The Law Office of Darin Siefkes Texas Lemon Law

Which Laws Protect the Rights of Vehicle Owners in Texas?

In the State of Texas, consumers who purchase new vehicles have protections under the Texas Lemon Law, the Magnuson-Moss Warranty Act, and the Texas Deceptive Trade Practices Act (DTPA). These three important laws help ensure that consumers are not financially responsible for a defective vehicle. Lemon law cases in Texas often utilize the Texas Lemon Law as the basis for obtaining relief for consumers, but the Magnuson-Moss Warranty Act and the DTPA can also prove useful if a case is seemingly not covered.

The Texas Lemon Law

Under the Texas Lemon Law, consumers who purchase new vehicles can prove that they have a “lemon” by meeting the requirements for “reasonable attempts” to repair a defective vehicle. If their new vehicle passes the Four Times Test, Serious Safety Hazard Test, or 30 Day Test, they could be eligible for relief under the Texas Lemon Law. Cars, trucks, motorcycles, motor homes, and all-terrain vehicles are covered by this law. While used cars are generally covered by lemon law in Texas, they are only eligible for repairs and not repurchase or replacement. They also may have protections under other laws. Determining your eligibility for relief under Texas Lemon Law is vital to your case. If you want to learn more about your options for dealing with a defective vehicle, you can consult an attorney with experience handling lemon law cases in Texas.

Texas Deceptive Trade Practices Act (DTPA)

The Texas Deceptive Trade Practices Act (DTPA) protects consumers against false, deceptive, or misleading business practices. This includes protections related to automobile warranties. When you partner with a Texas Lemon Law lawyer, and they are unable to obtain relief for you under the Texas Lemon Law or the Magnuson-Moss Warranty Act, they may still be able to pursue a breach of warranty claim under this law.

The Magnuson-Moss Warranty Act

This federal law was enacted to strengthen the power of warranties and ensure that consumers had legal recourse against manufacturers producing substandard products. One important aspect of the Magnuson-Moss Warranty Act is that it established clear definitions of “full” and “limited” warranties. It also limited the use of disclaimers on implied warranties. Essentially, the Magnuson-Moss Warranty Act created stronger protections against breach of warranty, which is why a vehicle with a five-year, 60,000 mile powertrain warranty has to deliver on its written promises to the consumer. Otherwise, the manufacturer will be responsible for providing some form of relief.

It’s important to note that a claim that is actionable under the DTPA may not be actionable under the Magnuson-Moss Warranty Act. This is because the DTPA has lower requirements for establishing proof than the Magnuson-Moss Warranty Act, which is a federal law. Additionally, a case worth over $50,000, which covers many car cases, cannot be removed to federal court.

If you believe you have a defective vehicle per the lemon law in Texas, please submit our free case evaluation form today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Understanding the Different Types of Vehicle Warranties

When you purchase a new vehicle, it comes with a warranty from the manufacturer essentially stating that they have faith in the quality of their product. This assurance is important because it is legally binding and ensures that the consumer isn’t responsible for any defects or mechanical failures that are outside of their control.

When you purchase a new vehicle and it exhibits signs of being defective, the warranty is an important piece of documentation for proving that your vehicle is eligible for relief under Texas Lemon Law. However, there is more than one type of warranty, so it’s important to determine the scope of your coverage. If your new vehicle is spending extended periods of time in the repair shop, it’s important that you maintain records of all repair invoices, understand the specifics of your warranty, and contact a Texas Lemon Law attorney to see if you qualify for relief under the Texas Lemon Law Statute.

Limited Warranties

All warranties for new vehicles must be designated as “limited” or “full” according to the Magnuson-Moss Warranty Act, which was passed in 1975 to help clarify the scope of written warranties provided to consumers by automobile manufacturers. Most warranties are limited, meaning that certain aspects of the vehicle could be uninsured; but don’t worry, this isn’t a trick. Limited warranties capably protect consumers from defective vehicles and are completely legal. However, as a consumer, you should be diligent about what a limited warranty entails for your vehicle.

Bumper to Bumper

The bumper-to-bumper limited warranty is the most common type of warranty offered by manufacturers and typically lasts for at least three years or 36,000 miles. Generally, this warranty takes effect on the date the consumer purchases the vehicle and protects the consumer from major defects that would limit a driver’s ability to safely operate the vehicle. This warranty does not cover parts such as brake pads, tires, and wiper blades from wear and tear damage. Additionally, damage resulting from a car crash, theft, vandalism, general abuse, or vehicle customizations are not covered by bumper-to-bumper warranties.

Powertrain

The powertrain limited warranty is different from the bumper-to-bumper warranty because it only covers parts of a vehicle’s propulsion system. In other words, it covers parts like the engine and transmission. Since the powertrain is typically a vehicle’s largest and most expensive component, this warranty lasts longer than the aforementioned bumper-to-bumper warranty; however, every powertrain warranty is different. Some powertrain warranties last five years or 60,000 miles and other last ten years or 100,000 miles.

If you suspect that your new vehicle is defective under warranty and have had it repaired multiple times at the dealership, save your repair invoices and consult a Texas Lemon Law lawyer to see if you qualify for relief under Texas Lemon Law.

Is your new vehicle spending more and more time in the repair shop? If you would like to speak with a Texas Lemon Law attorney, please submit our free case evaluation form today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.