Area of Law:
If your new car seems to have endless problems, you may have a lemon on your hands. Luckily, Texas provides a legal remedy, referred to as the lemon law, if your automobile does not meet reasonable standards of quality and performance. The lemon law San Antonio 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 San Antonio only operates if a problem arises with your vehicle that the manufacturer is unwilling to repair. 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 San Antonio applies to new cars, trucks, motor homes, ATVs and motorcycles. If you own a used vehicle, the lemon law San Antonio 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 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 24 months or 24,000 miles from the date you received the vehicle. Be aware that the Texas Department of Motor Vehicles charges a $35.00 filing fee for all complaints about new vehicles.
Your car’s warranty can be very confusing and it is a good idea to discuss the terms of the warranty with a legal professional to determine if your car’s repairs are included under the warranty. Therefore, consider hiring a San Antonio attorney experienced in lemon law San Antonio to assist you with any legal action you choose to take against the car’s manufacturer. If you have questions about your legal rights or you need help finding an attorney in San Antonio, 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 San Antonio process by visiting the Texas Department of Transportation’s website http://www.txdot.gov/.