Texas - Frequently Asked Questions - Your Lemon Law Rights®

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  • What is the Texas Lemon Law?

    The “Lemon Law” is a State law that requires the manufacturers of motor vehicles to either repurchase or replace the
    vehicle if it experiences defects that cannot be repaired after the manufacturer’s dealer has been provided a reasonable
    opportunity to do so.

  • Who Qualifies Under State of Texas Lemon Law?

    A consumer who has purchased or leased a new motor vehicle that later experiences a defect or condition that substantially
    impairs the motor vehicle’s use, market value or safety, may be eligible for relief under the

    Texas Lemon Law
    . The consumer must first give the automobile manufacturer a reasonable opportunity to repair the defect before they
    are eligible for lemon law relief.  Generally, a “reasonable opportunity to repair” is considered at least 4 repair
    attempts by the manufacturer within the first 2 years/24,000 miles of the vehicle’s life, whichever occurs first.   However,
    where the Lemon Law leaves off, federal law provides additional protection to consumers after the vehicle’s first 2
    years or 24,000 miles.

  • How long do I have to file a claim under the Texas Lemon Laws?

    Generally, the automobile owner must file a claim with the Texas Department of Transportation within 24 months from the
    automobile’s date of purchase or within 24,000 miles, whichever occurs first.  Once again, federal law supplements
    the protections of the Texas Lemon Law and provides consumers with at least 4 years to pursue a claim.

  • How do I file a lemon law claim in Texas?

    The attorneys at Krohn & Moss, Ltd. Consumer Law Center® can help you to file a claim to make sure that you meet
    all of the regulatory requirements for doing so.  We can assist you to fill out a Lemon Law complaint form with
    the Texas DMV and provide notice of the complaint to the automobile manufacturer to give them a last opportunity to
    repair defect.  The complaint is then reviewed by the assigned Texas DMV staff case advisor for completeness and
    eligibility and an attempt to resolve the complaint through mediation between the parties will be made.  If the
    claims cannot be resolved through mediation, the matter will be referred for a hearing before an assigned hearing examiner
    in which both parties will be able to present their case.  The hearing examiner will issue a final written decision
    to the parties on the matter within 60 days after the close of the hearing.  If either party is dissatisfied by
    the decision of the examiner, they may challenge the final order by filing a motion for rehearing with the Texas DMV.
    If still dissatisfied, the aggrieved party may file an appeal with a state district or appeals court in Travis County,
    Texas.  The experienced attorneys at Krohn & Moss, Ltd. Consumer Law Center® can help you through this process.

  • Is there a Lemon Law in Texas for a used car & new cars?

    The Texas Lemon law typically only applies to new vehicles.  However, consumers in Texas may use the federal Magnuson-Moss
    Warranty Act to provide them with relief for the purchase of any used car, truck, SUV or other consumer product. 
    The federal Act supplements the protections of the Texas Lemon Law to allow purchasers and lessees of any consumer product,
    whether new or used, to seek relief if the product turns out to be defective and cannot be repaired despite the consumer
    affording the manufacturer a reasonable opportunity to do so.

  • How long do I have to return a car under the Texas Lemon Law?

    An automobile owner cannot return the car until he/she has been awarded a replacement/repurchase of the automobile by
    the Texas Department of Transportation.

  • How does my lawyer get paid?

    The attorneys at Krohn & Moss, Ltd. will only charge a fee if they win your case.  While the Texas Department
    of Transportation generally does not award attorneys’ fees when rendering a decision, if the hearing examiner does not
    find in favor of the consumer, the consumer may file an appeal in a district or appeals court and attorneys’ fees may
    be awarded by the Court.  However, if you hire Krohn & Moss, Ltd. Consumer Law Center® and you do not
    prevail, we will not charge you for our time representing you.  In other words, we will only get paid if you get
    a recovery!

  • What documents are necessary to prove that my vehicle is a lemon?

    Your repair receipts are your best evidence.  Be sure to always request a copy of any repair receipts when you tender
    your vehicle for repair.   Whether you pay for the repair or not, you are entitled to a repair order receipt. 
    While these documents are all that we need to prove your claim, we may also request that you provide us with a copy
    of your purchase documents and registration.

  • What if my case isn’t covered by the Texas Lemon Law, do I have any other recourse?

    Yes, consumers in Texas may also use the federal Magnuson-Moss Warranty Act to provide them with relief for the purchase
    of any car, truck, SUV or other consumer product.  The federal Act supplements the protections of the Texas Lemon
    Law to allow purchasers and lessees of any consumer product, whether new or used, to seek relief if the product turns
    out to be defective and cannot be repaired despite the consumer affording the manufacturer a reasonable opportunity
    to do so.  Therefore, if you have a car, truck, SUV, or other consumer product that proves to be defective, contact
    Krohn & Moss, Ltd. Consumer Law Center® toll free at 800-875-3666 or by completing a

    free case review
    .

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