Texas Lemon Law Attorneys

Lemon laws in Texas are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles.

Lorraine Irby, P.C.

Lorraine Irby, P.C. is located at 200 North Rufe Snow Drive, Suite 201, Keller, Texas. Attorney Lorraine Irby is the sole member handling legal issues of people at this law firm. The firm is a general practice law firm having a focal practice area in lemon laws. Mr. Irby, after completing his graduation in B.S.B.M from Le Tourneau University, got admission in Texas Wesleyan University and got Degree of Jurisprudence from there in 2001. He was then admitted to the bar in Texas, U.S. District Court and Northern District of Texas. Mr. Irby is currently a member of Tarrant County Bar Association, State Bar of Texas and State Bar College.

Areas of Practice

  • Lemon Law
  • Estate Planning
  • Consumer Law
  • Business Law
  • Family Law

The Law Office of Donald T. Cheatham

Located at 604 A West 9th Street, Austin, Texas, the law office of Donald T. Cheatham is a law firm offering legal services at lowest possible rates. Attorney Donald T. Cheatham is practicing law for a long time and has become one of the top-listed Texas lemon law attorneys. Mr. Cheatham, a sole-practitioner, did his J.D. from University of Houston in 1974 and was admitted to the bar in Virginia and U.S. District Court, Eastern District of Virginia, District of Columbia, U.S. District Court, District of Columbia, U.S. Court of Appeals, Fourth Circuit and U.S. Court of Appeals, District of Columbia Circuit, Texas and U.S. District Court, Western District of Texas, U.S. District Court, Southern District of Texas, U.S. Court of Appeals and Fifth Circuit. He holds memberships of Travis County and American Bar Associations, State Bar of Texas, The District of Columbia Bar, Virginia State Bar, The Association of Trial Lawyers of America and National Association of Criminal Defense Lawyers.

Areas of Practice

  • Lemon Law
  • Transportation
  • Railroad Right of Way
  • Family Law
  • Employment
  • Consumer
  • General Litigation
  • Criminal Law

Mark Aschermann, Attorney at Law

The law firm of Mark Aschermann is located at 3730 Kirby Drive, Suite 520, Houston, Texas. This law firm is committed to the pursuit of excellence and provides detailed information about the proceedings of the clients’ cases. Mark Aschermann, Attorney at Law specializes in lemon law and also represents clients in the area of estate planning and family law. Attorney Mark Aschermann is a sole-practitioner who earned his law education from South Texas College of Law in 1984 and joined Texas Bar, U.S. District Court, Southern District of Texas, U.S. District Court and Northern District of Texas.

Areas of Practice

  • Lemon Law
  • Consumer Debt and Credit
  • Collections
  • Creditor Rights
  • Fair Credit Reporting
  • Warranties

Texas Lemon Laws

Codified as Occupations Code Chapter 2301 effective June 1, 2003
Formerly
Texas Motor Vehicle Commission Code
(Article 4413(36) Vernon’s Texas Civil Statutes)
(Lemon Law Statutes)

General Warranty Complaints

§ 2301.204.

Complaint Concerning Vehicle Defect

As stated in the Texas lemon law statutes:

  1. For this purpose the owner of a motor vehicle or his/her chosen agent may make a complaint regarding a defect in a motor vehicle that is covered by a manufacturer’s, converter’s, or distributor’s warranty agreement applicable to the vehicle.
  2. The consumer or his/her agent must make complaint in writing to the applicable dealer, manufacturer, converter, or distributor and must specify each defect in the vehicle that is covered by the warranty.
  3. The owner may also appeal to the board’s jurisdiction by sending a copy of the complaint to the board.
  4. In case the owner and dealer, manufacturer, converter, or distributor could not reach to a solution after private discussion, a court hearing may be scheduled on any complaint made under this section.

Added by Acts 2001, 77th Leg., ch. 1421, § 5, eff. June 1, 2003.

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Warranties: Rights of Vehicle Owners

§ 2301.601.

Definitions

According to Texas lemon law, the following words in this subchapter shall mean:

Impairment of market value is a considerable loss in market value caused by a flaw or defect specific to a motor vehicle.

