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What Happens If Your Used Car Is a Lemon?
The lemon law attorneys at Allen Stewart P.C. often hear from used car consumers. If your vehicle is still under warranty, a lemon law attorney can help you.
Lemon law attorney Andrew Ross at Allen Stewart P.C. said the vehicle’s warranty duration is key when determining potential legal protection.
“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,” Ross said. “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 state’s law hinges not on extended service contracts, but on manufacturer-provided warranties. The law can apply if the defect arose during the warranty period, even if the warranty since lapsed. Extensive repair documentation is vital to prove when the problem began. Comprehensive repair documentation always helps when pursuing a Texas lemon law claim.
Is your vehicle still under warranty and experiencing problems? You could have a claim. Click here and contact us today.
The Texas Lemon Law specifically covers consumers who purchase or lease motor vehicles at retail from a Texas dealer. 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.”
Allen Stewart, P.C. may still be able to help you with your lemon vehicle. The only way to know is to contact us today to discuss your case’s details. Depending on the specific circumstances of your vehicle, its problems and its warranty coverage, you still may have legal options. Just because there’s no lemon law for used vehicles doesn’t mean you shouldn’t contact us.
Federal laws can help if your car is still under warranty. Click here and speak to a lemon law expert today.
Some used car retailers will sell extended service contracts to sweeten the deal in used car purchases. However, the Texas car lemon law doesn’t cover these cases. Those contracts fall outside the Texas lemon law’s purview and the lemon law doesn’t apply. If you bought your used vehicle as certified pre-owned, however, you may have a valid lemon law claim.
Consumers should keep all of their vehicle records in case they must file a lemon law claim. Lemon law attorneys build your case with those records. Accurate and comprehensive records help lemon law attorneys build ironclad claims.
The auto lemon law in Texas forces manufacturers to pay the vehicle’s full purchase price under repurchase. The manufacturer must also pay the consumer “reasonable incidental costs.” These include towing costs, alternative transportation, loss or damage to personal property and more. The manufacturer can legally withhold a “reasonable allowance” for the consumer’s use of the vehicle.
Ross said consumers should consult with a lemon law attorney when pursuing a lemon law claim. Doing so without an attorney is a poor choice.
“If you decide to file a case in court yourself, you are expected to follow all the proper procedure of that court, and you’re also expected to follow the black letter of the law,” Ross said. “If you’re missing some of those things, or if you don’t follow certain rules, your claim can be completely tossed out.”
He said the court does not go lightly on those who don’t know the laws many vagaries and pitfalls.
“The likelihood of you recovering more on your own than what you could recover with an attorney is very, very low,” he said.
He said since the Magnuson-Moss Warranty Act allows attorneys to seek their fees from the automotive manufacturer, it only makes sense to seek representation from an attorney.
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.