Texas Lemon Law

If you’re a resident of Texas, and you’re having problems with a vehicle that just don’t seem be get resolved, if the vehicle was purchased from a Texas dealer or lease company, the Texas Lemon Law may be able to help you get it repurchased, replaced or repaired.

Lemon laundering has been a problem all across the United States. Laundering a lemon car means it gets sold to the next person without mentioning the lemon status of the vehicle. Once you get rid of your lemon, the last thing you want is for someone else to be stuck with it, having no idea that it is a lemon.

Texas now has protections similar to those available in California. As a Texas Lemon Law attorney, writes in his blog, "Typically, lemon cars get transported into states with weak lemon law disclosure requirements. Why? Because car manufacturers know that they can do so and because it is legal."

This is a game that does not seem to have an end. But lemon law firms like those in Texas recognize that it is a battle that must be fought.

Read Chapter 13 Lemon Laundering, of Lemon Law, The Standard Reference Guide

Here is a summary of Texas lemon law.

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Texas - Statute §4413(36)

Vehicles Covered:

Every fully self-propelled vehicle with the primary purpose of transporting persons or property on public highways and having two or more wheels. New vehicles which have not been the subject of a "retail sale" without regard to mileage.

Persons Covered:

Owners on title, transferees and lessees during express warranty period, or any persons entitled to enforce the warranty.

Period Covered:

Whichever is first: 24 months or 24,000 miles.

Notice Requirement:

(a) Dealer – Provide notice of complaint procedures and rights; (b) Consumer – report the nonconformity to the, distributor, agent or dealer.

Repair Requirements:

It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subjected to four or more repair attempts, at least two of which were made with the first 12 months or 12,000 miles. If the defect creates a serious safety hazard, the presumption applies if the defect has subject to two or more repairs, one of which occurred within the first 12 months or 12,000 miles. Presumption also applies if the vehicle has been out of service for 30 or more days and at least two repair attempts were made within 12 months or 12,000 miles.

Affirmative Defenses:

The nonconformity does not substantially impair the use or value of the vehicle, or is the result of abuse, neglect, or any unauthorized modifications or alterations: statute of limitations.

Replacement/Refund:

The manufacturer shall replace with a comparable vehicle, or refund the full purchase price less a reasonable allowance (defined).

Other Reimbursement:

Refunds to the consumer and lien holder; reasonable incidental costs.

Other Remedies:

There is no limit on other consumer remedies.

Arbitration:

For remedies under this section, a consumer must use the informal dispute procedure established by the manufacturer provided that it complies with 16 C.F.R. 703.

Resale of Lemon:

Disclosure and warranty required.

Disclaimer: Please note that statutes may have been amended since the book was originally published in 2005. Please consult your Secretary of State or local DMV office for the most recent and up to date statutes for the Texas Lemon Law.

The Standard Reference Guide

Lemon Law Book

Contact Information

Norman Taylor & Associates
A Professional Law Corporation
425 West Broadway, Suite 220
Glendale, CA 91204

Phone: 1-818-244-3905
Toll-free: 1-877-SOURCAR
Fax: 1-818-244-6052

Client Testimonials

"Thank you for everything

"The dealership kept shoving me out on a crutch, and wouldn't take me seriously without you. Complaining did nothing.

"Thanks for taking the hassle off my shoulders in dealing with my lemon. I barely have time to sleep, let alone deal with problems I shouldn't have to."
~Mike
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