Questions About Lemon Law

What Is the Lemon Law in Texas?

The Lemon Law in Texas is a state law that helps consumers who have bought or leased new vehicles and are facing repeated problems with warranty repairs. The law requires manufacturers to repair, replace, or refund a vehicle if it is found to be a "lemon" – meaning it has substantial defects affecting its use, value, or safety, and these defects have not been fixed after a reasonable number of attempts.

Who Qualifies for Compensation Under the Texas Lemon Law?

Owners or leases of new vehicles, including cars, trucks, and motorcycles, that are still under the original factory warranty qualify for compensation under the Texas Lemon Law. The vehicle must have been purchased or leased in Texas.

How Long Do I Have to File a Claim under the Texas Lemon Laws?

In Texas, you must file a Lemon Law complaint within 24 months following the purchase of the vehicle or within 24,000 miles driven, whichever comes first. It's crucial to file the claim as soon as you realize your vehicle might be a lemon.

How Do I File a Lemon Law Claim in Texas?

To file a Lemon Law claim in Texas, you need to submit a complaint to the Texas Department of Motor Vehicles (TxDMV). This can be done online or via mail. You’ll need to provide documentation of your vehicle's problems, repair attempts, and any communications with the manufacturer or dealer.

Does Texas Have a Lemon Law for Used Cars?

Texas Lemon Law primarily covers new vehicles. However, some used vehicles may still be covered if they are still under their original manufacturer's warranty and meet other specific criteria of the law.

How Long Do I Have to Return a Car under the Texas Lemon Law?

The Texas Lemon Law doesn't specifically provide a "return" period. Instead, it focuses on repair attempts. If the vehicle is deemed a lemon, the manufacturer must repurchase or replace the vehicle.

Who Administers the Lemon Law in Texas?

The Texas Lemon Law is administered by the Texas Department of Motor Vehicles (TxDMV).

What If My Case Isn’t Covered by the Texas Lemon Law, Do I Have Any Other Recourse?

If your case isn't covered by the Texas Lemon Law, you may still have other legal resources such as warranty claims under the Magnuson-Moss Warranty Act, a federal law, or other state consumer protection laws. View all options.

What vehicle years are eligible for Lemon Law claims?

Under Texas Lemon Law, vehicles are eligible for claims if the defect occurs within the first 24 months or 24,000 miles of the vehicle’s delivery date, whichever comes first. The law applies to new vehicles, including cars, trucks, motorcycles, and motor homes, as long as they are covered by the manufacturer’s warranty during that period. Even if the issue arises near the end of this period, a claim can still be filed within six months after the expiration of the warranty or the 24-month/24,000-mile window.

Do only 2020-2024 vehicles qualify under Lemon Law?

The eligibility criteria are not strictly tied to vehicle model years like 2020-2024. Instead, eligibility depends on the date of delivery and whether the vehicle is still within the 24 months or 24,000 miles of service, as well as being under the manufacturer’s warranty. If the vehicle is newer and still within these limits, it may qualify for protection under the Lemon Law. Call us to take advantage of our free, no-obligation case evaluation, and we’ll help you determine if you have a valid claim.

What should I do if my vehicle is older than 2020?

If your vehicle is older than 2020 but still covered by the manufacturer’s original warranty (not an extended service contract), you may still have recourse under Texas law. You could also be protected by the federal Magnuson-Moss Warranty Act, which applies to warranty claims for vehicles that may not meet Texas Lemon Law criteria but still have unresolved defects. Call us for a free case evaluation and we’ll help you determine if you have a valid claim.

General Questions

How Does My Lawyer Get Paid?

In many cases, if your Lemon Law claim is successful, the manufacturer is required to cover reasonable attorney fees. However, fee arrangements can vary, so it's important to discuss this with your lawyer beforehand.

Does the Lemon Law Apply to My Leased Vehicle?

Yes, in Texas, the Lemon Law applies to leased vehicles just as it does to purchased ones. If your leased vehicle has a substantial defect that persists after a reasonable number of repair attempts, you may be entitled to compensation or a replacement under the Lemon Law. The defect must be covered by the manufacturer’s warranty, and the process for filing a claim is similar to that for purchased vehicles

What is a Warranty?

A warranty is a written guarantee from a manufacturer or seller that promises to repair or replace a product, like a vehicle, if it fails to meet specific performance standards within a given time frame. In the case of vehicles, warranties typically cover repairs for defects that impact the vehicle’s usability, safety, or value. The Magnuson-Moss Warranty Act provides federal protection for consumers, ensuring warranties are written in plain language and are enforceable.

How Do I Know Which Lemon Law Lawyer to Choose?

Choosing the right Lemon Law lawyer involves looking for experience and success in handling similar cases. It’s important to select a lawyer who specializes in consumer rights and understands the complexities of Lemon Law. Look for attorneys who offer free consultations and work on a contingency basis, meaning you don’t pay unless they win your case. A strong track record in negotiation and litigation against auto manufacturers is also essential for getting the best outcome.

What compensation am I entitled to if my vehicle qualifies as a lemon?

If your vehicle or consumer product qualifies as a lemon, you are entitled to either a replacement or a refund. This refund can include your down payment, monthly payments, registration fees, taxes, and incidental costs like rental car or towing expenses, along with coverage for reasonable attorneys’ fees. However, the manufacturer is allowed to deduct a usage fee, which accounts for the miles driven before the vehicle was first taken in for repair for the defect that led to it being declared a lemon.

Do I need an attorney to file a lemon law claim?

While it’s possible to file a claim on your own, it’s highly recommended to consult an experienced lemon law attorney. Manufacturers may push for arbitration, which can favor their interests, so having legal representation can ensure your rights are protected.

How Will I Know If My Vehicle Qualifies Under Texas Lemon Law or Another Warranty?

There’s no one-size-fits-all answer when it comes to lemon law cases, which is why it’s essential to consult with experienced Lemon Law attorneys. Our team offers a free, no-obligation case evaluation to determine if you have a valid claim. Speak directly with a knowledgeable attorney today, and we’ll walk you through the process, ensuring you understand your rights and the next steps for pursuing compensation.

How long does the Lemon Law process take?

The duration of a lemon law case varies depending on the specifics of each situation. While some cases are resolved in as little as 90 days, others may take longer. To improve your chances of a timely and favorable outcome, it’s essential to consult with an experienced lemon law attorney early in the process. We guide you from the start and do all of the heavy lifting for you.

What is a ‘vehicle replacement?’

A ‘vehicle replacement’ means you’ll receive a similar make and model to your lemon vehicle, but typically the replacement will be a current year model. Your existing loan or lease terms will remain the same, including the duration. The only costs you’ll be responsible for are fees for the time you used the original vehicle before it was declared a lemon, and any applicable taxes.

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