One of the most common Texas Lemon Law questions is:
How many times does the dealership get to try to fix my vehicle?
The answer is not simply “four.”
Texas uses three different tests for determining when the manufacturer or authorized dealership is presumed to have received a reasonable opportunity to repair a defective vehicle.
Those are the four-times test, serious safety-hazard test, and 30-day test.
The Four-Times Test
The rule most consumers hear about is Texas’s four-times test.
You satisfy it when the vehicle is taken to the dealership:
- Four times;
- For the same defect;
- During the first 24 months or 24,000 miles, whichever comes first; and
- The defect still is not repaired.
For example, suppose a new vehicle repeatedly hesitates and loses acceleration.
The dealer performs four different repairs before 20,000 miles, but the same symptoms continue.
That repair history could make the four-times test particularly important.
Does the Dealer Need to Perform the Same Repair Four Times?
No.
The test concerns the same defect, not necessarily the same replacement part.
A dealer might:
- Update software.
- Replace a sensor.
- Replace a control module.
- Replace a transmission component.
If the original defect persists, these may still represent attempts to correct the same underlying problem.
The Serious Safety-Hazard Test
Texas uses a lower threshold for qualifying dangerous defects.
A consumer satisfies the serious safety-hazard test when the vehicle is presented for repair twice during the first 24 months or 24,000 miles and the qualifying safety defect remains unresolved.
TxDMV defines a serious safety hazard as a life-threatening malfunction that significantly interferes with normal vehicle control or operation or creates a substantial risk of fire or explosion.
Potential examples can involve severe braking, steering, fire, or control problems.
Whether a specific condition meets the legal definition depends on the facts.
The 30-Day Test
The third option focuses on downtime rather than the number of repair visits.
A vehicle can satisfy the 30-day test when:
- It has been out of service for repairs for 30 total days or more;
- The repairs concern a defect covered by the original factory warranty;
- The days fall within the first 24 months or 24,000 miles; and
- A substantial defect still exists.
The 30 days do not need to be consecutive.
Loaner Vehicles Can Change the Calculation
Texas has an important limitation.
If the consumer received a comparable loaner vehicle while the defective vehicle was being repaired, those days do not count toward the 30-day test.
Keep all loaner documentation.
What If the Dealer Says “Could Not Duplicate”?
A “could not duplicate” repair visit may still be relevant because it can show that the consumer presented the vehicle for a particular complaint.
Make sure the repair order accurately describes what happened.
For intermittent defects, safely document warning lights, error messages, dates, mileage, and conditions under which the problem occurs.
Does Passing One Test Automatically Guarantee a Buyback?
No.
The tests help establish that the manufacturer or dealership received a reasonable number of opportunities to repair.
The other Texas requirements still matter.
The vehicle generally must have a substantial manufacturing defect covered by the manufacturer’s written warranty, the problem must have been timely reported, written manufacturer notice must be given, and the defect must remain and substantially impair use or market value or constitute a serious safety hazard.
Do Not Ignore the Deadline While Counting Repairs
A Texas Lemon Law complaint must be filed within six months following the earlier of warranty expiration, 24 months after purchase, or 24,000 miles after delivery, with special rules for certain TRVs.
Do not keep adding repair attempts indefinitely without checking the filing deadline.
If your vehicle has reached the four-repair test, two serious safety repairs, or substantial downtime, consider having the repair records reviewed by a Texas Lemon Law lawyer.
This article provides general information and is not legal advice.
