If you purchased or leased a vehicle in Texas and it keeps going back to the dealership for the same problem, you may be wondering whether your vehicle qualifies as a lemon.
The Texas Lemon Law provides important protections for consumers with certain defective vehicles that manufacturers or authorized dealers have been unable to properly repair. Depending on the circumstances, an eligible consumer may be able to obtain a repurchase, replacement, or repair of the vehicle.
Texas Lemon Law claims, however, involve specific requirements concerning warranty coverage, repair attempts, notice to the manufacturer, and filing deadlines. Simply having a defective vehicle does not automatically make it a lemon.
Here is what Texas vehicle owners and lessees should know.
What Is the Texas Lemon Law?
The Texas Lemon Law is administered by the Texas Department of Motor Vehicles (TxDMV) and is contained in Chapter 2301, Subchapter M of the Texas Occupations Code.
The law is intended to assist consumers who purchase or lease covered motor vehicles and experience repeated problems getting warranty defects properly repaired.
If the requirements of the law are satisfied, TxDMV may order an appropriate remedy, including repair, replacement, or repurchase of an eligible vehicle.
What Vehicles Are Covered by Texas Lemon Law?
According to TxDMV, the Texas Lemon Law can cover new:
- Cars
- Trucks
- Vans
- Motorcycles
- All-terrain vehicles
- Motor homes
- Towable recreational vehicles
- Neighborhood electric vehicles
Demonstrator vehicles that have not previously been titled are also considered new vehicles for these purposes.
Certain vehicles are excluded, including repossessed vehicles, non-travel trailers, boats, and farm equipment.
Whether a particular vehicle qualifies should always be evaluated based on its individual circumstances.
How Do You Know If Your Car Is a Lemon in Texas?
Texas does not treat every vehicle requiring multiple repairs as a lemon.
According to TxDMV, several requirements generally must be satisfied. Among other things, the vehicle must have a substantial manufacturing defect covered by the manufacturer’s written warranty; the defect must be reported within the warranty term; the manufacturer or dealer must receive a reasonable number of opportunities to repair it; and the manufacturer must receive written notice and at least one opportunity to cure the defect.
The problem must also continue to exist and substantially impair the vehicle’s use or market value or constitute a serious safety hazard.
This makes the vehicle’s repair history extremely important.
A consumer who has repeatedly returned to an authorized dealer for the same transmission problem, electrical malfunction, engine defect, loss of power, braking problem, or other warranty concern should keep every repair record.
How Many Repair Attempts Are Required Under Texas Lemon Law?
This is one of the most important features of the Texas Lemon Law.
Texas uses several tests to determine when a manufacturer or authorized dealer may be presumed to have received a reasonable number of repair opportunities.
Depending on the circumstances, a consumer may satisfy the:
- Four-times test
- Serious safety-hazard test
- 30-day test
These tests are different, so consumers should not assume that every Texas Lemon Law case requires four unsuccessful repair attempts.
The Texas Lemon Law Four-Times Test
Under TxDMV’s four-times test, the consumer takes the vehicle to a dealership for repair of the same defect four times within the first:
24 months or 24,000 miles, whichever comes first.
The defect must remain unrepaired.
For example, suppose a vehicle repeatedly experiences severe transmission hesitation.
The consumer takes it to an authorized dealership four times during the first 18,000 miles.
The dealership performs software updates, replaces components, attempts additional repairs, but the transmission problem continues.
Those facts could make the four-times test particularly important in evaluating the consumer’s potential Texas Lemon Law rights.
The exact facts and repair documentation still matter.
The Texas Serious Safety-Hazard Test
Texas provides a different test for certain particularly dangerous defects.
TxDMV describes a serious safety hazard as a life-threatening malfunction that substantially interferes with the ability to control or operate the vehicle normally or creates a substantial risk of fire or explosion.
Under the serious safety-hazard test, two repair attempts during the first 24 months or 24,000 miles, whichever occurs first, may satisfy the test if the serious safety defect remains unrepaired.
Potential safety-related complaints could involve circumstances such as loss of vehicle control, fire risks, or other serious malfunctions, although whether a particular defect meets Texas’s legal definition depends upon the facts.
Consumers experiencing potentially dangerous vehicle problems should clearly describe the symptoms on their repair orders.
The Texas Lemon Law 30-Day Test
Repair attempts aren’t the only thing that matters.
The amount of time a defective vehicle spends out of service can also be significant.
