Learn the Basics of the Texas Lemon Law

The Texas Lemon Law dictates that consumers who’ve purchased or leased a new vehicle are entitled to a refund or a replacement if the vehicle is a lemon. This law applies to cars, trucks, motorcycles, and a variety of other motor vehicles, including motor homes and towable RVs.

If you have a lemon, the Texas Lemon Law attorneys at Krohn & Moss, Ltd. will fight to get you the compensation you deserve. We provide every client with a free case review, and we never charge a fee until we win your case. Even then, the manufacturer may be responsible for your legal fees. In these cases, our attorney will represent you at no cost to you!

Call us today at (866) 388-8290 to schedule your free Lemon Law case review!

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What Qualifies as a Lemon under the Lemon Law in Texas?

For a vehicle to qualify as a lemon in Texas, it must have a defect that’s covered by the manufacturer’s written warranty. The defect must substantially diminish the value, use, or safety of the vehicle.

You must also report the defect while the warranty is still effective for your vehicle to qualify as a lemon. Then, you must grant the dealer a reasonable number of attempts (defined below) to fix the issue. Lastly, you must provide the manufacturer with written notice of the defect and a final opportunity to fix it – a process we will handle for you.

If the defect is still present after you’ve taken the above steps, the vehicle qualifies as a lemon. To receive the compensation you’re entitled to, you must file a Lemon Law complaint within six (6) months of:

  • The expiration of the vehicle’s warranty
  • 24 months of the original purchase date
  • Traveling 24,000 miles with the vehicle

The Texas Lemon Law relies on the earliest of the above dates. So if you have a lemon, contact us as soon as possible. Doing so will ensure that we have the time we need to meet these deadlines and get you the refund or replacement vehicle you’re owed.

What Is a ‘Reasonable Number of Repair Attempts’?

Texas state law defines “reasonable number of repair attempts” in three different ways:

  • Two (2) attempts for defects that are significant safety hazards
  • Four (4) attempts for other defects
  • Any number of attempts that take a total of 30 days or more

All three definitions require the attempts to take place within the first 24 months or 24,000 miles of the vehicle’s life, whichever comes first. Additionally, any time the dealer or manufacturer provides you with a comparable loaner while servicing your vehicle does not count toward the 30-day limit.

Our team of Texas Lemon Law lawyers makes it easy to get the compensation you deserve. Texas requires lemon owners to jump through a number of hoops before their vehicle can be officially called a lemon. To prevent you from suffering through more frustration, we’ll handle these obstacles on your behalf.

In many cases, we can even convince manufacturers to settle before taking those steps. In fact, 99% of our cases settle without going to trial. We’ve handled cases for vehicles of every make and model. Because of this, manufacturers generally know not to waste their time or money paying their legal teams to oppose us.

We know the Texas Lemon Law, as well as every other law that protects consumers, inside and out. Although the Texas Lemon Law doesn’t hold manufacturers responsible for your attorney fees, the federal Magnuson-Moss Warranty Act does. And we use every law on the books to get you the maximum compensation. So even in Texas, we often represent clients without charging them a single cent.

You’ve spent enough time trying to deal with your lemon already. Let us handle the rest. Contact us today at 866-388-8290 to get a free case review.

Why Choose Krohn & Moss as Your Texas Lemon Law Firm?

  • 25+ Years of Experience Turning “Lemons” into “Lemon-Aid”
  • Over 60,000 Success Stories Nationwide
  • Accomplished, Trustworthy Attorneys
  • Responds to All Inquiries within 24 Hours
  • No Fees Unless We Win Your Case
  • We Always Seek Maximum Compensation for Clients

Frequently Asked Questions

Texas Lemon Law FAQ

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What Is the Lemon Law in Texas?

The Texas Lemon Law is a state law designed to protect consumers who’ve purchased or leased a new vehicle. It does so by holding manufacturers responsible for defective vehicles, requiring them to refund or replace any that they fail to repair after a reasonable number of attempts.

