DISCOVERING one or more major defects in a newly purchased vehicle is an auto consumer’s worst nightmare.
Fortunately, Texas has legislation known as the lemon law that protects drivers from faulty new cars.
What qualifies as a lemon car in Texas?
Texas’ lemon law will offer repairs, a refund, or a replacement car when the vehicle meets specific requirements.
Texas’ Department of Motor Vehicles (DMV) will deem a car a lemon when:
- There’s a significant manufacturing defect
- The defect is covered under the manufacturer’s warranty
- The vehicle’s owner reports the fault to a dealer or manufacturer within the warranty term
- The owner gives a dealership a reasonable number of tries to fix the defect
- The owner sends the manufacturer written notice (preferably by certified mail) of the deficiency and gives at least one chance to cure the defect
- The defect continues and substantially impairs the vehicle’s use or market value or creates a serious safety hazard
Does Texas have a 30-day lemon law?
You can determine that you’ve given a Texas dealer a reasonable amount of attempts to fix a car using the 30-day, four-times, or serious safety-hazard tests.
You’ll pass Texas’ 30-day test when your vehicle has been out of service for 30 days or more during the first 24 months or 24,000 miles, whichever comes first.
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If a similar loaner vehicle is provided during this 30-day period, the rental time will not be put toward the 30 days.
The four-times test requires you to take your car to a dealer four times for the same defect within the first 24 months or 24,000 miles.
You’ve passed if your vehicle isn’t fixed within the four-times test’s parameters.
Passing the serious safety hazard test means you tried to repair the car twice during the first 24 months or 24,000 miles.
Do you need a lawyer for the lemon law?
Hiring a lawyer isn’t required to receive approval on your lemon law claim, but an attorney will use their experience to streamline the application process.
Working with a lemon law lawyer will also decrease your chances of receiving less money than you’re entitled to.
Most lemon law cases require the car’s manufacturer to pay for the attorney’s services.
