Have you purchased a car that keeps breaking down? Do the technology systems fail randomly and put you in danger? You may wonder what rights you have. The Texas lemon law helps Texans have recourse when dealing with problematic vehicles, but qualifying for compensation requires meeting specific rules. We will review the eligibility requirements and see how an expert Texas lemon law attorney can help you navigate these and pursue your claim.
Key Eligibility Requirements
To get started checking if your vehicle may qualify as a lemon, these two points are key to pursuing a claim.
1) Residency
One must be a resident of the Lone Star State to initiate a lemon law claim in Texas. The law specifically protects consumers who purchase or lease new vehicles from Texas-based dealers or lessors. Vehicles that are protected include not only passenger cars and trucks but also motorcycles, ATVs, vans, and other vehicles.
2) Substantial Defects
The heart of any lemon law claim centers on vehicle defects. To qualify, your vehicle must have a substantial defect that significantly impacts its use, value, or safety. Importantly, this defect must manifest within the warranty period. The law recognizes that serious manufacturing defects typically appear early in a vehicle’s life, making the warranty period a reasonable timeframe for claims.
Tests That Demonstrate How a Vehicle Could Qualify as a Lemon
Your vehicle usually has to “pass” or satisfy one of these tests to qualify as a lemon in Texas. It’s important, however, to rely on your attorney to guide you regarding your specific circumstances.
1) 30-Day Test
For this qualifier, your vehicle must sit out of service for 30 days or more due to a substantial defect, covered by your warranty. These don’t have to be 30 consecutive days. It doesn’t include any period where a replacement vehicle was provided by the dealership.
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The 30 days have to fall within the first two years of ownership or 24,000 miles, whichever comes first. There have to be two repair attempts without success during the first year, or 12,000 miles.
2) Four-Time Test
One of the most critical aspects of a successful claim involves documenting repair attempts. The law requires a clear timeline and number of required repair attempts to demonstrate that a vehicle truly qualifies as a “lemon.” This requirement exists for two reasons. First, it gives manufacturers a fair opportunity to address and correct issues. Second, it creates a documented history of persistent vehicle problems, solidifying the consumer’s case for compensation.
According to the Texas Lemon Law, a vehicle must undergo four repair attempts before the manufacturer has to provide compensation.
- These four attempts to fix the problem must happen within a specific time.
- Two repair attempts must happen within a year of buying the car or within the first 12,000 miles driven.
- The second and third repair attempts should occur within a year or 12,000 miles of the first attempt.
3) Serious Safety Hazard Test
Your attorney will advise you about what constitutes a serious safety hazard. This criteria means that your vehicle may involve you in a life-threatening situation. This test requires two visits, following this schedule:
- First repair attempt: within one year of the vehicle’s delivery to the consumer or the first 12,000 miles driven.
- Second repair visit: within one year or 12,000 miles driven after the first repair attempt.
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Timeframe to File a Claim
It’s important to be aware of when and how to file your claim. Work with your attorney, who will follow these requirements and timeframes set by the Texas Department of Motor Vehicles:
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File the complaint within six (6) months after the earlier of:
- Expiration of express warranty;
- 24 months after purchase; or
- 24,000 miles following the date of vehicle delivery (excludes TRVs).
Be sure to notify the manufacturer of the repair issues and document them.
Maintaining Eligibility Through Proper Care
Vehicle owners must demonstrate responsible ownership to be eligible for lemon law protection. If a vehicle is damaged through abuse, neglect, or unauthorized modifications, it will not qualify. This requirement ensures that manufacturers are held responsible only for genuine defects rather than damage caused by improper use or maintenance.
Compensation Process and Primary Remedies
When a vehicle qualifies under the lemon law, owners can pursue several forms of compensation. Three primary remedies are available. The Texas Department of Motor Vehicles reviews each case and makes a decision:
- Refund:This will include a refund of the purchase price, tax, and license, with a deduction made via a specific formula for the vehicle’s previous use. Your lemon law attorney can help explain this to you, as it applies to your situation.
- Replacement vehicle: After proving that the vehicle has a substantial defect that impairs its usage, value, or safety, a comparable replacement vehicle can be part of a settlement agreement.
- Repair:The manufacturer must fix the issues, and the vehicle owner may be reimbursed for warranty-covered repairs.
The specific compensation depends on factors such as the severity of the defect and the vehicle’s age and condition.
What About Used Cars and Other Issues Under the Law?
Most of what we have discussed so far has focused on filing claims for major problems with newer cars. Based on Texas law, there are times when you might be able to file a “lemon law” claim for a used car. Trying to navigate all of the new and used car eligibility requirements and the required time constraints can be a lot for a person to accomplish on their own. Allen Stewart, P.C. is your trusted law firm that will determine if you have a case and ensure claims are pursued efficiently and expertly.
Contact Allen Stewart, P.C. for Expert Lemon Law Representation
Although the Texas lemon law protects consumers strongly, there are strict rules about who can get compensation and how to pursue a claim. By retaining documentation, following the required repair attempt schedule, and properly maintaining their vehicles, Texas residents can pursue claims via the lemon law process.
With the help of Allen Stewart, P.C., hundreds of car owners have prevailed in lemon law cases involving vehicles plagued by chronic, irreparable problems. When you are dealing with a potential lemon vehicle, there is no room for error. Waiting too long or not knowing how to file your claim could make it harder to get the compensation you deserve.
Given the law’s complexity and the risk of missing claim filing dates or not knowing the protocols, pursuing a claim yourself is not advised. Trust the experts. Contact Allen Stewart, P.C., by calling 866-440-2460 or contact us online today.