Texans can also turn to the Magnuson-Moss Warranty Act if they purchase or lease a lemon. This federal law provides broader protections, making it possible to pursue claims even after the filing window for the state law has expired.

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Who Qualifies for Compensation Under the Texas Lemon Law?

To qualify for compensation under the Texas Lemon Law, a consumer must be a resident of Texas and purchase or lease their vehicle within the state. Additionally, the law only covers those who purchase or lease a new vehicle at retail. Although there are some exceptions to this rule.

Like all Lemon Laws, the Texas version requires consumers to provide manufacturers with a reasonable number of repair attempts before pursuing a claim. In Texas, that translates to four repair attempts for any single defect. However, if the defect poses a significant safety risk, two attempts will suffice. In both cases, at least half of the repair attempts must take place within the first 12 months and 12,000 miles of ownership.

Vehicles may also qualify for compensation if they are out of service for repairs for a total of 30 days within 24 months and 24,000 miles of the original purchase date. Plus, the federal Lemon Law only requires a single repair attempt in some cases. And as long as the vehicle is under warranty when you report its defect(s), it qualifies for protection under federal law.

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How Long Do I Have to File a Claim under the Texas Lemon Laws?

From the original purchase date, consumers have a maximum of 30 months to file a claim under the Texas Lemon Law. However, the reporting period is shorter for vehicles that get a lot of use. Officially, you have six months to file a claim after either A) the warranty expires B) the vehicle has been driven 24,000 miles, or C) 24 months have passed since the original purchase date.

The six-month filing deadline begins on the earliest of these three dates. Thus, it’s important to take action as soon as you think you may have a lemon. You can get started with a free case review today.

That said, if you miss the deadline to file a Texas Lemon Law claim, you still have options. The Magnuson-Moss Warranty Act allows you to file a claim for up to four years after your warranty was breached. For vehicles, that often means four years from the date of the first failed repair attempt. Still, the sooner you act, the greater your chances of success.

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How Do I File a Lemon Law Claim in Texas?

Filing a Lemon Law claim in Texas is fairly straightforward when you have an experienced attorney in your corner. Our team at Krohn & Moss, Ltd. Consumer Law Center® can assist you with every step of the process, from gathering evidence to providing written notice of the defect to the manufacturer and ultimately taking your case to trial. Although, more than 99% of our cases settle without going to trial.

For those who prefer to represent themselves, let’s walk through the process of filing a claim from beginning to end. Before you can file a claim, you need to provide the manufacturer with written notice of the defect via certified mail, which we can handle on your behalf.

Next, you’ll need to provide the manufacturer with one final chance to repair the vehicle. With this in mind, we recommend sending written notice after a single failed repair attempt for safety issues or after three such attempts for less serious defects.

When this final repair attempt fails to solve the problem, you must then present your case to the Texas DMV. Their staff case advisor will review your claim and attempt to resolve the matter via mediation between you and the manufacturer. If mediation fails to solve the problem, you will be assigned a hearing date for your case.

During the hearing, both you and the manufacturer will present your cases to the hearing examiner. After doing so, the examiner has 60 days to issue their ruling. If either party is dissatisfied with the outcome, they may file a motion for a rehearing with the Texas DMV. And, if the rehearing proves similarly dissatisfying, you may appeal the decision with a state, district, or appellate court.

As you can see, the law does ask Texans to jump through a few hoops before they can collect the compensation they deserve. But with an experienced Texas Lemon Law attorney in your corner, the process is far less complicated than the preceding paragraphs make it out to be.

In most cases, all we need from you is your vehicle’s repair history and any sales or warranty documentation you have. And, if you don’t have access to such records, we can usually obtain them on your behalf. So, rather than fighting a giant corporation’s legal team by yourself, reach out to us today for a free case review so we can help you collect the compensation you’re owed.

