Texas Lemon Law
If your new vehicle, though covered by manufacturer warranty, has problems that can not be fixed or have rendered your vehicle useless for 30 calendar days, you may get relief through Lemon Law that entitles you to a replacement of your vehicle or refund of your purchase price.
You will be covered under the Texas Lemon Law for cars and vehicles only if
1. Your vehicle has a significant defect
2. The defect is covered by the manufacturer's written warranty.
3. You informed the dealer or manufacturer of the defect during the warranty period.
4. The manufacturer made a reasonable number of attempts to fix the defect and failed.
5. You provided the manufacturer a written notice, preferably by certified mail, of the defect and one opportunity to repair the defect after the notice.
6. The defect still exists and it substantially impairs the market value, use or is a severe safety hazard.
7. You file complain on due time and pay the fee of filing the Lemon Law complain.
The law, however, does not cover used motor vehicles or the one where defects are caused due to abuse, neglect or unauthorized modifications.
Determining if you have provided a reasonable opportunity to the manufacturer is easy.
1. If you have reported a defect two times within the first year or 12,000 miles and two more times during the 1 year or 12,000 miles after the second repair and still the problem remains, you have provided reasonable opportunity.
2. If you have reported a severe safety hazard to the manufacturer once during the first year or 12000 miles and once again during a year more or 12,000 miles after the first repair and still the problem is not fixed.
3. Your vehicle is out of service for 30 days, not necessarily consecutive, due to repairs of problems covered under the manufacturers warranty, during the first 24 months or 24,000 miles, there were two failed attempts made to repair your vehicle and still the problem persists. The moment you realize that the manufacturer or dealer as the case may be, is unable to fix a problem with your vehicle you should notify the manufacturer in writing, preferable by certified mail, stating the problem of the car. You can also mention that you are seeking for a refund or replacement. This will give the manufacturer 30 days to respond to your notice. If you have provided a reasonable opportunity to the manufacturer to fix the problem but failed and would like to serve your right to the court, you should prepare yourself adequately to win. In the court you will require to prove your claim and this will be easily achieved if you have
1. All the relevant documents like the sales contract, warranty statement, work orders or repair orders and letters to and from the manufacturer.
2. Arranged the work orders by date.
3. Completed "List of Agreed Facts" form.
4. Witnesses if any.
5. And finally the vehicle ready for inspection and test drive. You may also find it useful to do some research on Texas lemon law attorneys.
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