Over the years, the Law Office of Darin Siefkes, PLLC, has handled hundreds of lemon law claims in Texas. We acknowledge that every new car should be free of defects when purchased from the dealership and are passionate about serving drivers in Texas who have had the misfortune of purchasing a lemon. From Jeeps to Chevrolets to Chryslers and beyond, we’ve seen just about every type of lemon you can imagine, and we’ve helped many of these unfortunate drivers gain relief in the form of a repurchase, replacement, or monetary compensation.
When a person’s brand new vehicle starts to act up, they often find themselves wondering: What is the lemon law in Texas? Many drivers are unaware of the Texas Lemon Law at all until their car starts to behave strangely; however, these laws are important to anyone who plans to purchase a new vehicle, which is why we’re exploring three things to look for in a potential lemon law claim. If you strongly believe that your new vehicle is defective, consult the Law Office of Darin Siefkes to learn about your next steps for filing a claim.
1. Is Your Car New?
If there’s one thing every driver in Texas should know about the Texas Lemon Law, it’s that it only covers new vehicles that are under warranty. As soon as the manufacturer’s written warranty has expired, it becomes nearly impossible to procure a repurchase, replacement, or monetary compensation for your defective vehicle. In other words, time is of the essence. Once your new vehicle starts to spend more and more time in the shop, pick up a phone and contact an attorney who is experienced handling cases that deal with the Texas Lemon Law and a new car.
Related: 3 Little Known Facts About the Texas Lemon Law
2. Substantial Impairment
According to the Texas Department of Motor Vehicles (TxDMV), a new vehicle that has been purchased or leased must show signs of a “defect or condition that substantially impairs the motor vehicle’s use, market value or safety” to maintain eligibility under the Texas Lemon Law. In other words, if you can barely get from Point A to Point B, or your vehicle’s defect limits your ability to utilize certain salable functions that provide value, you may be eligible for potential relief.
Related: Changes to the Texas Lemon Law in 2020
3. Reasonable Attempts to Repair
Is your car new? Does it appear to have a substantial defect? If you answered “yes” to both of these questions, naturally, your next step will be to attempt to get your vehicle repaired. This is another key component of lemon law claims in Texas. Drivers must showcase that they have made “reasonable attempts” to let the manufacturer repair the defect. This can be proven one of three ways:
- The Four Times Test: Four attempted repairs for the same defect within the first two years or 24,000 miles (whichever occurs first).
- The Serious Safety Hazard Test: Two or more attempted repairs for a “life-threatening malfunction” within the first two years or 24,000 miles (whichever occurs first) that failed to fix the problem.
- The 30 Day Test: Vehicle was out of service for a total of 30 or more days during the first two years or 24,000 miles (whichever occurs first) and the problem wasn’t fixed. Furthermore, no comparable loaner vehicle was provided for use by the driver during this time period.
After browsing the information in this article, can you answer the all-important question: What is the lemon law in Texas? If not, don’t worry! We can help you determine whether or not your vehicle qualifies for potential relief under the Texas Lemon Law.
If you would like to speak with an experienced attorney about the Texas Lemon Law and 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.