Under TxDMV’s 30-day test, a vehicle may satisfy the test when it has been out of service for repairs for a defect covered by the original factory warranty for a total of 30 days or more during the first 24 months or 24,000 miles and a substantial defect continues to exist.
Those 30 days do not have to occur consecutively.
There is an important qualification: if the consumer received a comparable loaner vehicle while the vehicle was being repaired, TxDMV states that the applicable loaner period does not count toward the 30 days.
This makes it important to keep records showing exactly when the vehicle entered and left the dealership and whether a comparable loaner was provided.
Does Texas Lemon Law Cover Used Cars?
Used vehicles present a more complicated issue.
Texas does not simply provide the same repurchase and replacement remedies for every used vehicle that it provides for qualifying new vehicles.
TxDMV states that a used vehicle may receive warranty-performance protection when it remains covered by the manufacturer’s original warranty—not merely an extended service contract—or when the defect began and was reported to the dealer while the vehicle was covered by the manufacturer’s original warranty and the problem continues to exist.
TxDMV’s dealer guidance further states that there is no Lemon Law relief for a used vehicle purchased with no remaining manufacturer’s warranty.
TxDMV also specifically notes that only new vehicles qualify for refund or replacement through its Lemon Law process.
Used-car owners should therefore have their individual warranty situation evaluated rather than assuming either that they definitely qualify or that they have no rights.
Does Texas Lemon Law Cover Leased Vehicles?
Yes, qualifying leased vehicles can be covered.
TxDMV describes the Texas Lemon Law as providing protection to consumers who buy or lease new motor vehicles and encounter repeated problems obtaining proper warranty repairs.
Lessees should keep the same detailed repair records as purchasers.
What Problems Can Qualify for Texas Lemon Law?
The focus isn’t simply on whether the vehicle has something wrong with it.
The defect must satisfy the requirements of Texas law.
TxDMV states that the continuing defect must substantially impair the vehicle’s use or market value or create a serious safety hazard.
Minor problems such as small rattles or radio static generally do not qualify merely because they are annoying.
More significant recurring problems may potentially involve systems such as:
- Engine
- Transmission
- Steering
- Brakes
- Electrical system
- Battery or charging system
- Vehicle safety systems
- Powertrain
- Fuel system
- Persistent water intrusion
- Other major components
The particular symptoms, their severity, warranty coverage, and repair history determine whether a specific problem satisfies the law.
Do You Have to Notify the Manufacturer?
This is extremely important in Texas.
Consumers should not assume that repeatedly bringing the vehicle to the dealership is the only step necessary.
TxDMV states that the owner must provide the manufacturer written notice of the defect and give the manufacturer at least one opportunity to cure the problem.
TxDMV recommends sending the notice by certified mail.
Failure to properly address notice requirements can create problems with an otherwise potentially valid claim.
Consumers should therefore pay careful attention to manufacturer notice requirements rather than relying solely on conversations with dealership employees.
How Long Do You Have to File a Texas Lemon Law Complaint?
Texas has a specific administrative filing deadline.
According to TxDMV, a Lemon Law complaint must be filed within six months following the earlier of:
- Expiration of the express warranty term;
- 24 months after purchase; or
- 24,000 miles following delivery of the vehicle.
Different mileage considerations apply to certain vehicles such as towable recreational vehicles.
Because the deadline is tied to whichever applicable event occurs first, waiting can be risky. TxDMV itself advises consumers to file as soon as they realize the dealer is having difficulty repairing the vehicle.
A consumer should therefore avoid assuming that there will always be plenty of time simply because the vehicle remains under some form of warranty.
What Can You Get Under the Texas Lemon Law?
Depending upon the circumstances, Texas Lemon Law relief may include:
Vehicle Repurchase
If TxDMV orders a repurchase of a qualifying new vehicle, the manufacturer generally must buy back the vehicle.
TxDMV explains that the repurchase calculation includes the purchase price as well as taxes and title and license fees, subject to an amount charged for the consumer’s use of the vehicle.
Interest paid on the vehicle is not included in the TxDMV refund calculation described by the agency.
Replacement Vehicle
Another potential remedy is replacement.
TxDMV states that a manufacturer may be ordered to replace a defective vehicle with one comparable to the original vehicle and acceptable to the consumer, subject to the applicable mileage/use adjustment. The consumer is responsible for vehicle upgrades.
Repair
TxDMV may also order the manufacturer to repair the vehicle.
Certain out-of-pocket repair expenses for work that should have been covered by the warranty may also be reimbursable.
Which remedy is available depends on the circumstances of the case.
