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.