Filing a Texas Lemon Law claim involves more than telling the dealership that your vehicle is a lemon.
Texas has specific requirements involving repair attempts, manufacturer notice, filing deadlines, and an administrative complaint with the Texas Department of Motor Vehicles.
Following those steps carefully can help prevent avoidable problems.
Step 1: Keep Every Repair Order
Begin with documentation.
Each repair order should show:
- Date
- Mileage
- Problem reported
- Dealer diagnosis
- Repairs performed
- Date vehicle was returned
TxDMV specifically advises consumers to keep all repair orders and maintain a log of recurring vehicle problems.
Step 2: Determine Whether the Defect Is Substantial
Texas generally requires a substantial manufacturing defect covered by the manufacturer’s written warranty.
The defect must continue to substantially impair use or market value or constitute a serious safety hazard.
Step 3: Compare Your Repairs With the Texas Tests
Texas uses:
- Four-times test
- Serious safety-hazard test
- 30-day test
The four-times test involves four repairs for the same defect during the first 24 months or 24,000 miles.
The serious-safety test involves two attempts for a qualifying safety hazard.
The 30-day test involves 30 qualifying days out of service.
Step 4: Notify the Manufacturer in Writing
Texas requires written manufacturer notice and at least one opportunity for the manufacturer to cure the defect.
TxDMV recommends certified mail.
Your letter should clearly identify:
- Your name
- Vehicle
- VIN
- Defect
- Repair history
- Continuing problem
Keep proof of delivery.
Step 5: Check the Deadline
A Texas Lemon Law complaint must be filed within six months following the earlier of:
- Express warranty expiration
- 24 months after purchase
- 24,000 miles after delivery, with an exception for certain TRVs.
Check this before waiting for another repair.
Step 6: File With TxDMV
TxDMV currently allows consumers to file through its Motor Vehicle Dealer Online Complaint System.
A request for repurchase or replacement requires a $35 filing fee.
Provide the requested supporting documentation.
Step 7: TxDMV Reviews the Case
TxDMV administrative staff and a case advisor review the complaint for completeness and eligibility.
TxDMV then attempts to help the parties resolve the matter through mediation.
A settlement can occur at this stage.
Step 8: Administrative Hearing
If the case is not resolved, it may be referred to the Office of Administrative Hearings.
The consumer and manufacturer can present evidence and witnesses before a hearing examiner.
Consumers do not have to hire attorneys, although they may choose to do so.
Step 9: Decision
After the hearing record closes, the hearing examiner must issue a written decision and final order within 60 days.
Possible remedies include repurchase, replacement, or repair.
Step 10: Rehearing or Appeal
A party dissatisfied with the final order may seek rehearing.
Further appeal may proceed to a state district court in Travis County under the procedures described by TxDMV.
Organize Your Claim Before Filing
Create one file containing:
- Purchase agreement
- Warranty
- Repair orders
- Manufacturer notice
- Proof of delivery
- Loaner records
- Photos or videos
- Current mileage
- Registration
- Loan or lease paperwork
An organized claim is easier to understand and present.
If you are unsure whether you have satisfied the Texas repair tests or filing deadline, consider consulting a Texas Lemon Law lawyer before filing.
This article provides general information and is not legal advice.
