The Law Office of Darin Siefkes Texas Lemon Law

Blog

Understanding the Different Types of Vehicle Warranties

When you purchase a new vehicle, it comes with a warranty from the manufacturer essentially stating that they have faith in the quality of their product. This assurance is important because it is legally binding and ensures that the consumer isn’t responsible for any defects or mechanical failures that are outside of their control.

When you purchase a new vehicle and it exhibits signs of being defective, the warranty is an important piece of documentation for proving that your vehicle is eligible for relief under Texas Lemon Law. However, there is more than one type of warranty, so it’s important to determine the scope of your coverage. If your new vehicle is spending extended periods of time in the repair shop, it’s important that you maintain records of all repair invoices, understand the specifics of your warranty, and contact a Texas Lemon Law attorney to see if you qualify for relief under the Texas Lemon Law Statute.

Limited Warranties

All warranties for new vehicles must be designated as “limited” or “full” according to the Magnuson-Moss Warranty Act, which was passed in 1975 to help clarify the scope of written warranties provided to consumers by automobile manufacturers. Most warranties are limited, meaning that certain aspects of the vehicle could be uninsured; but don’t worry, this isn’t a trick. Limited warranties capably protect consumers from defective vehicles and are completely legal. However, as a consumer, you should be diligent about what a limited warranty entails for your vehicle.

Bumper to Bumper

The bumper-to-bumper limited warranty is the most common type of warranty offered by manufacturers and typically lasts for at least three years or 36,000 miles. Generally, this warranty takes effect on the date the consumer purchases the vehicle and protects the consumer from major defects that would limit a driver’s ability to safely operate the vehicle. This warranty does not cover parts such as brake pads, tires, and wiper blades from wear and tear damage. Additionally, damage resulting from a car crash, theft, vandalism, general abuse, or vehicle customizations are not covered by bumper-to-bumper warranties.

Powertrain

The powertrain limited warranty is different from the bumper-to-bumper warranty because it only covers parts of a vehicle’s propulsion system. In other words, it covers parts like the engine and transmission. Since the powertrain is typically a vehicle’s largest and most expensive component, this warranty lasts longer than the aforementioned bumper-to-bumper warranty; however, every powertrain warranty is different. Some powertrain warranties last five years or 60,000 miles and other last ten years or 100,000 miles.

If you suspect that your new vehicle is defective under warranty and have had it repaired multiple times at the dealership, save your repair invoices and consult a Texas Lemon Law lawyer to see if you qualify for relief under Texas Lemon Law.

Is your new vehicle spending more and more time in the repair shop? If you would like to speak with a Texas Lemon Law attorney, 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.

2 Important Reasons to Save Your Repair Invoices

Every time you have your car serviced or repaired, you should receive a repair invoice documenting your vehicle’s repairs, the name of the technician or company that serviced your car, the date of the repairs, and in many cases, a general diagnostic of your vehicle’s overall health. You might toss these invoices in the trash like a receipt from the grocery store, but these invoices are required to pursue a Texas Lemon Law case.

Lemon law rules in Texas require the vehicle owner to provide evidence that their new vehicle has had an unreasonable number of repairs attempts; repair invoices are the way you prove that to get Texas Lemon Law relief.

Preserve Your Ability to File a Texas Lemon Law Complaint

If you believe you have purchased a defective vehicle, you will need to be able to prove that you have taken the vehicle in for repairs at an approved dealership multiple times to meet the legal requirements for Texas Lemon Law relief. One of the best ways to build your case is to maintain a comprehensive record of your past repairs.

The Texas Department of Motor Vehicles (TxDMV) website notes that all drivers who suspect they have purchased a lemon vehicle should “maintain a log that describes the issue with date/time and location recorded,” and “keep all repair orders and records for your vehicle in a safe place.”

Increase Your Compensatory Relief

Under Texas Lemon Law rules, qualifying vehicle owners can receive compensation for their lemon in the form of a repurchase, a replacement vehicle, or repair. However, you can receive compensatory relief in the form of damages under other statutes. Repair invoices help further establish your case and improve your chances of receiving fair compensation.

Whenever you have to take your car in for repairs, retain your repair invoices for future use. Even if you don’t qualify under Texas Lemon Law, these receipts could be valuable in the future.

If you believe you have a defective vehicle per the vehicle 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.

Reasonable Repair Attempts and Texas Lemon Law

When you purchase a new car, you expect your investment to provide you and your family with a safe mode of transportation. Unfortunately, this isn’t always the case. Even the most stringent quality control methods let the occasional “lemon” through the cracks from time to time.

In Texas, customers who purchase a new motor vehicle that develops a defect or condition that compromises its functionality, market value, or safety may be eligible to receive some form of compensation under the Texas Lemon Law.

Determining your eligibility can be confusing without professional help. If you believe that you have purchased a lemon and want to learn more about your rights, consult a Texas Lemon Law attorney.

Eligibility Overview

If you purchase a vehicle that you suspect to be a lemon, you must allow the manufacturer a reasonable opportunity to make the necessary repairs before filing a complaint. Determining what constitutes a “reasonable number” of attempts to fix a defect depends on the severity of the defect and its effect on the drivability of the motor vehicle. Once you have determined that you qualify and you comply with the other provisions of the statute, ideally after consulting with a Texas Lemon Law lawyer, you may file your lemon law complaint form along with a $35 filing fee.

Tests for Determining the Number of Reasonable Repair Attempts

There are three tests to help you determine whether or not you have given the manufacturer a fair number of attempts to fix your new vehicle. Keep in mind that to qualify, all repairs should be covered by the manufacturer’s warranty and there can be certain timing requirements for the repairs.

The Four Times Test: Within the first two years, 24,000 miles, or before the warranty expires, whichever happens first, the vehicle owner has taken their vehicle to an approved dealership for repair four times for the same defect and the problem has not been completely fixed.

The Serious Safety Hazard Test: If a vehicle has a severe malfunction that proves life-threatening or significantly impairs the driver’s ability to safely control or operate it, or alternatively, it poses a risk of fire or explosion, the driver only needs to take the vehicle for attempted repairs two or more times during the first two years, 24,000 miles, or before the warranty expires, whichever happens first. If they meet this qualification and the problem persists, they may be eligible for relief under Texas Lemon Law.

The 30 Day Test: If a vehicle has been sidelined by repairs for a total of 30 or more days during the first 24 months, 24,000 miles, or before the warranty has expired, whichever happens first and the issue persists, the driver may be eligible for relief under Texas Lemon Law. Remember, the defects must depreciate the market value and/or limit the usability of the vehicle as well.

If you believe your lemon vehicle passes one of these tests, consult a Texas Lemon Law lawyer to learn more about how you can receive fair compensation for your lemon.

To start the process of getting the compensation you deserve, fill out 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.