Area of Law:
If you have a new car that seems to need endless repairs, your car may be a lemon. Fortunately, Texas provides a legal remedy to consumers if their automobile does not meet reasonable standards of quality and performance. This legal remedy is referred to as the lemon law. The lemon law Dallas was enacted to protect you from the breach of the vehicle’s warranty by the manufacturer and to provide you with an opportunity to return the vehicle if repairs do not make the car functional. In addition to the state of Texas, the federal government has enacted lemon laws as well. The federal lemon law is referred to as the Magnuson-Moss Warranty Act, and it protects individuals of all states.
The lemon law Dallas applies when an issue arises with your vehicle that the manufacturer is unwilling to repair, or if numerous repairs have failed to fix the problem. If the manufacturer does not honor the warranty, you can file a complaint against the manufacturer with the Texas Department of Motor Vehicles, stating the lemon laws of Texas as the basis for your complaint.
The lemon law of Dallas applies to new cars, trucks, motor homes, ATVs and motorcycles. If you own a used vehicle, the lemon law Dallas may apply to your vehicle if the vehicle is still under the manufacturer’s original warranty. In addition, the vehicle must be either purchased or leased from a Texas licensed dealership to be protected by the lemon laws of Texas.
Texas law recognizes three tests to determine whether your vehicle is a lemon. First, if you have sought repairs for your vehicle twice for the same problem within the first 12 months or 12,000 miles of ownership and you take the vehicle for repairs for the same issue twice more within the 12 months or 12,000 miles after the first repair attempt and your vehicle still has problems, your vehicle may satisfy the four times test and may be declared a lemon. In addition, if you take your vehicle to repair a major safety issue on the vehicle twice within 24,000 miles or 24 months, whichever occurs first, and your vehicle is still not repaired, the vehicle may satisfy the serious safety hazard test and may be declared a lemon. Finally, if your car is out of service for a total of 30 days or more during the first 24 months or 24,000 miles and two repair attempts were made within the first 12,000 miles and a substantial issue still exists, you may pass the 30 day test and your vehicle may be declared a lemon.
You must file a lemon law complaint with the Texas Department of Motor Vehicles within six months of the expiration of the dealer’s warranty, or within 24 months or 24,000 miles from the date you received the vehicle. The Texas Department of Motor Vehicles charges a $35.00 filing fee for complaints about new vehicles.
The automobile’s warranty can be very confusing and it is best to seek legal assistance to determine if your automobile’s repairs are included as part of the warranty. Therefore, consider hiring a Dallas attorney experienced in lemon law Dallas to assist you with any legal action you choose to take against the car’s manufacturer. If you have questions about your legal rights and you need help finding an attorney in Dallas, contact the State Bar of Texas http://en.wikipedia.org/wiki/State_Bar_of_Texas. Also, you can find additional information about the lemon law Dallas by visiting the Better Business Bureau’s website http://www.bbb.org/us/texas-lemon-law/.