The law provides that if the buyer proves a manufacturing defect with vehicle that the manufacturer is liable for the buyers’ attorney fees. Part of our investigation and evaluation process is to identify manufacturing defects. When we proceed, we are confident we can prove a manufacturing defect. Thus, we seek our attorney fees from the manufacturer. If a settlement can be reached, the fees will be part of the settlement agreement. If the case goes to trial, the fees will be part of a verdict or order. Either way, you are not required to pre-pay fees, pay a retainer or pay fees in the event we fail to make a recovery on your behalf.

Texas laws that address motor vehicle warranties include: 2301.601- 2301.613 (“Texas Lemon Law”) 15 USC 2301, et seq. (“Magnuson-Moss Warranty Act”), Article 2 of the Uniform Commercial Code and, Texas Business and Commerce Code Section 17.01, et seq. (Texas Deceptive Trade Practices Act).

We represent consumers in federal courts pursuant to the Magnuson-Moss Warranty Act and are admitted in all Texas Federal Courts.

A rebuttable presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty is established if: the same nonconformity continues to exist after being subject to repair four or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of: the date the express warranty expires ; or 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner.

A manufacturer, converter, or distributor that is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle after a reasonable number of attempts shall reimburse the owner for reasonable incidental costs resulting from loss of use of the motor vehicle because of the nonconformity or defect and: replace the motor vehicle with a comparable motor vehicle; or accept return of the vehicle from the owner and refund to the owner the full purchase price, less a reasonable allowance for the owner’s use of the vehicle, and any other allowances or refunds payable to the owner.

The Magnuson–Moss Warranty Act is a United States federal law (15 U.S.C. § 2301 et seq.) that governs warranties on consumer products. The law does not require any product to have a warranty (it may be sold “as is”), but if it does have a warranty, the warranty must comply with this law. The law was created to fix problems as a result of manufacturers using disclaimers on warranties in an unfair or misleading manner and provides consumers with remedies for violation of express and implied warranties.

A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish: (1) the use or employment by any person of a false, misleading, or deceptive act or practice that is:(A) specifically enumerated in a subdivision of Subsection (b) of Section 17.46 of the TDTPA; and (B) relied on by a consumer to the consumer’s detriment; (2) breach of an express or implied warranty.

A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish: (1) the use or employment by any person of a false, misleading, or deceptive act or practice that is:(A) specifically enumerated in a subdivision of Subsection (b) of Section 17.46 of the TDTPA; and (B) relied on by a consumer to the consumer’s detriment; (2) breach of an express or implied warranty.