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 Attorneys Texas
Texas enacted its lemon law in 1983, though a court challenge stalled its enforcement until 1985.
The Texas Lemon Law Four Times Test
You have spent a lot on your new car, and have every right to expect it to drive smoothly. But if your car spends more time in the garage than on the road, then it is time to take action. You have been sold a lemon car.
Do not feel alone when you buy a car and it doesn’t perform as per your expectations. You need to connect with the skilled Texas lemon law attorneys from Allen Stewart P.C.
We understand the frustration and financial burden of owning a defective vehicle. Our dedicated team will fight to get you the compensation you deserve under Texas lemon law for your car. The new car lemon law in Texas might be complex to tackle. Hence, we offer expert support so that you get a strong legal representation.
How to determine if your car is a lemon?
A core part of the Texas Lemon Law is known as the “Four Times Test.” Each state’s lemon law requires the vehicle in question to undergo repair for a defect a “reasonable” number of times without success before the lemon law’s repurchase or replacement provisions go into effect. Some states have special provisions if the defect in question is particularly dangerous, such as defects affecting steering or braking systems.
The Texas Lemon Law states four attempts must be made to repair a defect before the manufacturer must either repurchase or replace the vehicle. However, that shortens to two visits if the defect creates a serious safety hazard.
These four repair attempts must occur within a specific timeframe. At least two of those attempts must occur within one year of the vehicle’s delivery to the consumer or the first 12,000 miles driven, with the next two occurring within one year or 12,000 miles driven after the first repair attempt.
The requirements for defects causing serious safety hazards are similar, with the first visit occurring within one year of the vehicle’s delivery to the consumer or the first 12,000 miles driven, with the next visit occurring within one year or 12,000 miles driven after the first repair attempt.
Why timely action under Texas lemon law is crucial?
The longer you wait to file your Texas lemon law claim, the harder it may be to get the compensation you deserve. Gather all documents related to your car and all repair attempts and then contact a Texas lemon law attorney today.
We help you determine if the car is qualified to be a lemon and if your case will hold up in a court of law. You need to collect a lot of evidence, like service workshop records and warranty details. A skilled Texas lemon lawyer will provide the necessary assistance in this matter and build a strong case.
We will negotiate with the manufacturer or dealership to seek a favorable resolution. You can get relief in the form of a replacement or a refund. If the negotiations fail, our Texas lemon law attorneys will represent you in court.
How can our Texas lemon lawyer help?
Your vehicle’s manufacturer is legally required to fix any recalled problems for free. If the dealership refuses to fix the part or tries to charge you for the repair, contact the manufacturer immediately. The Highway Safety Act of 1970, which created the NHTSA, requires car manufacturers to pay for the recall and replacement of a defective part.
If the manufacturer fails to repair, replace, repurchase, or provide your recalled vehicle’s loss value, they are violating the warranty and a lawyer may be able to assist you. Lemon law attorneys help their clients by dealing directly with the manufacturer on the clients’ behalf, working to promptly resolve the issue and get their clients back on the road. Thanks to the Magnuson-Moss Warranty Act, attorneys can seek their fees directly from the manufacturer, meaning a client can obtain legal counsel without having to pay attorneys’ fees directly out of pocket.
Clients who win out in court over their vehicle’s manufacturer or settle with them out of court can use their awarded funds for whatever purpose they so choose. That can include paying off their old vehicle loan, making a down payment on a new vehicle loan, buying a used vehicle outright or literally anything they choose.
Clients who financed their vehicle and are still making payments as they begin their lemon law claim must continue making those payments, regardless of the vehicle’s status. It doesn’t matter if the vehicle is stuck in the shop or otherwise undrivable; falling behind on payments can negatively affect their lemon law claim. However, once their claim resolves, they can pay off their old loan with their awarded funds.
Clients who bought their vehicle outright or paid their loan off before their lemon law claim resolves can use their awarded funds as a down payment on a new vehicle. They could also, if they remain wary of yet another long term loan, put that money toward buying a less expensive used vehicle.
The Texas lemon law does not cover used vehicles, as it specifically states it protects consumers who purchase vehicles from a dealer. Most used vehicles are sold long after the manufacturer’s warranty expired.
Get Legal Help from Allen Stewart
We leverage our expertise to advocate for your rights. Our team handles all the legal complexities to secure the best possible outcomes. This way, you can focus on getting back on the road. Statutes of limitation can keep you from the compensation you deserve, so don’t wait; contact Allen Stewart, P.C. today.
We have successfully fought lemon car manufacturers throughout Texas:
Texas Lemon Law FAQs
What constitutes a lemon vehicle in Texas? -
To be considered a lemon vehicle in Texas, the vehicle must meet one of three requirements: it must have been taken to the dealership for repair twice for the same problem within the first year or 12,000 miles of use to no avail; it must have been out of service for repair for more than 30 total days within the same time period; or the owner must report a serious safety hazard within the first year of ownership and the dealership was unable to repair it.
What are the eligibility criteria for the Texas Lemon Law? +
A lemon law complaint in Texas must be filed within six months of the vehicle’s warranty expiring or 24 months or 24,000 miles following the date of delivery of the vehicle; whichever comes first.
Are second-hand vehicles protected under the Texas Lemon Law? +
The Texas lemon law does not cover used vehicles.
What is the time frame for returning a defective car under the Texas Lemon Law? +
A lemon law complaint in Texas must be filed within six months of the vehicle’s warranty expiring or 24 months or 24,000 miles following the date of delivery of the vehicle; whichever comes first.
How are attorney fees handled in Texas Lemon Law cases? +
When a consumer prevails in a lemon law case, the manufacturer pays their attorneys’ fees.
Which authority oversees the Lemon Law in Texas? +
The Texas lemon law is part of the Texas Occupations Code, Section 2301.601. It is enforced by the Texas Department of Motor Vehicles.
What alternatives do I have if my situation falls outside the Texas Lemon Law? +
Depending on the nature of your claim, your attorney could pursue a claim under the Texas Deceptive Trade Practices Act, or the federal Magnuson-Moss Warranty Act.
What is the deadline for initiating a Texas Lemon Law claim? +
Please see above. A lemon law complaint in Texas must be filed within six months of the vehicle’s warranty expiring or 24 months or 24,000 miles following the date of delivery of the vehicle; whichever comes first.
What should I do if my new vehicle has a defect? +
Your first step should always be contacting a qualified, experienced lemon law attorney. Allen Stewart, attorney and owner of Allen Stewart P.C., says a consumer with an attorney backing them has an advocate throughout the claims process. They have someone on their side working for them and their best interests, who knows how the laws work and how various rules and regulations affect their claim.
What evidence do I need for a Texas Lemon Law claim? +
When contacting a lemon law attorney, you should be ready to provide not only your purchase documents for your vehicle, but also written proof of all repair attempts on your vehicle. You should also provide any emails or letter sent to you by your dealership or the vehicle’s manufacturer.
How many repair attempts qualify for a Texas Lemon Law claim? +
A vehicle brought to the dealership four times for the same problem to no avail qualifies for lemon law remedies.
Does the Texas Lemon Law apply to leased vehicles? +
The Texas lemon law covers leased vehicles.
What is the return period for a lemon vehicle in Texas? +
Repurchase, where the manufacturer agrees to buy the vehicle back from the consumer, is a valid recompense option throughout the lemon law claim period.