Owner is always a person who:

  1. Purchased a motor vehicle at retail from a license holder and is entitled to enforce a manufacturer’s warranty with respect to the vehicle;
  2. Is a lessor or lessee, other than a sublessee, who purchased or leased the vehicle from a license holder; or
  3. Is the transferee or assignee of a person described by Paragraph (A) or (B), a resident of this state, and entitled to enforce the manufacturer’s warranty.

Reasonable allowance for use is basically the amount that attributable to use of a motor vehicle when the vehicle is not out of service for repair.

Serious safety hazard is a severe and life-threatening break down of the motor vehicle that:

  1. Considerably hinder a person’s ability to control or drive a motor vehicle for ordinary use or intended purposes; or
  2. Creates a significant risk of fire or explosion.

§ 2301.602.

Duty of Board

  1. The board shall make it compulsory on a manufacturer, converter, or distributor to perform an obligation imposed by this subchapter of Texas lemon law.
  2. As stated in Texas lemon law, the board shall adopt rules for the enforcement and implementation of this subchapter.

§ 2301.603.

Conformance with Warranty Required

  1. For a manufacturer, converter, or distributor it is made necessary to perform the repairs required to conform a new motor vehicle to an applicable manufacturer’s, converter’s, or distributor’s express warranty.
  2. Subsection (A) applies after the expiration date of a warranty if:
    1. During the time period of the warranty, the owner or the owner’s agent provided made a statement of the nonconformity to the manufacturer, converter, or distributor, or to a designated agent or franchised dealer of the manufacturer, converter, or distributor; or
    2. A disprovable assumption concerning to the vehicle is created under Section 2301.605.
  3. According to Texas lemon law, this subchapter does not put any limit to a remedy available that an owner can avail under a new motor vehicle warranty that extends beyond the provisions of this subchapter.

§ 2301.604.

Replacement of or Refund for Vehicle

  1. It is made obligatory on a manufacturer, converter, or distributor to repair the vehicle or a severe condition that causes safety hazard or substantially impairs the use or market value of the motor vehicle after a reasonable number of attempts and that is applicable to an express warranty, the manufacturer shall reimburse the owner for reasonable incidental costs resulting from loss of use of the motor vehicle because of the nonconformity or defect and:
    1. Shall provide a replacement of that motor vehicle or comparable motor vehicle; or
    2. Accept return of the vehicle from the consumer and refund to the owner the full purchase price, less a reasonable allowance for the owner’s use of the vehicle, and any other allowances or refunds payable to the owner.
  2. A refund made for a vehicle for which there is a lienholder shall be made to the owner and lienholder in proportion to each person’s interest in the vehicle.
  3. As necessary to promote the public interest, the Texas lemon law board by rule:
    1. Shall characterize and define the incidental costs that are eligible for reimbursement;
    2. Shall specify other requirements necessary to determine an eligible cost; and
    3. May set a maximum amount that is eligible for reimbursement, either by type of eligible cost or by a total for all costs.

§ 2301.605.

Rebuttable Presumption—Reasonable Number of Attempts to Conform a Vehicle

  1. This is established if:
    1. The same defect or nonconformity persist after being subject to repair four or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and:
      1. The first two attempt of repair were made in the 12 months or 12,000 miles, whichever occurs first, following the date of original delivery to the owner; and
      2. The other two repair attempts were made in the 12 months or 12,000 miles, whichever occurs first, immediately following the date of the second repair attempt;
    2. The same nonconformity again creates a problem of safety hazard and that is after the first attempts of the repair by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and:
      1. As a minimum one attempt to repair the nonconformity was made in the 12 months or 12,000 miles, whichever occurs first, and that is exactly after the date of original delivery to the owner; and
      2. As a minimum one other attempt to repair the nonconformity is carried out in the 12 months or 12,000 miles, whichever occurs first, immediately after the date of the first repair attempt; or
    3. A condition or nonconformity or defect still prevails because of which the usage and the market value of the vehicle are significantly impaired and:
      1. The motor vehicle is found in break-down condition for repair for a cumulative total of 30 or more days in the 24 months or 24,000 miles, whichever occurs first, immediately after the date of original delivery to the owner; and
      2. (b) At least two repair attempts were made in the 12 months or 12,000 miles following the date of original delivery to an owner.
  2. Reasonable number of attempts to conform a vehicle can also be established if a period or a number of days or miles described by Subsection (A) is extended for any period that the repair could not be made or was unavailable to the consumer because of:
    1. A war, invasion, or strike; or
    2. A fire, flood, or other natural disaster.
    3. The time period during which the consumer is provided an equivalent motor vehicle by the manufacturer or distributor, while the owner’s vehicle is being repaired by a franchised dealer, shall not be included in the 30 days described by Subsection (A)(3)(a).

