Auto Lemon Law Texas

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Auto Lemon Lawyer Case Evaluation


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    Licensed Jurisdictions

    • U.S. Northern District of Texas
    • U.S. Southern District of Texas
    • U.S. Eastern District of Texas
    • U.S. Western District of Texas

    Frequently Asked Questions

    In some limited instances, the manufacturer may repurchase the vehicle. In most cases, a cash award will be the remedy.  Typically [80%] recovery is anywhere 5% to 15% of the purchase price. The range depends on the number of repairs, nature of the repairs. mileage on the vehicle and days out of service. In some instances, the damages will exceed 15% due to the extent of the defect, circumstances and days out of service.

    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.

    Why You Should Hire Auto Lemon Lawyer

    This is what we do! Mr. Duck has over 28 years of litigation experience in the field of consumer law and has successfully represented thousands of motor vehicle owners and collected millions of dollars in damages from automobile manufacturers as a result of the “LEMONS” his clients purchased.

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

    We Listen

    • Listen to your story
    • Handle your case personally
    • Return your calls
    • Be committed to your case
    • Inform and advise you about the law as it relates to your case so you can make informed decisions

    We’re Diligent

    • Properly evaluate and research your case
    • Tell you the “Good, Bad, and Ugly” about your case
    • Represent you with integrity
    • Fight for you
    • Spend the time, money, and effort it takes to obtain the best result
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    Winning Awards

    What Our Clients Have to Say

    • Law firm is very professional very attentive to my needs whenever I called Erin Farnsworth took the time to help and answer any questions or issues I had, I would recommend Kevin duck and I will use Kevin duck in the future , they got my money fast! Also I received more than I thought I would initially get thank you duck law firm especially Erin outstanding job you guys are awesome!

      mark offutt Avatar mark offutt
      June 11, 2023

      It took me almost a full year to find an attorney that was willing to help us. Duck Law Firm set my expectations from the beginning and they delivered perfectly. I was never left out of the loop, they return calls/emails very promptly and the end result was exactly what they told me to expect.

      Brayden Firmin Avatar Brayden Firmin
      July 11, 2022

      Gracias a la abogada .isaballa y asistente angela obtuve una buena recompensa por mi accidente les puedo asegurar que ella lucharan por usted 100%recomendable

      tu angelito.soyyo R. Avatar tu angelito.soyyo R.
      July 11, 2022
    • Duck Law Firm represented me when my brand new vehicle left me stranded on muliple occasions with engine problems. I am extemely pleased with Duck Law Firm and how they handled my case. They were very responsive and answered all of my questions.

      Zack Horne Avatar Zack Horne
      June 20, 2023

      Duck Law Firm helped me receive money back that I didn't know I was entitled to! When my car had to be kept at the dealership due to transmissions issues, Lemon Lawyer made sure I was taken care of financially.

      Ainsley Messina Avatar Ainsley Messina
      February 11, 2023

      The Duck Law Firm was very professional but also very personal. The ease of working with each individual was a really nice experience. Vickie was so nice & made both my wife & myself feel so comfortable & answered all our questions & then some. We highly recommend this firm for quick & great results. Thank you Duck Law Firm & Staff...

      Carroll Hayes Avatar Carroll Hayes
      July 11, 2022
    • Duck Law Firm delivers on their word. They will not leave you hanging. They are willing to take on BIG Corporations for you and get positive results.

      Melvin Carter Avatar Melvin Carter
      September 11, 2022

      Mr. Kevin, Eugene and Ms. Vicki were so helpful. Kept me updated the entire process and fought for me and got an excellent settlement back for me! More than what i would have thought! I would absolutely recommend them to anyone who needs a lemon lawyer!

      Heather Guillory Avatar Heather Guillory
      July 11, 2022

      The experience from start to finish was both pleasant and professional. The gentleman who I communicated with kept me updated on every detail of my case and ALWAYS returned my calls when promised. My case was completed in a very timely and effective manner. I am recommending Duck Law Firm to All who are experiencing problems related to the Lemon Law. Thanks Mr. Duck and Associates!

      Ulysses Frank Avatar Ulysses Frank
      July 11, 2022

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