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RV Lemon Law in Texas

Texas Lemon Law covers both motor homes and towable recreational vehicles, providing they are titled and registered in Texas. The Lemon Law covers RVs 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 RV 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

Under Texas Lemon Law, you must notify the manufacturer in writing of the problem and give them one final opportunity to repair the vehicle. Sample demand letter. 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.

Once you send in your complaint and a $35 filing fee, it will be reviewed by a Case Advisor. If your complaint is accepted, the Case Advisor will try to resolve your complaint within 30 to 60 days, through an informal mediation process. If that doesn't work, a hearing will be scheduled with the State Office of Administrative Hearings.

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
  • Towing
  • 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%.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, RV manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.

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