Area of Law:
If your new car seems to have endless problems, you may have a lemon on your hands. Luckily, Texas law 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 Texas allows consumers to seek legal action against the manufacturer if one of three tests are met.
The lemon law of Texas applies to new cars, trucks, motor homes, ATVs and motorcycles. If you own a used vehicle, the lemon law Texas 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 four times within 24,000 miles or 24 months for the same problem 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.
Remember, the lemon law Texas only applies if a problem arises with your vehicle that the manufacturer is unwilling to repair, or if several repair attempts have failed to solve 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. 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.
An automobile’s warranty is sometimes written in legalese making the terms of the warranty complicated and confusing. Therefore, consider hiring a Texas attorney experienced in lemon law Texas 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 Texas, contact the State Bar of Texas http://en.wikipedia.org/wiki/State_Bar_of_Texas. Also, the Better Business Bureau of Texas is a great resource if you have additional questions about your rights under lemon law Texas. For example, if you live in Houston, contact the Houston Better Business Bureau http://houston.bbb.org/.