May 17 2019

There’s nothing more frustrating than finding out you’ve wasted valuable time shopping for a car that turns out to be a lemon. At The Law Office of Darin Siefkes, PLLC, we’ve heard the stories about buyers’ enthusiasm quickly turning sour as they discover that their brand new vehicle is unsafe or unfit to drive, scenarios in which a massive oil leak is revealed mere days into ownership or an engine starts to overheat without any stress being exerted on the vehicle.

New cars purchased in the State of Texas have protections under the lemon law in Texas, which helps consumers gain potential relief in the event that they purchase a vehicle that qualifies as a lemon after meeting various requirements. Consumers should be aware of these protections before they step foot in the dealership. Knowing your rights can help you take the correct action if your newly purchased vehicle has a defect that prevents you from being able to safely drive it or greatly reduces its value.

Notice at Time of Sale

When it comes to the lemon law rules in Texas, both the buyer and the seller need to be cognizant of the actions they must take to safeguard their rights. When you’re shopping for a new car, it’s important to remember that before you make a purchase, the dealer is responsible for providing a notice of the required complaint procedures established by the Texas Lemon Law. If the dealer simply indicates that these provisions are located in the manufacturers’ owners manual, they are not sufficiently satisfying this legal requirement. Such a notice must first be approved by the Consumer Affairs Section of the Texas Department of Motor Vehicles (TxDMV). To simplify this process, Consumer Affairs supplies two notices that have been approved and satisfy the “Notice at Time of Sale” requirement.

Posting the Required Notices

Additionally, franchise dealers in Texas must post the “NOTICE TO NEW MOTOR VEHICLE OWNERS” in accordance with the Texas Lemon Law and Occupations Code Chapter 2301.601 in clear and plain sight within the cashier area of the service department. Consumers should keep an eye out for these notices or ask to see them before finalizing a purchase agreement for a new vehicle. This notice should be easy to locate as they are to be printed on yellow paper according to the TxDMV. Verifying that these notices are being furnished to buyers and posted in the appropriate location in the dealership are two early indicators that the dealership understands and abides by the Texas Lemon Law.

Is your new vehicle spending more and more time in the repair shop? If you would like to speak with our lawyer about the lemon law in Texas, 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.