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.
Texas Lemon Law
The Texas Lemon Law Four Times Test
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.
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.
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.
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: