Mar 16 2020

If you recently purchased a new vehicle that is left sitting in your garage in a state of disrepair, you likely have a few questions related to lemon law and filing a claim. Under Texas Lemon Law, if you recently bought a new car, you may be eligible for relief. In this article, a vehicle lemon law attorney in Texas will answer several common questions related to eligibility requirements to file a claim.

If you recently purchased a new vehicle that’s showing signs of a serious defect and covered under the manufacturer’s warranty, consult the Law Office of Darin Siefkes, PLLC, for knowledgeable and experienced representation. 

Here are six questions to determine if relief is an option: 

1) Did you purchase, repair, or register your vehicle in the State of Texas?

Each state has their own criteria for lemon law protections and their own governing body that administers lemon law. Texas Lemon Law is regulated by the Texas Department of Motor Vehicles (TxDMV). In order to qualify for a claim in Texas, your vehicle must be related (bought, repaired, or registered) to the Longhorn State in some form. 

2) Does your lemon involve multiple states?

If you purchased or had repair work performed at a dealership in another state, you may qualify for a lemon law claim in either Texas or the other state. If your vehicle is connected to the State of Texas or involved in other states (including Texas), consult an attorney.          

3) Did you purchase the car from a licensed dealer?

You must have purchased your new vehicle from a licensed dealer or leasing company to qualify. Similarly, any repair work must be performed at a certified dealership. If you bought the car from a friend, lemon law won’t bend. 

4) Is the problem recurring? Is it considered a serious defect?

Although a rattle is unsettling, it doesn’t necessarily constitute a lemon law claim. The issue must be recurring and considered “serious.” For example, if the vehicle backfires under acceleration, lacks power, intermittently dies, runs poorly or can’t turn over, these are all examples of a car with poor drivability. Furthermore, any problem that presents safety concerns is a serious defect.  

5) Is the issue covered under the manufacturer’s warranty?

A lot of people purchase a new vehicle, have a problem, and assume their car is covered, only to find that the recurring issue is not covered under the manufacturer’s warranty. Similarly, other people may be dealing with an issue covered under the warranty, only to find that the terms of the warranty have expired. Vehicle warranties can be a complex topic, as the terms within a warranty can vary significantly. Fortunately, a vehicle lemon law attorney in Texas can provide you with valuable insight related to your warranty and whether or not you qualify for a claim.  

6) Did you report the defect to the dealer or manufacturer?

There are specific steps you must take before relief can be obtained. First, you must give the dealership or manufacturer the opportunity to make things right. Whether or not your lemon qualifies under Texas Lemon Law depends on the number of times you took the car in for repairs, when the repairs occured, and the total mileage of your vehicle at the time of those repairs. 

To learn whether or not your lemon meets requirements to file a claim in Texas, speak with legal counsel experienced in vehicle lemon law in Texas. We can assess your potential claim and, if you qualify, assist you with filing a complaint. As there are strict deadlines associated with Texas Lemon Law, do not hesitate to contact a lemon law firm. 

If you would like to learn more about vehicle lemon law in Texas or to speak with one of our experienced lemon law attorney 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.