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Did you recently purchase a vehicle with multiple defects that never seem to get fixed? If so, you may have bought a lemon. You may understandably feel helpless in this situation.

Under the Lemon Law in Texas, your rights may be protected and provide you with remedies for your unfortunate situation.

Contact a Lemon Law attorney to learn more about the Texas Lemon Law and how it can help you. 

What is a Lemon Law? 

A lemon law provides a remedy for purchasers of cars and other consumer goods that repeatedly fail to meet quality and performance standards.

The lemon law applies to new and leased vehicles and assists consumers in helping a consumer get their vehicle repurchased, replaced, or repaired.

The Texas Department of Motor Vehicles administers the Lemon Law in Texas. 

The Lemon Law applies to used cars if the original manufacturer’s warranty continues to cover the used car. The law does not cover non-travel trailers, boats, farm equipment, or repossessed vehicles. 

What Constitutes a Lemon?

A “lemon” is a vehicle manufactured with defects. In Texas, for a vehicle to qualify as a lemon, it must suffer a defect covered by the manufacturer’s warranty.

Additionally, the defect must substantially reduce the car’s value, use, or safety. To recover under Texas Lemon Laws, you must report the defect on your vehicle while the warranty is still in effect.

Furthermore, you must also give the dealer a reasonable number of attempts to remedy the defect. Lastly, you must notify the manufacturer in writing of the defect and allow them one last opportunity to fix the defect.

If none of these steps remedies the defect, the car qualifies as a “lemon.” 

If you believe you have a lemon, promptly contact a Texas lemon law attorney to pursue your options and protect your rights. 

How Many Chances Does a Dealer Have to Fix the Problem?

You must provide the dealer with four opportunities to fix the substantial defect before pursuing a remedy under the Texas Lemon Law. Texas law refers to the dealer opportunities as follows: 

Four-Times Test 

A consumer satisfies the requirements of the four-times test if they take the vehicle to a dealer four times for the same defect within a 24 month period or 24,000 miles, whichever comes first.

Despite these efforts, the defect must still exist.  

Serious Safety-Hazard Test 

A consumer satisfies the serious safety-hazard test if you took your car in for repairs twice during the first 24 months or 24,000 miles—whichever comes first—and the defect still exists.

The hazard must be a life-threatening malfunction of the vehicle that substantially affects your ability to use the vehicle in a safe manner.

The serious safety-hazard test is also satisfied if the defect creates a substantial risk of fire or explosion. 

30-Day Test 

The 30-day test is satisfied if your car is out of service for 30 days or more during the first 24 months or 24,000 miles due to a defect covered by the manufacturer’s original warranty.

The 30-day period need not be consecutive, so a cumulative 30-day period of non-use satisfies this requirement.

However, if you received a comparable loaner vehicle while your car was out of service you cannot apply this period toward the 30-day test.

Additionally, despite the opportunity to fix the vehicle during this 30-day period, the defect must still exist.  

Time Limits on Filing a Lemon Law Complaint

Recovering under the Lemon Law in Texas requires following strict deadlines. You must file your Texas Lemon Law complaint within six months following the earliest occurrence of the following:

  • Expiration of the express warranty term,
  • 24 months after purchase, 
  • 24,000 miles following the date of delivery.

For most people, purchasing a vehicle represents a substantial expense. If you believe your vehicle is a “lemon,” don’t hesitate to contact a Lemon Law lawyer to protect your rights.  

Contact Us 

The attorneys at Zimmerman Law Firm, P.C. pride themselves on providing compassionate advocacy to all clients in their time of need.

We work to resolve your issues and recover the compensation you deserve.

After a substantial purchase like a vehicle, we understand that you may feel angry, confused, and defeated when your vehicle fails to perform as expected.

We are here to help. Contact the Zimmerman Law Firm today to obtain a free case review.

Author Photo

Michael Zimmerman

Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.

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