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What is the Texas Lemon Law For Used Cars?

The Texas Lemon Law typically only applies to new vehicles. However, if you purchased a used vehicle that was still under warranty, it may still be covered. As long as the vehicle meets the definition of a lemon, it’s protected under the Texas Lemon Law, whether or not you’re the original owner.

Such cases hinge on the date of the repair attempts. Texas Lemon Law requires at least half of the repair attempts needed to qualify as a lemon take place within the first 12 months or 12,000 miles of the date the original owner takes possession of the vehicle. And the remaining attempts must take place within the following 12 months or 12,000 miles.

If you, the original owner, or a combination of the two provide the manufacturer with a reasonable number of repair attempts within those time frames, the vehicle is eligible for compensation under the Texas Lemon Law. Plus, other laws offer similar protection. If your used car is a lemon, call 1-866-525-8345 so we can provide a free case review and advise you on the best course of action.

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How Long Do I Have to Return a Car under the Texas Lemon Law?

Although the Texas Lemon Law does provide consumers with an opportunity to exchange their lemon for a refund or a replacement vehicle, it does not allow them to simply return their vehicle as if it were a bad piece of fruit. All vehicle sales in Texas are final. Returns must be awarded by the Texas Department of Transportation or agreed to as part of a settlement.

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How Does My Lawyer Get Paid?

At Krohn & Moss, Ltd., we only get paid if you do. Plus, if we win your case as a breach of warranty claim under the Magnuson-Moss Warranty Act, the manufacturer will be required to pay your attorneys’ fees! In such cases, our clients receive exceptional representation and the pleasure of billing the car company for our help.

However, some clients stand to gain a greater recovery if we argue their case under the Texas Lemon Law as opposed to the federal one. If you’re dissatisfied with the ruling from the hearing examiner for your Texas Lemon Law claim, you may file an appeal in a district or appellate court. And those courts have the power to award you attorneys’ fees in addition to the compensation for your lemon itself.

In any case, you’ll never have to write a check when you hire Krohn & Moss, Ltd. Consumer Law Center® for your Lemon Law case. We only charge for our services if you prevail. In other words, we will only get paid if you do.

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Who Administers the Lemon Law in Texas?

The Texas Department of Transportation’s Motor Vehicle Board and Motor Vehicle Division administer Lemon Law cases in the state. Because of this, the process of filing a Lemon Law claim in Texas is slightly different than doing so in other states.

In Texas, you begin the process by filing your complaint with the DMV. A case advisor from the DMV will then attempt to mediate a resolution between you and the manufacturer. Outside of Texas, this process isn’t typically run by the State. Instead, manufacturers often establish informal dispute resolution procedures, which must conform to specific regulations and be administered by independent third parties.

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What If My Case Isn’t Covered by the Texas Lemon Law, Do I Have Any Other Recourse?

Yes, the federal Magnuson-Moss Warranty Act allows you to hold manufacturers responsible for any defective products that sell for $10 or more. Like the Texas Lemon Law, the federal Act requires you to provide the manufacturer with a reasonable number of attempts to repair the product before you can make a claim. But in some cases, a single repair attempt may suffice.

So, as soon as you suspect you may have a lemon, reach out to us for a free case review. If you have a legitimate claim, we’ll be happy to represent you. And remember we don’t get paid unless you do. Plus, if we win your case under the Magnuson-Moss Warranty Act, the manufacturer will have to pay your attorneys’ fees in addition to your recovery!

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Does Texas Have a Lemon Law?

Yes, Texas has a lemon law that’s administered by the Texas Department of Motor Vehicles. The law primarily covers new motor vehicles that have a substantial, warranty-covered defect. It gives consumers the opportunity to request an appropriate remedy from the manufacturer, like a repair, repurchase, or replacement.

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What Is the Texas Lemon Law For Used Cars?

