Buying a new car is a significant decision that requires careful deliberation, financial savviness, and, as it turns out, a little luck. Even the most seasoned consumer who performs extensive research and knows all the right questions to ask can find themselves in possession of a defective vehicle, or lemon.
If you plan on purchasing a new vehicle in the State of Texas in the near future, this article will cover everything you should know about the Texas Lemon Law before you commit. The Texas Lemon Law is complex and specific, and if you are unable to provide the proper evidence that your car is defective, you could lose your ability to gain potential relief. If you have any remaining questions after you finish reading this article that pertain to defective vehicles or lemon law statutes, consult a Texas Lemon Law attorney from The Law Office of Darin Siefkes, PLLC.
Differing Definitions of “New” Can be Confusing
The Texas Lemon Law covers any vehicle that is still covered under the manufacturer’s written warranty. There are many types of vehicle warranties. Some warranties are limited in scope and don’t protect every part and component of a vehicle. Just because a car is new to the consumer doesn’t necessarily mean it is considered new in the eyes of the Texas Lemon Law. This distinction can have a tremendous effect on your ability to move on from a car you believe to be defective. Only new vehicles are eligible for repurchase or replacement, but any car under warranty is eligible for repair.
Understand the “Reasonable Attempts” to Repair Provision
If you have purchased a new vehicle and it hasn’t performed the way you imagined, that doesn’t automatically entitle you to a repurchase of your vehicle, brand new replacement, or monetary compensation. First, you need to be able to prove that you have given the manufacturer a reasonable number of attempts to fix the issue. There are three tests that have been approved by the Texas Department of Motor Vehicles (TxDMV) for gauging whether or not the consumer has provided the manufacturer with ample opportunity to fix an alleged defect, including:
- The Four Times Test
- The Serious Safety Hazard Test
- The 30 Day Test
Our Texas lemon law attorneys can help you verify whether or not your case meets the criteria for one or more of these tests. In order to do so, it is imperative that you maintain a record of important documents, repair invoices, and notes detailing the various conversations you have had with the manufacturer, dealer, and any service technicians that have worked with your vehicle.
Hire a Lawyer to File Your Lemon Law Complaint
Due to the strict deadlines and particular circumstances that must be met to move forward with an eligible claim, many consumers opt to hire a Texas Lemon Law attorney before the notice is sent. An attorney can gauge your case and accurately determine whether or not you are eligible for potential relief under the Texas Lemon Law statute. Not only can you avoid the common misconceptions about the Texas Lemon Law, but you can also have an experienced professional review your repair invoices and even pursue alternative statues for potential relief if you don’t qualify.
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.