If a Dallas-area dealership has taken your new vehicle back for the same defect more than once and it still isn’t fixed, the Texas Lemon Law may require the manufacturer to repurchase, replace, or repair it. It’s a state law administered by the Texas Department of Motor Vehicles (TxDMV), and it applies the same way across the state — Dallas, Fort Worth, Plano, Arlington, or anywhere else in Texas. There is no separate Dallas version of the rule.

What makes a vehicle a lemon?

Per TxDMV, a vehicle qualifies only when it meets all of the following: it has a substantial manufacturing defect; that defect is covered by the manufacturer’s written warranty; the owner reported it to the dealer or manufacturer within the warranty term; the owner gave the dealer a reasonable number of attempts to repair it; the owner gave the manufacturer written notice — preferably by certified mail — and at least one chance to cure the defect; and the defect still exists and either substantially impairs the vehicle’s use or market value, or creates a serious safety hazard.

A defect that doesn’t substantially impair use or value doesn’t qualify. TxDMV gives minor rattles and radio static as examples — irritating, but not lemon-law territory.

What vehicles does the law cover?

TxDMV states the law covers new motor vehicles — 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 haven’t been previously titled count as new for this purpose. The law does not cover repossessed vehicles, non-travel trailers, boats, or farm equipment.

Used vehicles can also get help under Texas warranty-performance rules if the vehicle is still under the manufacturer’s original warranty, or if the defect started and was reported to the dealer while under that original warranty and the problem continues. That’s a related but separate question from the new-vehicle lemon law test above — see Does the Texas Lemon Law Cover Used Cars? for more on that distinction.

How many repair attempts does a dealer get?

You don’t have to guess whether a dealership has had a fair shot. TxDMV sets out three tests, and passing any one of them means the law presumes you’ve given the manufacturer or authorized dealer a reasonable number of attempts:

The four-times test. You pass this if you’ve 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 still isn’t fixed.

The serious safety-hazard test. A serious safety hazard, as TxDMV defines it, is 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’ve taken the vehicle in for repair of a serious safety hazard twice within the first 24 months or 24,000 miles, and the hazard still isn’t fixed.

The 30-day test. You pass this if the vehicle has been out of service for repair of a warranty-covered defect for a total of 30 days or more — not necessarily consecutive — within the first 24 months or 24,000 miles, and the defect still exists. If the dealer gave you a comparable loaner while your vehicle was in for repair, that time doesn’t count toward the 30 days.

TxDMV notes that mileage requirements generally don’t apply to towable recreational vehicles or other vehicles without an odometer. For a closer look at how these attempts are counted and what counts as "reasonable," see Understanding ‘Reasonable Number of Repair Attempts’ Under Texas Lemon Law.

What’s the deadline to file?

TxDMV requires a Lemon Law complaint to 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. Whichever of those three happens first sets the clock. TxDMV advises filing as soon as you realize the dealer is having trouble repairing the vehicle, rather than waiting to see if the six-month window is tight.

What do I actually have to do before filing?

Beyond passing one of the three repair-attempt tests, TxDMV requires giving the manufacturer written notice of the defect — preferably by certified mail — and at least one opportunity to cure it before you file a complaint. The complaint itself goes to the Texas Department of Motor Vehicles with a $35 filing fee, along with notice to the manufacturer of the complaint and a last opportunity to repair the defect. TxDMV’s Lemon Law Section staff and an assigned case advisor review the complaint for completeness and eligibility, and TxDMV attempts to mediate between you and the manufacturer. If that doesn’t resolve it, the matter goes to a hearing before an assigned hearing examiner, who issues a written decision within 60 days of the hearing’s close. Either side can ask for a rehearing, and a dissatisfied party can appeal to a state district court in Travis County.

Because the filing deadline and the notice requirements are specific, TxDMV itself recommends calling its Lemon Law Section at (888) 368-4689 or consulting legal counsel promptly if you’re not sure where you stand. For the step-by-step mechanics of putting a complaint together, see How to File a Lemon Law Claim in Texas: Step-by-Step Guide.

What can I get if I win?

TxDMV states that only new vehicles can qualify for a refund or a replacement, and the department reviews the facts of each case before deciding. A refund requires the manufacturer to buy back the vehicle for the purchase price — including taxes, title, and license fees — minus an amount charged for vehicle use, calculated under a formula that accounts for mileage at the time of the hearing. A replacement requires the manufacturer to provide a comparable vehicle, usually the same make, model, and accessories, minus the same mileage-use deduction; you’re responsible for any upgrades you choose. A repair order requires the manufacturer to fix the defects, and TxDMV notes that out-of-pocket expenses for repairs that should have been covered by warranty may also be reimbursed.

Before you get to any of that, it helps to know whether your situation fits the pattern the law is built around. Start with Do I Qualify? to walk through it.

The Lemon Lawyers