Area of Law:
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 majority of new vehicles come with a manufacturer’s warranty assuring the purchaser that the vehicle will operate without a problem for a stated period of time or mileage. The lemon law Houston was enacted to protect you from the breach of the vehicle’s warranty by the manufacturer. In addition, the federal government has enacted lemon laws as well, referred to as the Magnuson-Moss Warranty Act, which protects individuals of all states, and may exceed the state’s law in certain instances.
The lemon law Houston only applies if a problem arises with your vehicle that the manufacturer is unwilling to repair. For example, most warranties provide that an automobile’s engine will operate without issue for the stated period of the warranty. 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. In addition, if your vehicle has undergone numerous repair attempts but still does not operate according to reasonable quality and performance, you may be able to seek relief through the lemon laws of Houston.
The lemon law of Houston applies to new cars, trucks, motor homes, ATVs and motorcycles. If you own a used vehicle, the lemon law Houston may apply to your vehicle if the vehicle is still under the manufacturer’s original warranty or if the issue arose under the manufacturer’s warranty. 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 repair 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, 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 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 under the terms of the warranty. Therefore, consider hiring a Houston attorney experienced in lemon law Houston 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 Houston, 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 Houston process by visiting the Texas Department of Motor Vehicle’s website http://www.txdmv.gov/protection/lemon_law.htm.