In the unlikely event that you purchase a new car in Texas and it turns out to have a serious problem that cannot be fixed, the purchaser can turn to the Texas Lemon Law for relief.
The Lemon Law in Texas is similar to other state laws. If you bought a new car with major flaws covered by the manufacturer’s warranty and the problems cannot be fixed, the manufacturer has to replace the car or refund your money. Sounds simple enough, but the laws are quite complex. It behooves all new car buyers to keep complete records of any and all repairs and time lost due to the car being in the shop.
The definition of “Lemon” under Texas law:
There are some benchmarks that have to be passed before the car can be defined as a lemon:
* You must prove that four attempts were made to repair the same defect over a two-year period or 24,000 miles
* The vehicle will qualify as a lemon if it has been unavailable for use for a total of 30 days during the same two years or 24,000-mile period
* If the defect is such that it threatens the life of the vehicle occupants or impedes your ability to drive it normally, it qualifies
Timing is important:
You are given six months from the expiration of the warranty, two years from the date of delivery, or the car clocking 24,000 miles to claim under the Texas Lemon Law. If you miss these limits, the law no longer applies.
Filing a claim under Texas Lemon law:
You must send a letter to the manufacturer by certified mail. The letter must contain the date you took delivery of the vehicle, the mileage, the name of the dealer and a list of the problems. If you are not satisfied with the manufacturer’s response, a Lemon Law attorney can escalate your claim to the courts if a settlement cannot be reached.
The Texas Lemon Law was enacted to provide purchasers of seriously flawed vehicles recourse. If you are having difficulties with getting a settlement, have your case reviewed by Krohn & Moss, Ltd. Consumer Law Center®.
