Texas Lemon Law Attorney
Lemon laws vary throughout the United States, but they all have the same objective: protecting American consumers from defective vehicles. In addition to state laws, the federal Magnuson-Moss Warranty Act protects all American consumers–regardless of state. These laws give consumers and their attorneys the tools they need to pursue legal remedies and get compensation for their lemon vehicle.
The Lemon Law in most states require a vehicle to have a “substantial defect” that is both covered by the warranty and not repairable after a reasonable number of repair attempts. Lemon law usually applies only to new or certified pre-owned cars; however, some states’ lemon laws cover used cars as well. In those states, the lemon law often applies to all lower mileage vehicles bought in the state or vehicles still covered by the original warranty at the time of purchase.
Check out our Lemon Law FAQs page for additional information about lemon laws.
A “substantial defect” is defined as a problem that affects the vehicle’s operation, value or safety, such as faulty brakes or steering. Defects including radio dials or door handles are considered “minor defects” and not covered by lemon laws. Often substantial defects are referred to in state law as “nonconformities,” because their existence prevents the vehicle from conforming to its warranty.
If many vehicles suffer the same “substantial defect” the manufacturer may voluntarily recall those vehicles. In some cases, the federal government mandates those vehicles’ recall.
Owners of defective cars must allow the manufacturer or its agents a “reasonable” number of attempts to repair the defect before the vehicle is considered a lemon. Many states will declare the vehicle a lemon after a single unsuccessful repair attempt for a serious safety hazard, such as a brake or steering system problem. Less serious issues that still affect the vehicle’s use or value must remain unfixed after several attempts for lemon laws to kick in. The exact number of these attempted repairs vary from state to state.
Lemon law protections also go into effect when the vehicle has been in the repair shop for a certain number of days to fix one or more defects. While the exact length of time varies from state to state, it is usually no fewer than 14 days.
Find out how Allen Stewart P.C. can help you through the entire lemon law process.
If your vehicle meets the lemon law requirements for your state, you may be entitled to either a refund, a replacement car from the manufacturer, or the loss in value of your car. The process for getting relief differs by state, but all start by notifying the manufacturer of the defect. If your state’s law can’t help you, the federal Magnuson-Moss Warranty Act provides additional consumer remedies.
The lemon law attorneys at Allen Stewart, PC help their clients by dealing directly with the manufacturer on the clients’ behalf, reducing the hassle and stress that naturally occurs in such adversarial circumstances. Furthermore, the Magnuson-Moss Warranty Act allows the attorneys to seek their fees directly from the manufacturer, permitting the client to obtain effective legal counsel without having to pay the attorneys’ fees directly from the client’s pocket.