You Don’t Have to Keep Paying for a Lemon—Here’s How the Law Protects You

Too many of us know what it’s like to be disappointed by a vehicle. You buy a car, looking forward to the freedom, flexibility, and convenience it’s sure to provide. Instead, you’re hit with repair bill after repair bill—but nothing changes. While you’re now on a first-name basis with your mechanic, you’re also out of money and not sure what you’re supposed to do about your vehicle. If this sounds a little too familiar to you, you could be in possession of a lemon—and a lemon law attorney should be your next call.

At Garza Law Office, PLLC, we fight aggressively on behalf of our clients. We are passionate advocates for what is right, and in this case, that means not being on the hook for an inherently defective vehicle. Attorney Dora Alicia Garza brings an in-depth understanding of Texas law and over ten years of experience to every case, making her an invaluable resource. Call us at 956-329-1304 to set up a consultation now.

Defining a “Lemon” Under Texas Law

The Texas Lemon Law was created to protect consumers who buy or lease new vehicles with significant defects impacting the vehicle’s use and safety. This law assists consumers who struggle to get their repairs covered by the manufacturer’s warranty by helping them get the vehicle repurchased, repaired, or replaced. The Lemon Law is administered by the Texas Department of Motor Vehicles.

There are several conditions that must be met for a vehicle to be considered a lemon under current Texas law:

• Vehicle has a substantial manufacturing defect
• Defect is covered by the manufacturer’s written warranty
• Defect is reported to the dealer or manufacturer within the warranty period
• Dealer is given a reasonable number of repair attempts
• Written notice provided to manufacturer of the defect and an opportunity to cure the defect
• Defect persists, impairing vehicle’s use, market value, or safety

All of these conditions must be met for a vehicle to be considered a lemon. A lemon law lawyer can look at your repair history and communication with the dealership to see if your vehicle qualifies.

What Counts as a Reasonable Number of Repair Attempts

One question that often comes up when consumers meet with a lemon law firm is how many repair attempts are considered “reasonable.” Luckily, Texas law has three tests that you can apply to your situation to determine whether or not you have allowed the dealer a reasonable amount of repair attempts:

• Four-times test: Your vehicle qualifies via this test if you have taken it to the dealership four times for the same defect within the first 24 months or 24,000 miles, whichever is first, and the defect is still not repaired.
• Serious safety hazard test: This test applies if a vehicle has a life-threatening malfunction that hampers your ability to operate the vehicle normally or that creates a serious risk of fire. If you have taken a vehicle with this type of defect twice within 24 months or 24,000 miles and the defect is still present, it may be considered a lemon.
• 30-day test: A vehicle may be considered a lemon under this law if a vehicle has been out of service for a total of 30 or more days during the first 24 months or 24,000 miles and a substantial defect still exists. Note that if you are given a comparable loaner, those days do not count toward the total.

Complaint Process in Texas

If your vehicle qualifies as a lemon by passing one of the tests we discussed earlier, it may be time to talk to a lemon law lawyer about your next steps. There is a fairly short timeframe in which you must file your complaint, so act quickly to protect your rights. Typically, you must file within six months of the expiration of the express warranty term, 24 months after purchase, or 24,000 miles—whichever one comes first.

Should your claim be successful, the manufacturer must buy back the vehicle for the purchase price, including taxes, title, and license fees, minus an amount for vehicle use. They can also replace the defective vehicle with one that is comparable and acceptable to the consumer. Their third option is to fix the defects.

Discuss Your Next Steps With Our Lemon Law Firm

If your new car is a lemon and the manufacturer is fighting your attempts to seek compensation, our lemon law attorney team is here to help. Give us a call at 956-329-1304 or contact us online now to discuss your options.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.