Lemon Laws in Texas
- Lemon Laws in Texas
- Lemon law lawyers
- FAQs on Texas Lemon Laws
- What qualifies as a lemon in Texas?
- Does Texas have a lemon law for used cars?
- What does the Texas lemon law cover?
- Is there a lemon law in Texas without warranty?
- What is the Texas law on returning a used car?
- Can I return a used car to a dealership in Texas?
- Can I sue a dealership for selling me a lemon in Texas?
- How to file a complaint against a car dealership in Texas?
- Which of the following items can affect a lemon law claim?
- What 3 options does the Texas Lemon Law allow for with a vehicle?
- What is the legal definition of a lemon?
- Is lemon still good law?
- Who holds car dealerships accountable in Texas?
- Can you sue a dealership for selling you a bad car Texas?
- What kind of lawyer do I need to sue a car dealership 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. Depending 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 including 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 alter to the law, the amount of time consumers have to file for a lemon has been extended. Law also requires each replacement or repurchase to 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 file 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.
FAQs on Texas Lemon Laws
What qualifies as a lemon in Texas?
In Texas, a vehicle qualifies as “lemon law” eligible if it has been subject to four or more repair attempts within the manufacturer’s warranty period, or if it has been out of service for 30 days or more during that same period due to repairs. In addition, if the vehicle was unable to pass its required emissions test because of a defect covered by the manufacturer’s warranty, it is considered a lemon.
Does Texas have a lemon law for used cars?
Yes, Texas does have a lemon law for used cars. However, these laws do not apply to vehicles purchased from individuals. In order for a used car to qualify under the Texas Lemon Law, it must be bought from an authorized dealer and still have a valid warranty.
What does the Texas lemon law cover?
The Texas Lemon Law covers any defects of the vehicle that are covered under the manufacturer’s warranty, and which make the vehicle either unsafe to drive or substantially less useful than it should be. This includes but is not limited to problems with engines, transmissions, brakes, electrical systems, air conditioning, and more.
Is there a lemon law in Texas without warranty?
Unfortunately, no. The state of Texas does not have a lemon law that applies to vehicles without a valid manufacturer’s warranty.
What is the Texas law on returning a used car?
Under Texas law, buyers of used cars are granted certain protections known as implied warranties. This means that even if the dealer does not explicitly guarantee that the car will remain free from defects at the time of purchase, they are still responsible for fixing any issues that arise within three months from the date of sale. Additionally, consumers can request their money back if the vehicle is not able to be repaired after numerous attempts.
Can I return a used car to a dealership in Texas?
Yes. If you purchased your car from a licensed dealer in Texas, you may have the right to return it under certain conditions. You must notify the dealer of any issue within seven days of purchasing the car, and then you are allowed up to three attempts at repairing the vehicle under implied warranties. If all processes fail, then you may be able to return the car and receive a full refund.
Can I sue a dealership for selling me a lemon in Texas?
Yes, under certain circumstances. If you believe that your car fits under the definition of a lemon (4 repair attempts or 30 days out-of-service) then you would be able to file a claim with the Texas Attorney General’s office and pursue legal remedies.
How to file a complaint against a car dealership in Texas?
If you would like to file a complaint against a car dealership in Texas for selling you a lemon, you can do so through the Consumer Protection Division of the Attorney General’s office. You can call 888-839-8682 or submit complaints online here.
Which of the following items can affect a lemon law claim?
All of the following items can affect a lemon law claim: whether the defective parts were covered under warranty; how many times the defect was attempted to be repaired before being deemed irreparable; whether the defect rendered the vehicle unusable; and whether or not the manufacturer had adequate opportunity to inspect or repair the car before it was deemed irreparable.
What 3 options does the Texas Lemon Law allow for with a vehicle?
The three options provided by the Texas Lemon Law are repair or replacement of the car; refund of the purchase price plus relevant fees; and reimbursement of consequential damages associated with owning a lemon-eligible vehicle.
What is the legal definition of a lemon?
Generally speaking, a “lemon” is defined as a motor vehicle that has been subject to four or more repair attempts under its manufacturer’s warranty within 30 days or less, or has been out of service for 30 days or more within one calendar year due to repairs.
Is lemon still good law?
Yes, the lemon law is still applicable across all fifty states in the US. It is important to note that each state may have different specifics related to their individual lemon laws, so it is important to check with local authorities about the details of your particular case.
Who holds car dealerships accountable in Texas?
In Texas, car dealerships are held accountable by both state and federal consumer protection laws, as well as state and federal regulators such as the Federal Trade Commission (FTC), National Highway Traffic Safety Administration (NHTSA) and Better Business Bureau (BBB).
Can you sue a dealership for selling you a bad car Texas?
Yes, you may sue a dealership for selling you a defective car in Texas. Under the Texas Deceptive Trade Practices Act (DTPA) you may recover up to three times the amount of actual damages caused by the violation, along with other applicable costs and attorneys’ fees.
What kind of lawyer do I need to sue a car dealership in Texas?
In order to successfully sue a car dealership in Texas, you should seek counsel from an experienced consumer protection attorney who is familiar with Lemon Laws and applicable regulations. An experienced attorney will help ensure that your rights are protected and that any remedies available are pursued.