Purchasing a new vehicle is a significant investment, and as a consumer, you deserve a vehicle that operates reliably and safely. Unfortunately, some vehicles come with defects that affect their performance and value. In Texas, the Lemon Law offers protection to consumers facing ongoing issues with defective vehicles.
What Is the Texas Lemon Law?
The Texas Lemon Law, found under Section 6.07 and other relevant statutes, is designed to help consumers who purchase new vehicles with serious defects. The law requires manufacturers to repair, replace, or refund vehicles that fail to meet their express warranty after a reasonable number of repair attempts.
Texas Lemon Law applies to new motor vehicles, including cars, trucks, motorcycles, and RVs, but does not cover used vehicles or those used primarily for commercial purposes.
Filing a Complaint Under Texas Lemon Law
According to Section 3.08(i), if your vehicle has a defect that is covered under the manufacturer’s warranty, you can file a written complaint to the dealer, manufacturer, or distributor. This written notice must specify the defects and give the manufacturer an opportunity to resolve the issue. If the defect is not resolved, you can send a copy of your complaint to the Texas Department of Motor Vehicles, which will schedule a hearing if necessary.
What Constitutes a Lemon?
Under Texas Lemon Law Section 6.07, a vehicle is considered a lemon if it has a defect that substantially impairs the vehicle’s use, market value, or safety, and the defect cannot be repaired after a reasonable number of attempts. A reasonable number of attempts is defined as:
- Four or more failed attempts to repair the same defect within the first 12 months or 12,000 miles of ownership.
- Two or more repair attempts for a serious safety defect within the first 12 months or 12,000 miles.
- The vehicle has been out of service for 30 or more days due to repair issues within the first 24 months or 24,000 miles.
If your vehicle meets any of these criteria, you may be entitled to a replacement vehicle or a refund of the purchase price, minus a reasonable allowance for use.
Manufacturer’s Responsibility to Repair
Manufacturers are required to make repairs necessary to bring the vehicle into compliance with the express warranty. This obligation exists even if the repairs are made after the warranty expires, provided that the defect was reported during the warranty period, as outlined in Section 6.07. If the manufacturer is unable to repair the defect after a reasonable number of attempts, they must either replace the vehicle or refund the purchase price, including taxes and fees.
Refund or Replacement
If the manufacturer cannot fix the vehicle, they must offer one of the following remedies:
- Replacement: The manufacturer will provide a comparable new vehicle.
- Refund: The manufacturer will refund the full purchase price, including sales tax, license, and registration fees, minus a reasonable deduction for the consumer’s use of the vehicle.
According to Texas Lemon Law, a reasonable deduction for use is based on the mileage driven before the first report of the defect.
Important Consumer Protections
Texas Lemon Law also includes protections against manufacturers shifting liability to dealers. If a vehicle is replaced or refunded, the manufacturer cannot force the dealer to pay for the refund unless the dealer contributed to the defect.
Additionally, Section 7.01 of the Texas Lemon Law allows for judicial review. If you are dissatisfied with the outcome of the administrative process, you have the right to appeal the decision in a district court.
Filing a Civil Action
If the Texas DMV does not resolve your complaint within 150 days, you have the right to file a civil lawsuit under Section 6.07. The court may order the manufacturer to replace or refund the vehicle, and you may also be entitled to recover attorney fees.
Contact the Auto Lemon Lawyer – Kevin R. Duck
If you believe you have purchased a defective vehicle under Texas Lemon Law, you need an experienced attorney by your side. Kevin R. Duck, the Auto Lemon Lawyer, has over 30 years of experience fighting for consumers. He has successfully handled complex consumer litigation and multi-district cases, recovering millions of dollars for his clients.
By choosing Kevin R. Duck, you are choosing a dedicated advocate who will work tirelessly to navigate the complexities of Texas Lemon Law and secure the justice you deserve. Contact us today for a consultation and let us help you get the most out of Texas’s strong consumer protections.
Over the past 30 years, I have been devoted to standing up for consumers, tackling intricate class action consumer litigations, handling complex multi-district cases, and recovering millions of dollars for my Lemon Law clients. Being admitted in District Courts in Louisiana, Texas, California, Michigan, Florida, and Indiana, my practice has led me to represent clients all over the United States in my Lemon Law cases. Regardless of your location, my firm is committed to offering the highest level of professional support, especially in Lemon Law.