What Happens If Your Used Car Is a Lemon?
One of the most common questions received at Allen Stewart, P.C. is how we can help those running into problems with their used vehicles. Unfortunately, the Texas Lemon Law offers little recourse for used car consumers.
Lemon law attorney Andrew Ross at Allen Stewart, P.C. said the vehicle’s warranty duration is key when determining potential legal protection.
“In general, the Texas Lemon Law does not offer much relief to consumers who purchased used vehicles,” Ross said. “If a consumer is hoping to force the manufacturer to repurchase or replace their used vehicle, the Texas Lemon Law is not going to help the consumer achieve their goal. The only relief that may be afforded is that the consumer may be able to force the manufacturer to repair the problems experienced in the vehicle.”
The Texas Lemon Law specifically covers consumers who purchase or lease motor vehicles at retail from a Texas dealer, and those entitled to enforce the terms of the manufacturer’s warranty. Often times a used car’s warranty has long since expired.
“In the event the manufacturer’s warranty has expired, it’s possible the consumer may still be able to force the manufacturer to repair the vehicle as long as the problems were complained of to an authorized dealership of the manufacturer while the vehicle was still under the manufacturer’s warranty,” Ross said.
Ross said a better path forward for used car owners facing problems is through the federal Magnuson-Moss Warranty Act.
“The Warranty Act allows consumers to seek financial relief from the vehicle’s manufacturer after the manufacturer has failed to repair the vehicle within a reasonable number of attempts or after having a reasonable opportunity,” Ross said. “As long as the consumer complained to the manufacturer (through its authorized dealerships) of the problems while the issues were still covered under the manufacturer’s original warranty, the consumer may be entitled to relief under the Warranty Act.”
The lemon law attorneys of Allen Stewart, P.C. are ready to use their combined decades of experience to help you with your lemon car. Reach out today so they can sort through the legal weeds to help you find your path to justice and fair compensation.