Texas Lemon Law: Rights for Vehicle Owners
The Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles (TxDMV) that helps consumers who buy or lease defective vehicles. If your vehicle has a serious defect that persists after a reasonable number of repair attempts, the manufacturer is required to repurchase, replace, or repair the vehicle.
This protection generally applies to vehicles within the first 24 months of ownership or 24,000 miles, whichever comes first. Whether you are dealing with a stalling truck in Texas or a faulty sedan in Houston, knowing your Texas Lemon Law new vehicle rights is the key to getting back on the road safely.
What Vehicles Are Covered?
To qualify for protection, the vehicle must be purchased or leased from a licensed Texas dealer or lessor.
- Eligible Vehicles: Cars, trucks, vans, motorcycles, all-terrain vehicles (ATVs), motor homes, and towable recreational vehicles (TRVs).
- Texas Lemon Law Used Car Warranty Eligibility: The law applies to used vehicles only if the vehicle is still covered by the manufacturer’s original warranty (not an extended service contract) and the defect was reported while that warranty was still active. If you bought a used car “as is” or with only a dealer warranty, it generally does not qualify.
Determining if Your Car is a Lemon (The 3 Tests)
Texas law uses three specific tests to determine if a manufacturer has had a “reasonable number of attempts” to fix the defect. If your vehicle passes one of these tests, it may be presumed a Lemon.
1. The Four-Times Test
You have taken the vehicle to the dealership for repairs four times for the same defect, and the problem continues to exist.
-
Constraint: Two attempts must occur within the first 12 months/12,000 miles, and the other two within the following 12 months/12,000 miles.
2. The Serious Safety-Hazard Test
The vehicle has a life-threatening malfunction (e.g., brake failure, steering loss, fire risk).
-
Rule: You have taken it for repair twice (one attempt in the first 12 months/12,000 miles, and one in the following 12 months/12,000 miles) and the hazard remains.
3. The 30-Day Test
The vehicle has been out of service for repair for a cumulative total of 30 days or more within the first 24 months or 24,000 miles.
-
Important Note: Days where you were provided a comparable loaner vehicle generally do not count toward the 30-day total.
How to File a Lemon Law Complaint in Texas
If your vehicle meets one of the tests above, follow this step-by-step process to enforce your rights.
- Send Written Notice: You must send a letter to the manufacturer (preferably via certified mail) describing the defect and giving them one final opportunity to cure the problem.
- Gather Documentation: Collect all repair orders, the sales contract, and your written notice to the manufacturer.
- Pay the Fee: The filing fee for a Lemon Law complaint in Texas is $35.
- File with TxDMV: Submit your complaint through the TxDMV website or by mail. The process typically includes mediation and, if necessary, an administrative hearing.
When is the Deadline?
You must file your complaint within six months following the earlier of:
- The expiration of the express warranty term.
- 24 months after the purchase date.
- 24,000 miles following the date of delivery.
Remedies: Refund vs. Replacement
If your case is successful, the administrative law judge will order one of three outcomes:
- Repurchase (Refund): The manufacturer buys back the vehicle for the purchase price (including taxes and title), minus a “usage allowance” for the miles you drove before the first report of the defect.
- Formula: The usage allowance is typically calculated by multiplying the purchase price by (Miles driven / 120,000).
- Replacement: The manufacturer provides a comparable vehicle, also minus a usage allowance.
- Repair: The manufacturer is ordered to fix the defects and reimburse you for out-of-pocket repair expenses.
How United Law Group Helps With Auto Fraud
While the TxDMV process is designed for consumers, manufacturers often have legal teams ready to dispute your claim. At United Law Group, we specialize in consumer law and fight back against auto fraud. Whether you are dealing with a denied Lemon Law claim or a dealer who sold you a vehicle with a hidden accident history (“wrecked and repaired”), Jack’s Got Your Back. We help you challenge these corporations to seek a full refund, a new vehicle, or significant damages.
Frequently Asked Questions
Does Texas Lemon Law apply to private sales?
No. The vehicle must be purchased or leased from a licensed dealer or lessor in Texas. Private party sales are not covered.
What if my car has over 24,000 miles?
If the problems started before 24,000 miles and you reported them, you may still be eligible, but you must file your complaint within the 6-month grace period after the warranty or mileage limit expires.
Does the law cover aftermarket parts?
No. Defects caused by aftermarket parts or unauthorized modifications (like lift kits or tinting) are typically not covered by the Lemon Law.