§ 2301.606.

Conduct of Proceedings

  1. For any proceedings that are to be intended the director shall conduct hearings and issue final orders for the implementation and enforcement of this subchapter. An order issued by the director under this subchapter is considered a final order of the board.
  2. In case a manufacturer, converter, or distributor found a defense to a remedy under this subchapter during the hearings before the director of the board, the manufacturer, converter, or distributor can appeal that the defect:
    1. Has occurred as a result of self abuse, neglect, or unauthorized modification or alteration of the motor vehicle; or
    2. Does not substantially impair the use or market value of the motor vehicle.
  3. The director may not issue an order requiring a manufacturer, converter, or distributor to make a refund or to replace a motor vehicle unless:
    1. The owner or a person on behalf of the owner has mailed written notice of the alleged defect or nonconformity to the manufacturer, converter, or distributor; and
    2. Any of the manufacturer, converter, or distributor has been given an chance to repair the alleged defect or nonconformity.
  4. A proceeding under this subchapter must be initiated not later than six months after the earliest of:
    1. The express warranty term was found expired; or
    2. The dates mentioned in the warranty slip on which 24 months or 24,000 miles have passed since the date of original delivery of the motor vehicle to an owner.

§ 2301.607.

Exhaustion of Administrative Remedies; Right to Sue

  1. This chapter of Texas lemon law states that a refund or replacement under this subchapter is not available to the owner of the motor vehicle unless the owner has tired but couldn’t get through the administrative remedies provided by this subchapter.
  2. Also it is defined that a refund or replacement under this subchapter is not available to a party in an action against a seller under Chapter 2 or 17, Business & Commerce Code, but is available in an action against a manufacturer, converter, or distributor brought under Chapter 17, Business & Commerce Code, after the owner has tired but couldn’t get through the administrative remedies provided by this subchapter.
  3. If the hearing examiner does not issue a proposal for decision and recommend to the director a final order before the 151st day after the date a complaint is filed under this subchapter, the director shall provide written notice by certified mail to the complainant and to the manufacturer, converter, or distributor of the expiration of the 150-day period and of the complainant’s right to file a civil action. The board shall extend the 150-day period if a delay is requested or caused by the person who filed the complaint.
  4. Notwithstanding a requirement of this section that administrative remedies be exhausted, a person who receives notice under Subsection (c) may file a civil action against any person named in the complaint.
  5. The failure to issue notice under Subsection (c) does not affect a person’s right to bring an action under this chapter.
  6. This subchapter does not limit a right or remedy otherwise available to an owner under another law.
  7. A contractual provision that excludes or modifies a remedy provided by this subchapter is prohibited and is void as against public policy unless the exclusion or modification is made under a settlement agreement between the owner and the manufacturer, converter, or distributor.

§ 2301.608.

Assessment of Costs for Replacement or Refund

  1. In an order issued under this subchapter, the director shall name the person responsible for paying the cost of any refund or replacement. A manufacturer, converter, or distributor may not cause a franchised dealer to directly or indirectly pay any money not specifically ordered by the director.
  2. If the director orders a manufacturer, converter, or distributor to make a refund or replace a motor vehicle under this subchapter, the director may order the franchised dealer to reimburse the owner, lienholder, manufacturer, converter, or distributor only for an item or option added to the vehicle by the dealer to the extent that the item or option contributed to the defect that served as the basis for the order.
  3. In a case involving a leased vehicle, the director may terminate the lease and apportion allowances or refunds, including the reasonable allowance for use, between the lessee and lessor of the vehicle.

§ 2301.609.

Judicial Review

  1. A party to a proceeding before the director under this subchapter that is affected by a final order of the director is entitled to judicial review of the order under the substantial evidence rule in a district court of Travis County.
  2. Judicial review is subject to Chapter 2001, Government Code; to the extent that chapter is not inconsistent with this chapter.

§ 2301.610.

