If a new vehicle you bought or leased in San Antonio keeps coming back from the dealer with the same problem, the Texas Lemon Law may let you get it repurchased, replaced, or repaired. It is a state law administered by the Texas Department of Motor Vehicles (TxDMV), and it applies the same way everywhere in Texas — a vehicle bought from a San Antonio dealership qualifies (or doesn’t) on the exact same conditions as one bought in Dallas or El Paso. What decides a case is the defect, the repair history, and the deadline, all covered below.

What has to be true for a vehicle to qualify?

According to TxDMV, a vehicle must meet all of the following: it has a substantial manufacturing defect; the defect is covered by a manufacturer’s written warranty; the owner reported the defect 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 — of the defect and at least one opportunity to fix it; and the defect still persists, and it substantially impairs the vehicle’s use or market value, or creates a serious safety hazard.

That last point matters: TxDMV is explicit that defects which don’t substantially impair use or value — its examples are minor rattles and radio static — are not covered, no matter how many times the vehicle has been in for them.

Which vehicles does the law cover?

The law covers new cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles, and neighborhood electric vehicles that develop a warranty-covered defect, per TxDMV. A demonstrator vehicle that hasn’t been previously titled counts as new. It does not cover repossessed vehicles, non-travel trailers, boats, or farm equipment.

A used vehicle isn’t automatically excluded. If it’s still under the manufacturer’s original warranty (not an extended service contract), or the defect started and was reported to the dealer while that original warranty was active and the defect is ongoing, repair assistance may still be available — see Does the Texas Lemon Law Cover Used Cars? for how that plays out.

What are the repair-attempt tests?

TxDMV presumes a reasonable number of repair attempts have been given if the vehicle passes one of three tests:

  • The four-times test — the vehicle went to a dealership for the same defect four times within the first 24 months or 24,000 miles (whichever comes first), and the defect is still not fixed.
  • The serious safety-hazard test — the vehicle went in twice, in that same 24-month/24,000-mile window, for a defect that is a life-threatening malfunction substantially impeding control of the vehicle, or that creates a substantial risk of fire or explosion, and it’s still not fixed.
  • The 30-day test — 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 that same window, and the defect still exists. Time covered by a comparable loaner doesn’t count toward the 30 days.

TxDMV notes the mileage thresholds generally don’t apply to towable recreational vehicles or other vehicles without an odometer. Passing one of these tests isn’t the only way a claim can proceed, but it’s the clearest way to establish that a reasonable number of attempts has already been given. Understanding "Reasonable Number of Repair Attempts" Under Texas Lemon Law goes into how each test is counted against a repair history.

What is the filing deadline?

A Lemon Law complaint has to be filed within six months following the earliest of: expiration of the express warranty term, 24 months after purchase, or 24,000 miles from the date the vehicle was delivered — whichever comes first, per TxDMV. TxDMV’s own guidance is to file as soon as it becomes clear the dealer isn’t able to fix the problem, rather than waiting to see if the six-month window is close.

Filing itself requires a complaint submitted to TxDMV with a $35 filing fee, along with notice of the complaint and a last opportunity to repair sent to the manufacturer. How to File a Lemon Law Claim in Texas: Step-by-Step Guide walks through that process in order.

What happens after a complaint is filed?

TxDMV’s Lemon Law Section staff and an assigned case advisor review the complaint for completeness and eligibility, and TxDMV attempts to mediate between the owner and the manufacturer. If mediation doesn’t resolve it, the matter goes to a hearing before an assigned hearing examiner, where both sides present their case. The examiner issues a written decision within 60 days after the hearing closes. Either party can file a motion for rehearing, and a dissatisfied party can appeal to a state district court in Travis County, according to TxDMV.

What can a successful claim get me?

TxDMV states that only new vehicles can qualify for a refund or replacement; used vehicles found eligible are limited to repair. A refund requires the manufacturer to buy back the vehicle for the purchase price — including taxes, title, and license fee — minus an amount for the vehicle’s use, calculated by a mileage-based formula, and not including any interest paid. A replacement requires the manufacturer to provide a comparable vehicle, acceptable to the owner, minus a use deduction, with the owner responsible for any upgrades. A repair order requires the manufacturer to fix the defect, and TxDMV notes out-of-pocket repair expenses that should have been covered by warranty may also be reimbursed.

What should a San Antonio owner do before filing?

TxDMV’s own advice is straightforward: read the warranty and owner’s manual so you know what’s covered, describe the problem fully on every repair order, confirm the description is accurate before you leave the shop, and return the vehicle if the problem isn’t actually fixed. If the same issue keeps recurring, keep a log with dates, mileage, and location for each visit, and hold onto every repair order. That record is what a case advisor and, if it goes that far, a hearing examiner will be comparing against the tests above.

If you’re trying to work out where your own repair history stands against these tests and deadlines, Do I Qualify? is the place to check it against your specific dates and mileage.

The Lemon Lawyers