Yes. Texas has a 30-day test as part of its lemon law. If your new vehicle has been out of service for repairs for a total of 30 days or more during your first 24 months or 24,000 miles, and the defect is still not fixed, you may qualify for help under the Texas Lemon Law.
Say your SUV has needed the same transmission repair on and off for weeks. It sat at the dealership for 10 days here, 12 days there, and 9 days on another visit. Those days add up. If they reach 30 total days within your first 24 months or 24,000 miles, you may pass this part of the Texas Lemon Law.
What counts as the 30-day test?
The Texas Department of Motor Vehicles calls this the "30-day test." You pass it if your vehicle has been out of service for repair of a defect covered by the original factory warranty for a total of 30 days or more during the first 24 months or 24,000 miles, whichever comes first, and a substantial defect still exists.
The 30 days do not need to happen all at once. Several shorter repair visits can add up to 30 days or more.
Does a loaner car count against my 30 days?
No. If the dealer gave you a comparable loaner vehicle while your car was being repaired, that time does not count toward your 30 days.
This means the clock only runs on days your own vehicle was out of service. If you had a loaner the whole time, those days do not help you reach the 30-day total.
Is the 30-day test the only way to qualify?
No. It is one of the tests the Texas Department of Motor Vehicles recognizes for showing you gave the manufacturer or dealer a reasonable number of chances to fix your vehicle.
The other two are the four-times test and the serious safety-hazard test. You only need to pass one of the three, not all of them.
What else does my vehicle need to qualify?
Passing the 30-day test is not the only requirement. Your vehicle also needs a real manufacturing defect. That defect must be covered by the manufacturer’s written warranty.
You must have reported the defect to the dealer or manufacturer within the warranty term. You must also have given the manufacturer written notice, preferably by certified mail. Along with that notice, you must give at least one chance to fix the problem.
Finally, the defect must still exist. It must also seriously hurt the vehicle’s use or value, or create a serious safety hazard.
How long do I have to file?
You must file a Lemon Law complaint within six months. This six-month clock starts at whichever of these happens first: your express warranty expires, 24 months pass after purchase, or your vehicle hits 24,000 miles.
This deadline is strict. To be safe, the complaint should be filed as soon as you realize the dealer is having trouble fixing your car.
What can I get if I win?
If your complaint succeeds, the manufacturer may have to buy back your vehicle, replace it, or repair it. A buyback returns your purchase price, including taxes, title, and license fees. From that amount, the manufacturer subtracts a fee for the use you got from the vehicle before you reported the defect.
A replacement swaps your vehicle for a comparable one, minus an amount for mileage used. A repair order requires the manufacturer to fix the defect. It may also include reimbursement for repair costs that should have been covered by the warranty.
How do I start a complaint?
You file a Lemon Law complaint with the Texas Department of Motor Vehicles. This comes with a $35 filing fee. You also give the manufacturer notice of the complaint, along with a last chance to repair the defect.
Not sure if your repair history meets the 30-day test? Start by checking do I qualify to see how your situation lines up with the Texas Lemon Law.
Want a deeper look at how all three repair-attempt tests work together? See Understanding ‘Reasonable Number of Repair Attempts’ Under Texas Lemon Law.
Did your vehicle come with a loaner car during some of those repair visits? Read Does a Loaner Car Affect Your Texas Lemon Law Claim? to see how that may change your math.
The Lemon Lawyers