April 2020 – TEXAS LEMON LAW

The Law Office of Darin Siefkes Texas Lemon Law

What the Coronavirus Pandemic Means for Your Lemon Law Claim

You have enough on your plate right now without having to worry about your car’s warranty. The spread of coronavirus disease 2019 (COVID-19) has brought life in the Lone Star State to a crawl, with residents sheltering to protect themselves and their loved ones from the virus. But virus or no virus, you need your car, and if you’re reading this, there’s a good chance you’re preparing a lemon law claim. 

What does COVID-19 mean for you and your lemon? That’s just the question our Texas lemon law attorneys are going to answer in today’s article. If you require assistance with your lemon law claim during this difficult time, don’t hesitate to contact the Law Office of Darin Siefkes, PLLC. 

You’re Still On the Clock 

To begin, the COVID-19 pandemic has in no way altered the deadlines required for meeting the state’s lemon law conditions. You must still give the dealer a reasonable amount of attempts to repair the defect that aligns with the four-times test, serious safety-hazard test, or 30-day test. You only have 24 months or 24,000 miles to prove that the dealer has attempted repairs four times, your vehicle has a life-threatening hazard, or your vehicle has been out of service for repair for a total of 30 days. Considering the current pandemic taking place, this won’t be easy. 

Related: Reasonable Repair Attempts and Texas Lemon Law 

You Still Have to Bring Your Car to the Dealership

Texas’ stay-at-home order may have expired, but that doesn’t mean bringing your car in to be serviced will be any easier.  Although your dealership will likely be accepting vehicles for repair during this time, There’s no telling when they’ll be able to inspect or repair your vehicle. Furthermore, the need for social distancing will mean far fewer interactions with your dealership and fewer chances of obtaining repair invoices. Repair invoices are essential for proving lemon law cases. If you do take your car in for repair, be sure to request that invoices be sent via email if they cannot be given in person. Consult a Texas law attorney if you have any questions. 

Related: Lost Your Repair Invoices? Consult the Dealer

Lemon Law Claims in a Time of Uncertainty 

Above all else, don’t jeopardize your own health in the process of getting your car repaired. If you must take your car in to be repaired in order to satisfy the Texas Lemon Law, be sure to comply with CDC recommendations, including those that pertain to social distancing. And again, if you need assistance with your lemon law claim, we are here to help. Our Texas lemon law attorneys can review your case and determine if you are eligible for potential relief under the Texas lemon law — possibly saving you valuable time and trips to the dealership. Until next time, stay safe, and remember, the Law Office of Darin Siefkes, PLLC, is here if you need us. 

If you would like to speak with an experienced Texas lemon law attorney, please submit our free case evaluation form today.

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.

Tips for a Successful Lemon Law Claim

If you purchased a new vehicle with substantial defects that impair its use, safety, or value, you may be eligible to file a lemon law claim. In this brief article, a vehicle lemon law attorney in Texas with the Law Office of Darin Siefkes, PLLC, goes over a few key tips for successfully filing a Texas Lemon Law claim. 

Related: Does My Lemon Qualify for a Claim? 

Keep Detailed Records

Meticulous record keeping can mean the difference between a successful and unsuccessful lemon law claim, as a vehicle lemon law lawyer in Texas will need these records to build and present your claim.  The recordkeeping process should begin from the time you first purchase the vehicle, and any problems with the vehicle should be immediately and accurately documented. Due to the fact that drivers must show that they have made “reasonable attempts” to let the manufacturer repair the defect, you should keep a record of: 

  • When you first took in the vehicle for repairs
  • What repairs took place 
  • How long the repair lasted before your vehicle was returned 

Avoid leaving the repair facility without a copy of the work order. If the work order is inaccurate, have it fixed by the dealer. Additionally, keep a copy of the invoice you receive following the repair. This will prevent any discrepancies between your records and the dealer’s records and prevent the dealership from claiming you did not attempt to have the vehicle repaired. 

Related: 3 Things to Look For in a Lemon Law Claim

Notify the Manufacturer

In order to invoke lemon law and make a claim, you must provide notice to your vehicle’s manufacturer that you are experiencing a defect-related problem. This notice should come in the form of a certified letter with a return receipt to the nearest regional office of the manufacturer listed in your vehicle’s documentation. We recommend that the letter come from a law firm.  You should bring a copy of the letter with you to the dealership when you bring your vehicle in for repairs and keep a copy for your own records.

The letter should include:

  • The make, model, year, and VIN of the vehicle 
  • The date it came into your possession 
  • Where you purchased the vehicle
  • A list of defects found by the dealership 
  • How many times you have taken the vehicle into the dealership for repairs

It’s important to state that the manufacturer has breached their express and implied warranty, your demand to have the vehicle repaired or replaced, and how the manufacturer can contact you. 

Hire a Lemon Law Attorney

Finally, the most invaluable resource for filing a lemon law claim will be a vehicle lemon law attorney in Texas familiar with Texas Lemon Law, the Magnuson-Moss Warranty Act, and other relevant state laws required to successfully file your claim. First, the attorney will help you determine whether or not you have cause to file a claim and if your vehicle is covered under Texas Lemon Law. Then, they will help you understand the claim filing deadlines as well as what needs to be done within the required time frame. Even if you think you have a decent grasp on Texas Lemon Law, it would be beneficial to consider having someone else represent you, as consumers are at a major disadvantage against manufacturers and their legal teams. 

If you would like to speak with an experienced vehicle lemon law lawyer in Texas about issues you’re having with your new car, 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.