If you are having trouble with a recently purchased vehicle, you might be eligible for help from the lemon law. Here is more about this law and if you qualify for it.
How Does It Work?
The TX lemon law helps people who have recently purchased a vehicle with a severe defect that the dealer or manufacturer is not correctly repairing. With the proper documentation, your car can be repaired, replaced, or purchased by the manufacturer under this law. It also tends to keep you from enduring a lengthy court case.
What Does the Law Cover?
It covers all new vehicles that develop a defect under the original manufacturer’s warranty, including gas and electric cars, vans, trucks, motorcycles, ATVs, motor homes, and campers. That also includes demonstration vehicles that are purchased new, even if they have miles on them.
Are Used Vehicles Covered?
The Texas lemon law covers some used vehicles. For example, suppose your car is still under the original manufacturer’s warranty, or the defect was reported under this warranty, and repair attempts have not been successful. In that case, you may qualify for the lemon laws.
When Is a Car a Lemon?
The car must have a significant defect to be a lemon. Additionally, this defect must be covered under the original manufacturer’s warranty.
To have your vehicle ruled a lemon, you must report this defect to your dealer while still under warranty. You must give the dealer an appropriate number of tries to fix it. If the dealer cannot fix the problem, you must report it in writing to the manufacturer and give them an effort to resolve the issue. If they cannot resolve it and it drastically reduces the value of your car or creates a safety hazard, you have a lemon.
What Is an Appropriate Number of Dealer Repair Attempts?
The law states that you must provide the dealer with a “reasonable” amount of repair attempts. Fortunately, this can be quantified. To see if you have provided them with enough repair attempts, see if your situation passes the severe safety hazard, four-times, or 30 days test. Remember that vehicles without odometers, such as campers, are exempt from mileage requirements.
What Is the Four-Times Test?
This test is the most common for situations the dealer will not examine closely. To pass this test, you must bring the vehicle to the dealer for the same problem four times within the first 24,000 miles or two years without properly resolving it.
What Is the Serious Hazard Test?
Suppose you have a serious safety concern, such as anything that prevents you from safely controlling the vehicle at all times or presents a fire hazard. In that case, you should rely on the severe safety hazard test. This test requires you to bring the vehicle to the dealer for the same safety issue twice within the first 24,000 miles or two years without properly resolving it.
What Is the 30-Days Test?
The 30 days test is the best option if your car has been at the dealer for an extended period and is still not fixed. This test requires that your vehicle is at the dealer for the same repair for at least 30 days without adequately settling the situation.
How Quickly Must You File a Complaint?
You must file your complaint within six months of the warranty’s expiration, 24,000 miles, or two years. However, you should file it as soon as your vehicle is eligible.
Lemon laws can make dealing with a serious defect on your new car easier. Be sure to look up the law to get more information if you think you qualify.