August 2019 – TEXAS LEMON LAW

The Law Office of Darin Siefkes Texas Lemon Law

3 Little Known Facts About the Texas Lemon Law

Resolving lemon law cases in Texas isn’t as simple as declaring that your new vehicle is defective and receiving relief in the form of a repurchase, a replacement, or monetary compensation. The Texas Lemon Law statute is both complex and specific, and consumers who fail to come to grips with the ins and outs of this law may find themselves unable to obtain relief without the assistance of an experienced lawyer.

Despite the many resources available to consumers, filing a successful lemon law complaint can be more challenging than anticipated. Information found online isn’t always consistent with the Texas Lemon Law statute, and determining whether your vehicle meets the criteria for a bonafide lemon requires a precise, impartial examination of your case. If your car is spending more and more time at the dealership for repairs, consult the lawyers at The Law Office of Darin Siefkes, PLLC to see if you are eligible for potential relief under the Texas Lemon Law statute

1. Lemon Law Cases in Texas are Resolved on a Case-by-Case Basis

Whether or not you have a case for your potentially defective vehicle is largely determined by your ability to show proof of the elements of a lemon law claim. You can’t rely on the past experiences of others to obtain relief, even when a recall has been issued for your vehicle. In other words, just because another person submitted a successful claim for a similar issue doesn’t mean you will too. As soon as your vehicle starts to exhibit signs of being defective, you need to maintain a logbook of all repair invoices (with dates), important documents, and even notes on conversations you have held with the dealer, manufacturer, and service technicians. This will help your lawyer determine whether or not you have a case. 

2. The Texas Lemon Law Statute Doesn’t Cover (Most) Used Vehicles

The Texas Lemon Law was designed to provide relief for consumers who purchase vehicles under warranty only to find that their vehicle has a serious defect or abnormal condition covered by their warranty. These laws do not apply to the majority of used vehicles since many of these vehicles are no longer covered by the manufacturer’s written warranty; however, used vehicles under warranty still qualify for repair. If your vehicle doesn’t qualify under the Texas Lemon Law, there are other laws that may be utilized to provide other forms of relief to those who purchase used lemons. Consult an attorney who handles lemon law cases in Texas to see if your vehicle qualifies.

3. Negotiating Directly with the Manufacturer May Hinder Your Claim

Attempting to reach out to the manufacturer directly to resolve your lemon law complaint is a recipe for disaster. Manufacturers will oftentimes dismiss a claim before it even has a chance to succeed. They hire experienced paralegals to assess cases and determine whether or not you have a potential case. If you want to level the playing field, you’ll want to equip yourself with an attorney to ensure that your complaint is irrefutable. Many consumers wrongly assume that they have a lemon simply because their car makes strange noises or shakes when they hit a certain speed. Unfortunately, these signs aren’t always indicative of a substantial defect that affects the value of the vehicle. 

If you would like to find out whether or not you are eligible for potential relief under the Texas Lemon Law statute, please submit our free case evaluation form today.

Everything You Should Know About the Texas Lemon Law Before Buying a New Car

Buying a new car is a significant decision that requires careful deliberation, financial savviness, and, as it turns out, a little luck. Even the most seasoned consumer who performs extensive research and knows all the right questions to ask can find themselves in possession of a defective vehicle, or lemon. 

If you plan on purchasing a new vehicle in the State of Texas in the near future, this article will cover everything you should know about the Texas Lemon Law before you commit. The Texas Lemon Law is complex and specific, and if you are unable to provide the proper evidence that your car is defective, you could lose your ability to gain potential relief. If you have any remaining questions after you finish reading this article that pertain to defective vehicles or lemon law statutes, consult a Texas Lemon Law attorney from The Law Office of Darin Siefkes, PLLC.

Differing Definitions of “New” Can be Confusing

The Texas Lemon Law covers any vehicle that is still covered under the manufacturer’s written warranty. There are many types of vehicle warranties. Some warranties are limited in scope and don’t protect every part and component of a vehicle. Just because a car is new to the consumer doesn’t necessarily mean it is considered new in the eyes of the Texas Lemon Law. This distinction can have a tremendous effect on your ability to move on from a car you believe to be defective. Only new vehicles are eligible for repurchase or replacement, but any car under warranty is eligible for repair.

Understand the “Reasonable Attempts” to Repair Provision

If you have purchased a new vehicle and it hasn’t performed the way you imagined, that doesn’t automatically entitle you to a repurchase of your vehicle, brand new replacement, or monetary compensation. First, you need to be able to prove that you have given the manufacturer a reasonable number of attempts to fix the issue. There are three tests that have been approved by the Texas Department of Motor Vehicles (TxDMV) for gauging whether or not the consumer has provided the manufacturer with ample opportunity to fix an alleged defect, including:

  • The Four Times Test
  • The Serious Safety Hazard Test
  • The 30 Day Test

Our Texas lemon law attorneys can help you verify whether or not your case meets the criteria for one or more of these tests. In order to do so, it is imperative that you maintain a record of important documents, repair invoices, and notes detailing the various conversations you have had with the manufacturer, dealer, and any service technicians that have worked with your vehicle.

Hire a Lawyer to File Your Lemon Law Complaint

Due to the strict deadlines and particular circumstances that must be met to move forward with an eligible claim, many consumers opt to hire a Texas Lemon Law attorney before the notice is sent. An attorney can gauge your case and accurately determine whether or not you are eligible for potential relief under the Texas Lemon Law statute. Not only can you avoid the common misconceptions about the Texas Lemon Law, but you can also have an experienced professional review your repair invoices and even pursue alternative statues for potential relief if you don’t qualify.

If you would like to speak with our experienced Texas Lemon Law attorneys, 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.