What is the Lemon Law in Texas?
In the state of Texas, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the Texas Lemon 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.
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Does the Texas Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the Texas Lemon Law.
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%.
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.
Hiring a Lemon Law Lawyer in Texas
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 15,000 people recover more than $35 million.
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.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
Your Lemon Law Legal Rights
Think you have a lemon? Sit back and let the experts work out your lemon case at no cost to you. The law makes car manufacturers pay legal fees. You may be able to get your lemon out of your life. Every year, auto manufacturers buy back, replace or pay cash settlements to thousands of ‘lemon’ owners like you.
Who are we? We are Lemberg Law, a Consumer Law Firm
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I purchased a 2021 Chevy Silverado in March 2021. In September 2021 they had to replace two injectors and a few days later they had to replace 8 lifters and had the truck for over 30 days In February 2022 there was a problem with the radio and phone buttons. On May 4, the truck was back in the shop for the same problem we had in 2021. On Thursday I was told the computer cleared with no errors. I had to go back on Friday and they replace 4 injectors and the problem was solved. I didn’t even get home before the problem started up again. I went back this morning and now they are going to replace the other lifters on the over side of the engine. Not sure how long they will have the vehicle. The mileage is a little over 37,000 miles. Just checking to see if I might qualify for the Lemon Law. I read somewhere that is was 2 years and 24,000 miles.
I bought a 2021 Thor RV from DeMontron RV in Conroe, Texas .I took a trip to South Dakota in July and experienced numerous problems with the vehicle including a slide rattle in the Body that appears to be I think a safety issue. It has been in the shop since late July and the shop foreman has told me they can’t fix it. A Thor factory representative called to touch base with me and discussed the problem “but” had no solution.I have had to cancel rental RV parks space that I had reserved for travel because they can’t repair issues with this RV!
I seem to have legal issues about a vehicle that I just purchased actually four and a half days ago I you said I noticed they’re tremendous amount of oil thrown all over the sides of the car and under the engine it started rattling making noises we’re very concerned. What’s going on and I might need some assistance so I’m looking into the Lemon Law