Does Texas Have A ‘Lemon Law’ To Protect Me If I Bought A Bad Car Or Truck?
Lemon laws are designed to protect you from financial loss if buy a faulty product or service that fails to meet quality standards.
Although a variety of products and services could be found to be defective, the term “lemon” usually refers to motor vehicles, including cars, motorcycles, and trucks.
Lemon laws require vehicle manufacturers to recall or repurchase vehicles that are defective. The law considers the nature of the defect, the amount of time the vehicle is not available to the consumer due to the mechanical issue, and how many times the vehicle has required repairs.
How Do Lemon Laws Work In Texas?
Texas has a Lemon Law for cars and trucks. Administered by the Texas Department of Motor Vehicles, it allows for remedies like vehicle repurchase, replacement, or repair.
What’s covered? The Lemon Law covers a wide range of new vehicles, including cars, trucks, vans, motorcycles, ATVs, motor homes, TRVs, and even demonstrator vehicles that haven’t been previously titled.
To be covered, the defect must arise within the first 24 months or 24,000 miles of ownership, whichever comes first. The defect must be covered by the manufacturer’s written warranty.
What’s not covered? Used vehicles are generally not covered by the Lemon Law.
Repossessed vehicles, boats, farm equipment, or non-travel trailers are also excluded.
When Can I File a Claim?
You must file your claim within 6 months of the warranty expiration, 24 months after purchase, or 24,000 miles—whichever comes first.
If the manufacturer cannot repair the vehicle after a reasonable number of attempts, they must offer one of the following remedies:
- Replacement: Provide a comparable new vehicle.
- Refund: Refund the full purchase price, including sales tax, license, and registration fees, minus a reasonable deduction for the consumer’s use of the vehicle.
- The manufacturer is also responsible for the cost of repairing the vehicle if it is deemed a lemon.
Keep detailed records of all repairs, even if they were not done at a certified dealership, as these can help support your claim.
Be sure to provide the manufacturer with written notice of the defect and at least one opportunity to repair the vehicle after notification.
If you have questions about your fundamental rights as a consumer or are a victim of consumer fraud in Texas, the experienced attorneys at Funk & Associates can help. Contact us today for a consultation.