The Texas lemon law is a great option for auto buyers who find themselves stuck with an unreliable vehicle. If the vehicle puts your life at risk when you drive it and has a defect that not only decreases the value of the vehicle but also causes issues that leave the vehicle sitting idle, then you have a good chance of seeing it covered under the Texas lemon law.
If you recently bought a new vehicle, which is covered by the original warranty, and that vehicle began showing signs of a significant defect within the first 18 months or the first 18,000 miles driven (whichever comes FIRST), then you might have a chance to get restitution for your lemon.
Now, how do you know if said vehicle will be covered by the Texas lemon law? Well, you can look up the criteria and figure out the necessary proof you need, file a complaint and work your way through the Texas Lemon Law process on your own. OR, you can hire a lemon law attorney.
Why you need a lemon law attorney
A lemon law attorney in Texas knows the ins and outs of the lemon law complaint process. They understand that the Texas Department of Motor Vehicles oversees the process and fast tracks the situation so you, the auto owner, aren’t waiting on court dates and a very delayed process through the court system.
An experienced lemon law attorney can tell you about their successes, and they know the evidence you need and the best way to reach a successful conclusion.
For more information on arbitration and other frequently asked lemon law attorney criteria questions, click here.
Did you know that if you think you have a lemon you have six months past the first 18 months of ownership or first 18,000 miles driven to let the dealer/manufacturer know the issue exists? No?
Well an experienced lemon law attorney does. They know the evidence you need, the proper documentation and all the steps you need to take in order to get through the lemon law complaint process smoothly.
A lemon law attorney can both avoid misconceptions about the Texas lemon law (i.e., what is and isn’t covered, what the first step should be, and your likelihood of seeing things go in your favor) and also avoiding a dismissed case. For instance, cases where direct negotiations are held with the manufacturer may not be ideal for you as the auto buyer. This is partially due to the fact that manufacturers spend good money to hire attorneys and paralegals that have time to extensively study the state’s laws.
There are three tests that are part of the criteria for a lemon law complaint: the Four Times Test, the 30-day Test, and the Serious Safety Hazard Test. If you aren’t sure what those mean or what all is involved in making sure your vehicle passes those tests, then you should be consulting a lemon law attorney. They can help you make sure your vehicle passes the tests, and that there is proof that said vehicle is indeed a lemon.
Working by yourself against the manufacturer will leave you in a worse position than you were when you first realized you had a lemon on your hands. Meanwhile, working with a legal professional with experience in Texas lemon law cases will have you headed in the right direction to get compensation and/or a satisfactory vehicle that can take you from Point A to Point B.
Think you have a lemon, click here to fill out a 30 second form.
If you are worried about the bottom line, then now is the time to reach out to a lemon law Attorney. They can help make sure your wallet is not a bottomless pit, emptied by fees and maintenance costs for a lemon vehicle.
Any Manufacturer can Produce a Lemon
You may have a family that is dedicated to one manufacturer. You may have a Ford, like your dad, grandpa and great-grandpa before you. None of them may have ever had a real issue with vehicles from Ford (or Nissan, GM, Toyota or Mazda).
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You may think Nissan is doing good things with their vehicles, or Chrysler has a model you can’t live without. However, if you talk to a lemon law attorney, they will let you know that they have handled cases where all of these manufacturers have had a lemon, and the auto owner got stuck with the vehicle. That is, they felt stuck until they reached out to a lemon law attorney.
More than 150,000 vehicles in the US EACH YEAR are lemons. It happens – there are a large volume of vehicles made on manufacturing lines. One defective part or a slight issue that goes unnoticed, and vehicles can be defective. Sometimes, that small issue gets bigger as the vehicle is driven, and that is where the Texas lemon law comes in. If you feel your safety is at risk when you drive the vehicle, and if you feel that the vehicle’s value is significantly decreased by the defect, then the Texas lemon law is your first recourse in getting out from under a money pit on four wheels.
How Do I Know I Have a Lemon?
If you bought a vehicle within the Texas state borders, then there is a possible answer if you are stuck with a vehicle that doesn’t run as it should. The first question is:
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Is the vehicle covered under original warranty from the manufacturer? If the answer is yes, we are on the right track.
Next, is the vehicle a car, truck, van, motorcycle, electric vehicle, RV, SUV, or a Towable Recreational Vehicle (TRV)? If the answer is yes again, that’s good news.
As mentioned above, the next step is to make sure the vehicle is within the first 18 months of ownership or the first 18,000 miles driven. That means it fits the criteria.
The next step is determining whether it meets the criteria for the three tests.
The 30-day Test
To fit the criteria, the vehicle must have a defect that leaves it sitting idle for 30 days or more within the first 18 months of ownership or 18,000 miles driven. These do not have to be consecutive days. However, the total must be 30 or more, and the vehicle owner can not be given a loaner for any of the days that count toward the total.
The Four Times Test
In order to pass this test, the vehicle must be taken to a mechanic four times or more for the SAME ISSUE. It must be clear in the service report that the issue is the same for the four visits (or more), and that the defect remains despite efforts to resolve it.
It is important to note here that the manufacturer needs to be made aware that the defect persists, so they can be given a reasonable amount of time to help address the defect before the Lemon Law complaint is made.
The Serious Safety Hazard Test
Finally, the vehicle must have a significant defect that puts the driver and passengers at risk when it is driven. The issue must also decrease the value of the vehicle, but it cannot be something with a secondary system (such as entertainment or A/C) that is mildly annoying but not dangerous to the safety of those riding in the vehicle.