Texas Lemon Law – Complete Consumer Guide

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    Texas Lemon Law – Complete Consumer Guide

    The Texas Lemon Law protects buyers and lessees of new motor vehicles that have substantial defects the manufacturer can’t repair within a reasonable number of attempts.

    If your vehicle is a “lemon,” you may be entitled to a replacement, refund, or other compensation — plus reimbursement for certain expenses.

    1. Does the Texas Lemon Law Apply to You?

    Covered Vehicles

    • New passenger cars, trucks, motorcycles, motor homes, ATVs

    • Purchased or leased in Texas

    • For personal, family, or household use (some business-use vehicles may qualify)

    • Defects occurring within the first 24 months or 24,000 miles, whichever comes first

    Not Covered

    • Used vehicles not still under the original manufacturer’s warranty

    • Boats, farm equipment, or repossessed vehicles sold “as-is”

    2. What Qualifies as a “Lemon” in Texas

    The vehicle must have a defect that:

    1. Is covered by the manufacturer’s warranty; AND

    2. Substantially impairs the use, market value, or safety of the vehicle; AND

    3. Persists after a “reasonable number of attempts” to repair.

    Reasonable number of attempts in Texas generally means:

    • Four Attempt Test – Four or more unsuccessful repair attempts for the same defect; OR

    • Serious Safety Hazard Test – Two or more attempts for a life-threatening defect within the first 24 months/24,000 miles; OR

    • 30 Day Test – Out of service for repair for 30 or more cumulative days during the first 24 months/24,000 miles.

    3. Your Rights Under the Law

    If your vehicle meets the Lemon Law requirements, you may receive:

    • Replacement vehicle of comparable value

    • Repurchase (refund of the purchase price minus a reasonable allowance for use)

    • Reimbursement for towing, rental, and other incidental expenses

    • Potential attorney’s fees if litigation is required and you prevail

    4. The Process – Step-by-Step

    Step 1 – Report the Problem

    • Take your vehicle to the manufacturer’s authorized dealer for repairs.

    • Keep all repair orders and receipts.

    Step 2 – Written Notice to Manufacturer

    • If the defect continues, send written notice to the manufacturer by certified mail.

    • Give them a final opportunity to repair.

    Step 3 – State-Run Lemon Law Hearing

    • Texas requires you to file a complaint with the Texas Department of Motor Vehicles (TxDMV) Lemon Law Program before you can go to court.

    • A TxDMV hearing officer will review evidence and issue a decision.

    Step 4 – Appeal or Litigation

    • If you disagree with the TxDMV decision, you can appeal to a state court.

    5. The Litigation Process in Texas Lemon Law Cases

    If your case proceeds to court after the TxDMV process:

    A. Filing the Lawsuit

    • Filed in Texas state court or federal court (if applicable)

    • Claims may include:

      • Texas Lemon Law

      • Magnuson-Moss Warranty Act

      • Texas Deceptive Trade Practices Act (DTPA)

    B. Discovery Phase

    • Exchange of documents and sworn testimony

    • We request:

      • Repair history

      • Manufacturer’s internal defect reports

      • Technical bulletins

    C. Expert Inspections

    • Independent experts document the defect and repair history.

    D. Settlement Negotiations

    • Many cases settle before trial:

      • Buyback

      • Replacement

      • “Cash and keep” compensation

      • Expense reimbursement

    E. Trial

    • Judge or jury decides whether your car meets the Lemon Law definition and determines your remedy.

    • If you win, the court may order the manufacturer to pay your attorney’s fees.

    6. Common Myths About the Texas Lemon Law

    • Myth: “I can skip the TxDMV hearing and go straight to court.”
      Truth: In most cases, you must go through the TxDMV process first.

    • Myth: “It only applies to cars.”
      Truth: It covers trucks, motorcycles, motor homes, and ATVs, if they meet the criteria.

    • Myth: “It’s too expensive to file.”
      Truth: TxDMV fees are low, and if you go to court and win, the manufacturer may pay your legal costs.

    7. How We Help

    At Ginsburg Law Group, we:

    • Review your purchase and repair history

    • Prepare and file your TxDMV Lemon Law complaint

    • Represent you at the hearing and, if necessary, in court

    • Seek the maximum recovery available under Texas law

    8. What to Do Now

    1. Gather Your Records

      • Purchase/lease agreement

      • All repair orders and receipts

      • Correspondence with the dealer or manufacturer

    2. Contact Us

    3. Act Fast

      • The Lemon Law rights period in Texas is 24 months or 24,000 miles, whichever comes first.

    CLICK HERE FOR TX LEMON LAW STATUTE.