Disclosure Statement

  1. Under this chapter of Texas lemon law a manufacturer, distributor, or converter that has been ordered to repurchase or replace a vehicle shall, through its franchised dealer, issue a disclosure statement stating that the vehicle was repurchased or replaced by the manufacturer, distributor, or converter. The statement must also be taken with the vehicle through the first retail purchase following the issuance of the statement and must include the board’s toll-free telephone number that will enable the purchaser to obtain information about the condition or defect that was the basis of the order for repurchase or replacement.
  2. The manufacturer, distributor, or converter must restore the cause of the repurchase or replacement to factory specifications and issue a new 12-month, 12,000-mile warranty on the vehicle.
  3. The board shall adopt rules for the enforcement of this section.
  4. The board shall maintain a toll-free telephone number to provide information to a person who requests information about a condition or defect that was the basis for repurchase or replacement by an order of the director. The board shall maintain an effective method of providing information to a person who makes a request.

§ 2301.611.

Annual Report on Repurchased or Replaced Vehicles

  1. It lies under the responsibility of the board that has to publish an annual report on the motor vehicles ordered repurchased or replaced.
  2. The board shall also include in the report the list that bears the number of vehicles by brand name and model and along with a brief description of the defects that caused the repurchase or replacement.
  3. The board shall make the report available to the public and may charge a reasonable fee to cover the cost of the report.

§ 2301.612.

Open Records Exception

This chapter of Texas lemon law states that any information that is filed with the board is not to be revealed to public under Chapter 552, Government Code, until the lodged complaint is finally resolved by order of the board.

§ 2301.613.

Notice to Buyer

  1. Only the board has the authority to prepare, publish, and distribute information regarding an owner’s rights under this subchapter. The retail seller of a new motor vehicle shall conspicuously post a copy of the information in the area where its customers usually pay for repairs.
  2. In case notice is not provided as required, this shall be considered a violation of this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, § 5, eff. June 1, 2003.

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Judicial Review

§ 2301.751.

Judicial Review Generally

  1. A party to a proceeding affected by a final order, rule, or decision or other final action of the board or director under this chapter or under another law with respect to a matter arising under this chapter may seek judicial review of the action under the substantial evidence rule in:
    1. A district court in Travis County; or
    2. The court of appeals for the Third Court of Appeals District.
  2. Except as otherwise provided by this chapter, an appeal brought in a district court may be removed to the court of appeals by any party before trial in the district court on the filing of notice of removal with the district court.
  3. Judicial review by a court, to the extent not in conflict with this chapter, is in the manner provided by Chapter 2001, Government Code. Judicial review in the court of appeals:
    1. Is commenced under Chapter 2001, Government Code, likewise it is initiated for a legal proceeding in a district court; and
    2. Is governed by the applicable rules of appellate procedure.

§ 2301.752.

Time For Filing; Citation

  1. For the provision of this chapter, any appeal made for judicial review must be filed not later than the 30th day after the date on which the action, ruling, order, or decision becomes final and appealable.
  2. Citation for an appeal must be served on the director and each party of record in the matter. For a petition that is initiated in the court of appeals, the court shall take necessary steps to cause the citation to be issued.

§ 2301.753.

Additional Evidence

A petition for the grounds of which the evidence is taken from outside the record of the board is to be taken under Chapter 2001, Government Code, or otherwise, shall be brought in a district court in Travis County or in the court of appeals. An appeal brought in the court of appeals is subject to remand to a district court in Travis County for proceedings under instructions from the court of appeals.

§ 2301.754.

Dismissal For Failure To Prosecute

  1. This section of Texas lemon law states that a person petitioning under this subchapter shall pursue the appeal with reasonable legal carefulness.
  2. In case the person is not able to prosecute the appeal within a period of six months after the date the appeal is filed, the court shall presume that the appeal has been abandoned. On the motion of the attorney general or a party in the case, the court shall dismiss the appeal after notifying the person who filed the appeal, unless the person provide a good reason that has caused him the delay.

§ 2301.755.

Effect Of Appeal On Order

A request made under the provision of this subchapter shall not be entitled for any furtherance and enforcement of a final board order unless:

  1. The enforcement of the order is allowed to be ordered under Chapter 65, Civil Practice and Remedies Code, and under principles of primary jurisdiction; or
  2. The board, in the interest of justice, postpones the enforcement of the order pending final determination of the appeal.

Added by Acts 2001, 77th Leg., ch. 1421, § 5, eff. June 1, 2003.