Thousands of consumers in Texas and throughout the United States each year get stuck with “lemon” vehicles: vehicles with repeating, unfixable defects. The National Highway Traffic Safety Administration (NHTSA) estimates 150,000 of these vehicles end up sold to unlucky consumers who simply wanted to buy a new car or truck. Manufacturers around the world inadvertently build and sell lemons, from General Motors and Volkswagen to Ford and Honda and many more. Many factors can make a lemon, whether it’s mistakes in the manufacturing process, poor quality materials or faulty components, or an error in the design process. No matter how the problem originates, however, one thing remains the same: the manufacturer must make things right. When the manufacturer fails to uphold their end of the warranty, lemon laws give consumers and their attorneys the legal tools they need to seek justice.
Lemon laws exist in every state in America, empowering consumers when their vehicle’s manufacturer fails them. They protect consumers’ rights to fair treatment and give teeth to warranty law. In addition to state level lemon laws, the federal Magnuson-Moss Warranty Act protects all Americans regardless of the state in which they live. Lemon law attorneys use their expertise and experience to determine which laws to use when filing a lemon law claim in court.
When filing a claim, the consumer should act as quickly as possible. The longer a consumer waits to report a problem with their vehicle, the less likely they are to reach a positive outcome. Lemon laws have limits on both time and mileage when filing a lemon law claim; if a consumer waits too long or drives the vehicle too much before filing a claim, they could possibly be locked out from doing so based on those time or mileage limits.
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All laws in the United States include statutes of limitations. A statute of limitations is essentially a time limit on how long legal proceedings can begin. If too much time elapses after the inciting incident, a claim cannot be filed. Statutes of limitations exist to protect defendants; over time evidence degrades and a witness’s memory can fail. Statutes of limitations exist for all except the most heinous of criminal cases. Lemon laws also have statutes of limitations which vary depending on the state in which the claim is argued. Qualified, experienced lemon law attorneys know how to work within the statutes of limitation and make sure your lemon law claim not only sees the light of day but makes its way through the legal system.
Lemon laws also impose mileage restrictions on claims as well. Those exist because while most consumers drive a certain number of miles within a given period of time, other consumers drive the vehicle far more, putting more operational time on the vehicle itself.
The Texas lemon law, for example, requires consumers to file a state lemon law complaint no later than 42 months from the date the warranty became active. However, if the consumer drives the vehicle 20,000 miles in the first year after the vehicle’s delivery, the consumer would need to file the Texas state lemon law complaint before the car traveled another 4,000 miles, even if that occurs before the expiration of the 42 months mentioned above. Importantly, a Texas consumer should seek the assistance of a lemon law attorney to determine the time remaining, if any, to file a Texas state lemon law claim, and whether they should still try to file a claim depending on their specific circumstances.
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When filing a lemon law claim, meeting the statute of limitations isn’t enough. Texas consumers also have to abide by certain requirements for their vehicles to be classified as lemons. Texas vehicles must pass one of three “tests” before lemon law protections kick in: the four times test, the serious safety hazard test, or the 30 day test.
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A vehicle passes the four times test if it’s been taken to a dealership for repairs two times for the same problem or defect within the first year or 12,000 miles, whichever comes first, and twice more during the first 12 months or 12,000 miles following the first repair attempt without the problem being fixed.
A vehicle passes the serious safety hazard test if the vehicle owner submits the vehicle for repair of a serious safety hazard once during the first 12 months of ownership or 12,000 miles, whichever comes first, and then once more during the 12 months or 12,000 miles following the first repair attempts without the problem being fixed.
A vehicle passes the 30-day test if it has been out of service for repair because of problems covered by the original factory warranty for a total of 30 days or more during the first two years or 24,000 miles of ownership without a comparable loaner vehicle offered, and there were two repair attempts during the first year or 12,000 without any success.
Per the Magnuson-Moss Warranty Act of 1975, federal lemon law claims follow the statute of limitations from the state in which the warranty breach occurs. Texas is one of many states abiding by the Uniform Commercial Code’s four year statute of limitations. Thusly, federal Magnuson-Moss claims originating in Texas must observe a statute of limitations of four years.
The single best decision a consumer can make when pursuing a lemon law claim is contacting a qualified, experienced lemon law attorney. Lemon law lawyers know the ins and outs of lemon laws across America and will help guide your claim to a successful resolution. Allen Stewart, attorney and owner of Allen Stewart P.C., said he has never seen a consumer represent themselves in court and come away with a victory.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
“Even the simplest things in the law can be complicated because if you miss the timeline, you could lose it all,” Stewart said. “If you file the wrong paperwork, it could set you back time and money, and you might lose the case.”
Andrew Ross, attorney with Allen Stewart P.C., said consumers who attempt to represent themselves do so at great risk to their claim’s outcome. They know all the deadlines and statutes of limitation, what documents are required and when, and how to properly submit them to the court. They also have years of experience in dealing with automotive manufacturers, including how they can work the legal system in their favor – and against yours.
“If you’re missing some of those things, or if you don’t follow certain rules, your claim can be completely tossed out,” Ross said. “You run the risk of having your case thrown out or getting a judgement that prevents you from trying to present your case again.”
The lemon law attorneys of Allen Stewart P.C. have combined decades of experience going after vehicle manufacturers who fail to uphold their warranties and getting justice for consumers. The sooner you reach out, the better your chances of getting the justice you deserve. Contact Allen Stewart P.C. today.