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Texas Lemon Law Information
What is the ‘Lemon Law’?
Lemon Laws are
consumer protection statutes. These laws are enacted by the
states to give legal recourse to purchasers of defective
automobiles. Typically, within a short period of time after
purchasing or leasing a new automobile, if a consumer has had
their vehicle repaired a certain number of times, or if the
vehicle has been out of service for repair for a certain amount
of time, then the consumer is entitled to have the vehicle
repurchased by the manufacturer.
What do I stand to gain by asserting a claim
under the Lemon Law?
Depending upon how
many repairs you have, or how many days out of service the
vehicle has been out for repair, you may possibly be entitled to
a repurchase of your vehicle, a brand new replacement vehicle,
or monetary compensation. In those cases where you keep the
vehicle and are compensated monetarily, we can often negotiate
an extended warranty as well.
How many repairs or days out of service do I
need to establish a viable Lemon Law case?
Each state Lemon Law
has different requirements for the number of repairs or days out
of service necessary to establish a claim. In Texas, you would
typically need to demonstrate 4 repairs for the same defect.
There are several different ways for your vehicle to be presumed
a lemon. After an evaluation, our Texas attorney, Darin P.
Siefkes, Esq., will be able to tell
you whether your vehicle qualifies. However, even if you do not
have sufficient repairs under the Texas Lemon Law, there are other
statutes that we can often utilize to address your situation.
Who is the Defendant in a
Lemon Law Case?
Although you have
had your vehicle repaired at the dealership, it is actually the
manufacturer of your vehicle who is responsible under the Texas
Lemon Law.
What is the process for asserting a Lemon Law
Claim?
The first step is to determine whether or not you have a viable
claim under the Texas Lemon Law. You can click on the
Free Case Evaluation at the bottom of this page, or call us
at (877) 50-LEMON so that we can evaluate your case.
If you have a viable case and you agree to allow us to represent
you, then our first step is to issue a demand letter to your
vehicle's manufacturer. Most of our cases are resolved by directly
negotiating a settlement in this manner.
If we are unable to
negotiate a settlement of your matter, then the next step may be a
lawsuit or arbitration. We will discuss these options with you,
detailing their pros and cons.
What
other laws protect my rights?
Beside the Texas
Lemon Law, there is another important law that protects the
rights of automobile owners. The Magnusson Moss Warranty Act is
a federal law that applies broadly to most consumer goods that
come with an express warranty. This law takes into account
repairs that occur throughout the entire period of the
manufacturer’s warranty. The various state Lemon Laws, by way of
comparison, often take into account repairs that occur within
the first 10,000 to 24,000 miles. In many instances where a
state lemon law will not apply because of the mileage on the
vehicle when the repairs occurred, the Magnusson Moss Warranty
Act can be utilized to obtain recourse against the manufacturer.
Additionally, there
may be other state specific laws that can be utilized under some
circumstances.
Are there any time limits for bringing a
Lemon Law case?
The time limit for
bringing a case under the Lemon Law, is known as the 'statute of
limitations.' In Texas, the statute of limitations is 2 years
from original delivery of your vehicle but some exceptions do apply so
a timely evaluation
of your claim is important. Usually the time limit begins
running on the date that you purchase or leased your vehicle,
although that can vary. As a practical matter, it is always best
to address legal issues sooner rather than later, as evidence
can be lost or grow 'stale' over time. Moreover, a claim
brought late can give rise to an inference that the problems
with your vehicle did not cause undue hardship at the time they
were occurring.
What if
I do not have enough repairs to have a viable case under the
Texas Lemon Law?
You should not
assume that you do not have recourse if you are unable to show
enough repairs under your reading of the law. First, there are
other laws besides the Texas Lemon Law that we rely upon to
obtain compensation for you. Second, we find that people often
misread the requirements of the law, or can even be looking at
an outdated statute which has been amended. Finally, as a
practical matter, even if you do not have sufficient repairs to
have your vehicle repurchased or replaced under the Texas Lemon
Law, often times you can obtain a
monetary settlement from your vehicle's manufacturer.
Who pays your attorney fee?
Many of the consumer
protection statutes that we utilize contain 'fee-shifting
provisions' that allow us to collect an attorney fee directly
from the defendant automobile manufacturer. If your case is
strong enough, and the manufacturer will not voluntarily
repurchase or replace your vehicle, you can sue the manufacturer
and we will collect our fees and expenses from it if we win the case or
settle it.
How do I get started?
We would be happy to evaluate your case for free, with
absolutely no obligation. You can either call us at (877)
50-LEMON or you can provide us information by clicking the "Free
Case Evaluation" button below.
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