, or value of the vehicle
- Has been taken in four times for the same problem or has been out of service for a cumulative total of 30 days, providing that two repair attempts were made within the first year after delivery or 12,000 miles
- If the problem is a serious safety hazard, it has been taken in two times for the same problem, providing that one repair attempt was made within the first year after delivery or 12,000 miles
- The manufacturer has been notified in writing of the defect before the warranty expires and gives the manufacturer a final opportunity to repair the problem
Texas Revised Civil Statutes, Articles 4413(36), Section 6.07 is the state’s lemon law.
Getting Lemon Justice: Texas Lemon Law Relief
Texas lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- License fees
- Registration fees
- Alternate transportation
- Telephone calls and postage
- Meals and lodging
- Loss or damage to personal property
- After-purchase accessories
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle. This is calculated by first dividing the number of miles on the odometer at the first repair attempt by 120,000 and multiplying that by the purchase price. That number is then multiplied by 150%.
Pursuing a TX Lemon Law Claim
If you want to pursue a claim under Texas’s lemon law, you must first send a notification to the manufacturer and give them one final attempt to fix the problem. Send your letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
You must also participate in the Department of Transportation’s informal dispute resolution process before you are eligible to file a lemon law claim in court. You need to file a lemon law complaint within six months of the expiration of your vehicle’s warranty, two years of the delivery date of the vehicle, or 24,000 miles on the odometer, whichever comes first.
Either you or the manufacturer can challenge a hearing examiner’s decision in a state district or appellate court.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 12,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a Texas lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.