The Texas Lemon Law was designed primarily to cover new cars. However, if you have a used car that’s still under the manufacturer’s written warranty, or it was under warranty when the issue first surfaced, you may have a valid lemon law claim. If your used vehicle doesn’t qualify under the Texas Lemon Law, you may have recourse under the Magnuson-Moss Warranty Act. This is a Federal law that expands upon the protections provided in the Texas state law.

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What Is the Texas Lemon Law Time Limit?

To qualify under the Texas Lemon Law, you must file your complaint within 6 months of the warranty expiring, 24 months of receiving the vehicle, or 24,000 miles—whichever comes first. This is often called the “24-month/24,000-mile rule.” Even if your car is still having problems, missing that deadline could keep you from qualifying. That’s why it’s crucial to reach out to a lemon law attorney as soon as you start having repeated problems with your vehicle. However, if you are past this time frame, the federal lemon law allows you four years from the date the manufacturer breached your warranty to pursue a claim.

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What Is the Lemon Law in Texas?

The Lemon Law in Texas is a state consumer protection law that helps people who buy or lease new vehicles that turn out to be defective. It gives the consumer the right to ask for a repurchase, replacement, or repair if the vehicle has repeated issues that the manufacturer doesn’t fix after a reasonable opportunity to do so.

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Is the Texas Lemon Law for New Cars?

Yes, the Texas Lemon Law was created primarily for new cars and demonstrator vehicles that are under warranty. It covers vehicles with defects that create a serious safety hazard or substantially impair the use or market value of the vehicle. Additionally, some used cars may qualify if the original manufacturer’s warranty was still active when the defect first surfaced.

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Can You Return a Car After Purchase in Texas?

Texas does not have a “cooling-off” period for car sales, which means you usually can’t return a car unless the dealer explicitly offers a return policy. However, if the vehicle has significant, warranty-covered problems, you might qualify for a repair, repurchase, or replacement under the Texas Lemon Law.

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What Is the 30-Day Lemon Law in Texas?

The “30-day” part of the Texas Lemon Law refers to one of the ways you can prove your car is a lemon. If your vehicle has been in the shop for a total of 30 or more days and the issue is still not fixed, it’s typically considered a lemon. Keep in mind that the issue in question must be significant and covered by the manufacturer’s warranty.

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Does Texas Have a Used Car Return Law?

Texas does not have a used car return law. Once you buy a used car, the sale is final. Most used vehicles are sold “as is,” which means the buyer is responsible for any repairs. However, you may pursue a remedy from the manufacturer if your used car is still under the original warranty and meets the remaining criteria of the Texas Lemon Law.

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How Does The Lemon Law Work In Texas?

In Texas, the lemon law process starts when you file a complaint with the Texas DMV. The state then reviews your case, and if it meets the legal standards, you may be offered a replacement vehicle, a refund, or another resolution. The process is designed to offer a quicker, less costly solution than filing a lawsuit. If you’re not satisfied with the outcome at this stage, you may file a lemon lawsuit.

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How To File a Lemon Lawsuit In Texas

To begin the complaint process, you must complete and submit a lemon law complaint form, which can be found on the TxDMV website. A filing fee—typically around $35—is required with your submission. Along with the form, you’ll need to provide documentation such as your sales or lease contract, detailed records of all repair attempts, and a timeline of events outlining the problems you’ve experienced and how the manufacturer or dealership responded.

The TxDMV may then schedule a hearing where you and the manufacturer will present your sides of the case. If the hearing officer finds that your vehicle qualifies under the Texas Lemon Law, they may order a repair, replacement, or refund. If the lemon law process through the TxDMV does not lead to a resolution, or if the decision is not in your favor, you may pursue a lawsuit in civil court.

It’s highly recommended that you consult a Texas lemon law attorney in these cases. An experienced attorney can assess whether your case meets the legal criteria, assist in gathering additional evidence, and help file a lawsuit within the statute of limitations.