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Texas Lemon Law

Auto Lemon Law Help and Information

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Texas Lemon Law
Texas became one of the first states to enact a lemon law when it passed legislation protecting automobile owners in 1983.

In 2002, more than 60% of those who filed complaints under the law received some type of relief. The law covers most motor vehicle sold for consumer use, including electric models.

For more, read on below.

car

The Texas auto Lemon Law covers new and leased cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles and neighborhood electric vehicles purchased or leased from a Texas dealer. As such, it is one of the most comprehensive lemon laws in the United States. Few states have laws that cover towed vehicles or electric vehicles. To that extent the Texas Lemon Law is remarkable.

Not covered are used vehicles, repossessed vehicles, boats, farm equipment, or damage to covered vehicles caused by abuse, neglect, unauthorized alteration or modification.

The law covers the vehicles mentioned above for a period of twelve months or 12,000 miles, whichever comes first.

In order to qualify as a lemon, a vehicle must have a nonconformity which affects the safety, ordinary use or value of the vehicle. If that nonconformity has not been successfully repaired in three or more attempts by the manufacturer, the vehicle qualifies as a lemon.

Alternatively, if the vehicle poses a serious safety hazard and you present it to the dealer for repairs once during the first year or 12,000 miles and once more during the next year or 12,000 miles, the vehicle qualifies as a lemon. This is rather unusual; most state laws allow only a single repair attempt for a defect related to vehicle safety, such as a steering or braking problem. Texas law requires two attempts for such a defect.

The vehicle also qualifies if it spent more than 30 cumulative days in the shop following an initial repair during the first year or 12,000 miles of service.

Once a vehicle qualifies as a lemon, the owners are entitled to an arbitration hearing with the state. This is done by having each side present their case before an Administrative Law Judge. The judge will listen to evidence from both the owner or his or her representative and the manufacturer’s representative. Based upon this evidence, the judge will rule on behalf of one party or the other.

Should the judge rule in favor of the owner, they shall be granted either a replacement vehicle or a refund of the purchase price. That refund will include taxes, license fees, registration fees and other fees associated with the purchase of a new vehicle. An adjustment will be made to allow for normal wear, tear, and use of the vehicle based on miles driven.

Most states that have arbitration panels require that the manufacturer accept the ruling but not the vehicle owner. Texas is an exception to this; either party may dispute the ruling of the arbitration judge by taking the case to court. Should this happen, vehicle owners are advised to consult with a qualified lemon law attorney.

A complete guide to the Texas Lemon Law can be found here.

If you are suffering difficulties with your automobile, truck or van, you may find that you need an attorney. LegalMatch can help find an experienced attorney for you in your area. Confidentiality is guaranteed, all attorneys are licensed, and the service is free.

 

 

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