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We handle cases across the United States. Allen Stewart is licensed to practice law in Texas, California, New York, Pennsylvania, Missouri, North Carolina, Ohio and Arizona.

Lemon Law Protection for Electric Vehicles in Texas: What You Need to Know  

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Owning an electric vehicle (EV) can be a great way to help the environment and reduce our reliance on fossil fuels. EVs produce fewer emissions than traditional gasoline-powered cars and have no tailpipe emissions, making them much cleaner to drive. This means that they can help to improve air quality and reduce greenhouse gas emissions, which can have a positive impact on our planet’s health.

In addition, owning an EV can also help to reduce our dependence on fossil fuels. Unlike gasoline-powered cars, EVs run on electricity, which can be generated from renewable sources such as wind and solar power.

This means that by driving an EV, we can help to reduce our reliance on non-renewable sources of energy and move towards a more sustainable future. Overall, owning an EV can be a great way to make a positive impact on the environment and reduce our carbon footprint.

What if your electric vehicle is a lemon?

Having an electric vehicle in Texas can be a great way to save money on gas and reduce your carbon footprint. However, if you end up with a lemon, the experience can be frustrating and costly. In Texas, lemon laws protect consumers who have purchased a vehicle that turns out to be defective and cannot be repaired after a reasonable number of attempts.

If you find yourself in this situation with an electric vehicle, it’s important to document all of your repair attempts and communicate with the manufacturer or dealer in writing. You may be entitled to a refund or replacement vehicle under Texas lemon laws.

It’s also important to consider seeking legal advice to ensure your rights are protected and to help navigate the complex legal process. While having an electric vehicle in Texas can be a great option, it’s important to be prepared for the possibility of a lemon and know your rights as a consumer.

For more information on arbitration and other frequently asked Protection for Electric Vehicles questions, click here.

The Texas lemon law does cover electric vehicles. This means that if you purchase an electric vehicle in Texas and it has persistent defects, you may be entitled to a refund or replacement vehicle.

To make a claim under the Texas lemon law, you will need to gather the following information:

    1. The purchase agreement or contract for the vehicle
    2. The vehicle’s repair history, including dates and details of each repair attempt
    3. Any correspondence with the manufacturer regarding the defects
    4. Any documentation related to the defects, such as pictures or video
    5. Proof of ownership and registration of the vehicle.

Under the Texas lemon law, a consumer may be eligible for a refund, replacement, or repair of a vehicle that has a substantial defect. To qualify, the vehicle must have a defect that impairs its use, market value, or safety and the defect must have occurred within the first two years or 24,000 miles of ownership.

If a consumer has a lemon vehicle, they must first give the manufacturer or dealer a reasonable opportunity to repair the defect. If the defect is not repaired after a reasonable number of attempts, the consumer may be eligible for restitution.

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The options for restitution include a full refund of the purchase price, including taxes and fees, or a replacement vehicle of comparable value. The consumer may also be entitled to reimbursement for incidental expenses such as towing, rental car, or repair costs.

It is important to note that the Texas lemon law only applies to new vehicles and does not cover used cars or trucks. Additionally, the consumer must follow the proper procedures and deadlines set forth in the law in order to be eligible for restitution.

This means, if you purchased your vehicle off of the lot and it came with an original warranty, you will potentially find help through the Texas lemon law. For those who purchased their vehicle used – particularly those who opted to take a vehicle “as is,” you aren’t as likely to get help if that vehicle is not running as expected.

This is when doing your homework before you go to purchase a vehicle comes in handy. It is important to be aware of the potential scams when purchasing a vehicle – particularly a used vehicle.

Think you have a lemon, click here to fill out a 30 second form.

It is also a good idea to set up an appointment with a mechanic you trust, so they can take a look at the vehicle for you before the paperwork is signed.

In Texas, the Texas lemon law comes into play if the vehicle:

    1. Sits idle for 30 or more days within the first 24 months of ownership (not consecutively)
    2. Has been to a service department for four or more attempts to repair the same issue
    3. Has a significant issue that puts the driver’s life at risk when the vehicle is driven AND significantly drops the value of the vehicle.

If the above holds true for your vehicle (again, that is covered by warranty), then it is time to consider making a complaint through the Texas Department of Motor Vehicles. The Texas DMV oversees lemon law complaints. They handle the case from complaint filing through mediation and through the hearing if the case advances that far. The examiner in a hearing will listen to both sides and then determine the outcome within 60 days. A written decision is provided. Appeals are permitted if the decision isn’t satisfactory.

Be sure to have all of your documentation and proof at hand. It is also important that -at some point during the first 24 months or 24,000 miles OR within 6 months of that milestone – that you let the manufacturer/dealer know that there was a defect that was not repairable. This means they were aware and did not attempt to assist you “within a reasonable amount of time.” This criteria is part of the Texas lemon law, and you need to meet it to have better odds of having the examiner find in your favor.

Keep in mind that it is possible the examiner can specify the manufacturer pay for the vehicle in question to be repaired in a satisfactory manner as well. This may not be the most common outcome, but it is still a possibility.

It is a smart move to contact a lemon law attorney. They can assist with the filing process and help you prepare for mediation and the hearing itself. They can also make sure you have the best idea of potential outcomes. They have a realistic perception of the process and can guage the likelihood of success for your case, based on previous cases they have handled. While this is a new process and situation for you, it is not the same for the lemon law attorney.

Discuss their record and previous cases. Have them let you know the likelihood of winning and the potential for failure – and ask why either outcome would be more plausible for your specific situation.

This will help you go into the case with a realistic view of the situation. While it can be stressful and complicated, it does not have to be a challenge you face alone. A legal team can be very helpful in wading through the system and finding the best possible outcome for your case.

This information brought to you by Allen Stewart P.C.

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