How Do You File a Texas Lemon Law Claim?
The Texas administrative process begins with a complaint to the Texas Department of Motor Vehicles.
TxDMV currently states that a consumer seeking Lemon Law relief files a complaint and pays a $35 filing fee when seeking repurchase or replacement.
After filing, TxDMV staff review the complaint for completeness and eligibility and attempt to help resolve the dispute through mediation.
If the matter cannot be resolved, it may proceed to a hearing before a hearing examiner.
After the hearing record closes, the hearing examiner issues a written decision and final order. TxDMV states that the decision must be issued within 60 days after the hearing record closes.
The parties can seek rehearing and potentially pursue further appeal rights.
Do You Need a Texas Lemon Law Lawyer?
Consumers are permitted to represent themselves in the TxDMV administrative process. An attorney is not mandatory.
TxDMV specifically states that consumers may represent themselves at an administrative Lemon Law hearing. However, the hearing examiner cannot provide legal advice.
Whether obtaining legal representation makes sense depends on the situation.
A Texas Lemon Law attorney may be able to help evaluate issues such as:
- Whether the vehicle meets the statutory requirements
- Whether repair attempts involve the same defect
- Whether the defect substantially impairs use or market value
- Whether a condition qualifies as a serious safety hazard
- Whether notice requirements have been satisfied
- Whether filing deadlines are approaching
- Whether a manufacturer’s proposed settlement is appropriate
- What other warranty rights or legal remedies may exist
Consumers should also remember that the TxDMV administrative Lemon Law procedure is not necessarily the only potentially relevant legal remedy. Other state or federal warranty laws may apply depending upon the facts.
What Records Should You Keep for a Texas Lemon Law Claim?
Documentation can make an enormous difference.
Keep copies of:
- Purchase or lease agreement
- Manufacturer’s warranty
- Every repair order
- Service invoices
- Tow records
- Rental or loaner vehicle documents
- Emails with the dealership
- Text messages
- Communications with the manufacturer
- Photos and videos of recurring problems
- Warning-light photographs
- Records showing when the vehicle was unavailable
- Written notice sent to the manufacturer
- Proof showing when the manufacturer received the notice
TxDMV specifically recommends keeping repair orders and maintaining a log of recurring vehicle problems.
When taking the vehicle to the dealership, make sure the repair order accurately describes what the vehicle is doing, not merely what the service department believes may be causing it.
For example:
Instead of:
“Check transmission.”
A more useful description might be:
“Vehicle hesitates, jerks and loses acceleration when shifting between approximately 30 and 45 mph.”
That creates a clearer record if the same symptom occurs again.
What If the Dealer Says It Cannot Duplicate the Problem?
Intermittent vehicle problems can be difficult to diagnose.
A repair order stating “could not duplicate” does not necessarily erase the fact that the consumer brought the vehicle to the dealership and reported the problem.
If an intermittent defect continues, document it whenever safely possible.
Record:
- Date
- Mileage
- Warning messages
- Driving conditions
- Speed
- Weather conditions
- Whether the engine was cold or warm
- Photos or video when appropriate
And continue reporting the problem accurately to an authorized repair facility.
What Should You Do If You Think Your Vehicle Is a Texas Lemon?
Start by creating a complete repair timeline.
Write down:
- The vehicle’s purchase or lease date.
- Its delivery mileage.
- When the defect first appeared.
- Every repair visit.
- Mileage at each visit.
- What you reported.
- What the dealership attempted to repair.
- How many days the vehicle remained unavailable.
- Whether you received a comparable loaner.
- Whether the defect returned.
- When you notified the manufacturer in writing.
Then compare that history with the Texas four-times, serious safety-hazard, and 30-day tests.
Most importantly, do not ignore the Texas filing deadline simply because repairs are continuing.
Get Help With a Texas Lemon Law Claim
If your car, truck, SUV, motorcycle, EV, RV, or other potentially covered vehicle continues experiencing significant warranty problems after repeated repairs, you may have rights under the Texas Lemon Law or other warranty laws.
A Texas Lemon Law case can involve much more than simply counting repair visits. Warranty coverage, timing, mileage, notice, severity of the defect, days out of service, and the manufacturer’s opportunity to repair the vehicle can all affect the analysis.
Having the complete repair history reviewed can help determine whether your vehicle may qualify for a buyback, replacement, repair, or another available remedy.
This article provides general information and is not legal advice. Texas Lemon Law rights depend on the facts of each case, and laws, regulations, procedures, and deadlines can change.
