Lemon Laws in Texas
In order for a car to qualify as a lemon under TEXAS lemon laws, the car must have a substantial defect that occurred within a certain period of time after you bought the car and not be fixed after a reasonable number of repair attempts. In most states, the lemon law only applies to new cars, but a TEXAS lemon law lawyer should be consulted for specific state laws. If you have a lemon, you might be entitled to a new car or a return on your investment. Most lemon law cases settle without going to trial. Your TEXAS lemon law lawyer may choose to pursue many different claims against the manufacturer to provide the most effective and widest recovery. Dependent upon the claims, this may include the Lemon Law, breach of warranty, and unfair trade practices.
The state of Texas, in association with federal law, requires that owners of defective motor vehicles be compensated. Only certain motor vehicles are eligible as well as other products and include motorcycles, boats, RVs, trucks, appliances, and computers. To qualify as a lemon, a motor vehicle or appliance must have undergone several repairs while still under the warranty of the factory. These repairs must have been attempts for the same defect without success. Texas law states that lemons are to be compensated through replacement, refund, or compensation of cash.
In order to have a lemon issued, an individual must send a letter of notification to the manufacturer to request a hearing. In some cases a hearing is necessary. In some cases it is not. Since the 1991 altering to the law, the amount of time consumers have to file for a lemon has been extended. Law also requires each replacement or repurchase be followed by a disclosure notice.
In 1997 a new section was added to Texas’ lemon laws in regards to towable recreation vehicles. In order to be eligible for lemon laws, the law states that towable recreation vehicles need to be single chassis built, be registered and titled in the state of Texas, be able to be towed by another motor vehicle, and have at least one life support system.
Used motor vehicles may also be eligible for lemon compensation. These kinds of motor vehicles are only eligible for part replacement but only if those motor vehicles are under their original factory warranties.
Texas lemon laws apply to new motor vehicles, including vans, cars, trucks, all-terrain vehicles motor homes, motorcycles, and towable vehicles. These must still be covered under the factory’s written warranty. Texas also considers demonstrator vehicles to be new motor vehicles.
The law does not cover motor vehicles that have been abused by their owners – including unauthorized changes and neglect – motor vehicles that have components or parts that were not installed or authorized by the manufacturer, or vehicles that have defects that are not substantially affecting their use or marketing value. Lemon laws normally include defects that will inhibit the safety of the driver, passengers, or others. Radio problems or rattles are not considered serious enough to be considered lemons.
Lemons are further broken down to ensure that only true lemons are petitioned for replacement. In Texas motor vehicles must meet all the necessary conditions. A motor vehicle needs to be under the manufacturer’s warranty; the motor vehicle must have a severe abnormality or defect; the defect must be reported to the manufacturer or dealer while still under warranty; the motor vehicle must have undergone a reasonable number of repair attempts and must have proof; the manufacturer must have been notified of the condition and given one opportunity for repair; the defect must impair the motor vehicle’s proper use, safety, or market value; and all filing fees must be paid and filed in a timely manner along with a Lemon Law complaint.
A reasonable number of attempts often includes three or four attempts.
Lemon law lawyers
Many people wonder if they really need a TEXAS lemon law lawyer or if they can handle it on their own. The answer to this question depends upon which state you bought or registered your car in. In some states, and with proper documentation, all you need to do is file a complaint. You will need to hire a TEXAS lemon law lawyer who is experienced in this specific area.
Many people also wonder who is responsible for paying the TEXAS lemon law lawyer fees. This depends on the particular state, but roughly half of the US states allow you to recover TEXAS lemon law attorney costs. If your lemon lawyer sues under the Magnuson-Moss Warranty Act, you will be awarded fees if you win your case. In some US states, you will be responsible for the manufacturer’s lemon law lawyer fees if you lose your case.
You must file your lemon law complaint within six months following the earlier: expiration of the express warranty term; 24 months; or 24,000 miles following the date of delivery of the vehicle. The filing period for your TEXAS lemon law case is determined by which of the above events comes first. It is important that you or your TEXAS lemon law lawyer files your complaint as soon as you realize the dealer is having problems repairing the vehicle.
While the information presented on this website is accurate on the date of publication, it should not be cited or relied upon as legal authority. It is highly recommended that legal advice be obtained from a local TEXAS lemon law lawyer .
If you or a loved one feel you have a lemon law case, you need to speak with an experienced TEXAS lemon law lawyer as soon as possible. You probably have a lot of questions, and chances are you may be afraid of what may happen during your case. Good TEXAS lemon law lawyers in your area can help relieve this anxiety and stress. An experienced and winning product lemon law in TEXAS can evaluate your case and determine the chances your case has of succeeding. The fact is, you won’t know until you speak with a TEXAS lemon law lawyer.