If your new vehicle keeps going back to an Austin-area dealership for the same unresolved problem, the Texas Lemon Law may let you get it repurchased, replaced, or repaired. The law is administered statewide by the same agency and applies the same way whether you bought the vehicle in Austin, San Antonio, or anywhere else in Texas.

What does the Texas Lemon Law cover?

The Texas Department of Motor Vehicles explains that the law covers new vehicles — including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles, and neighborhood electric vehicles — that develop a defect covered by the manufacturer’s written warranty. Demonstrator vehicles that have not been previously titled are treated as new vehicles for this purpose.

The law does not cover repossessed vehicles, non-travel trailers, boats, or farm equipment, and it does not cover defects that do not substantially impair the use or market value of the vehicle, such as minor rattles or radio static.

If you bought your vehicle used, it may still be covered under separate warranty-performance rules if the manufacturer’s original warranty was still in effect, or if the defect started and was reported to the dealer while that original warranty was active and the defect continues.

How do I know if my vehicle qualifies as a lemon?

According to the TxDMV, your vehicle must meet all of the following: it has a substantial manufacturing defect, the defect is covered by a manufacturer’s written warranty, you reported the defect to the dealer or manufacturer within the warranty term, you gave the dealer a reasonable number of attempts to repair it, you gave the manufacturer written notice — preferably by certified mail — of the defect and at least one opportunity to cure it, and the defect persists and substantially impairs the vehicle’s use or market value, or creates a serious safety hazard.

How many repair attempts does the dealer get?

The TxDMV states that the law presumes a reasonable number of repair attempts has been given if you pass one of three tests: the four-times test, the serious safety-hazard test, or the 30-day test.

Under the four-times test, you qualify if you have taken the vehicle to a dealership for repair of the same defect four times within the first 24 months or 24,000 miles, whichever comes first, and the defect is still not repaired.

What if my defect is a serious safety hazard?

The TxDMV defines a serious safety hazard as a life-threatening malfunction that substantially impedes your ability to control or operate the vehicle normally, or that creates a substantial risk of fire or explosion. You pass this test if you have taken the vehicle in for repair of a serious safety hazard twice during the first 24 months or 24,000 miles, whichever comes first, and the defect is still not repaired.

What is the 30-day test?

You pass the 30-day test, per the TxDMV, if your vehicle has been out of service for repair of a warranty-covered defect for a total of 30 days or more — not necessarily consecutive — during the first 24 months or 24,000 miles, and a substantial defect still exists. Time the manufacturer provided a comparable loaner vehicle does not count toward the 30 days.

The mileage requirements generally do not apply to towable recreational vehicles or other vehicles without an odometer, the TxDMV notes.

How long do I have to file a complaint?

The TxDMV states that a Lemon Law complaint must be filed within six months following the earliest of: expiration of the express warranty term, 24 months after purchase, or 24,000 miles following the date of delivery of the vehicle (except for towable recreational vehicles). The agency advises filing as soon as you realize the dealer is having trouble repairing the vehicle, rather than waiting.

What happens when I file, and what can I win?

The TxDMV describes the process: you file a Lemon Law complaint with a $35 filing fee and give the manufacturer notice of the complaint along with a last opportunity to repair the defect. Agency staff review the complaint for completeness and eligibility, and attempt to resolve it through mediation. If it is not resolved, the matter goes to a hearing before an assigned hearing examiner, who issues a final written decision within 60 days after the hearing closes. Either party may then file a motion for rehearing, and a dissatisfied party may appeal to a state district court in Travis County.

If you win, the TxDMV explains the department can order a refund — the manufacturer buys back the vehicle for the purchase price, including taxes, title, and license fee, minus an amount for vehicle use calculated under a set formula — a replacement with a comparable vehicle minus mileage used, with the consumer responsible for any upgrades, or a repair, with reimbursement for out-of-pocket repair costs that should have been covered by the warranty. Only new vehicles can qualify for a refund or replacement.

What should I do while my vehicle is still being repaired?

The TxDMV recommends reading your warranty and owner’s manual so you know what is covered, describing the problem fully on each repair order, confirming the description with the dealer, and returning the vehicle for further repair if the problem persists. It also recommends keeping a log of recurring issues with dates and locations, keeping all repair orders and records, and maintaining communication with the dealer’s service department.

Because the filing deadline and eligibility requirements are specific, the TxDMV suggests calling its Lemon Law Section or consulting legal counsel if you are unsure where you stand. Read more about what a reasonable number of repair attempts means in practice at Understanding "Reasonable Number of Repair Attempts" Under Texas Lemon Law, and see the filing process laid out step by step at How to File a Lemon Law Claim in Texas.

If you are an Austin-area vehicle owner wondering whether your repair history meets one of these three tests, you can check your situation at Do I Qualify?

The Lemon Lawyers