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.
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.