Aug 24 2021

One of the questions that San Angelo Lemon Lawyers are asked is if used cars are covered as well as new cars. Let’s take a deeper look into the application of the Texas Lemon Law for new and used vehicles.

New Vehicles

The Texas Lemon Law applies to new vehicles that pass specific requirements to qualify a car as a lemon. New vehicles with a written manufacturer’s warranty are covered. Essentially, any new vehicle that has a manufacturer’s warranty and a defect that is explicitly covered by that warranty.

Lemon laws apply to nearly all new vehicles except for a few specific classes of vehicle. If you bought a new vehicle that you think is a lemon, ask a San Angelo Lemon Law Attorney for assistance.

New Cars Sold “As-Is”

Cars sold “as-is” are not eligible for any protections under the Texas Lemon Law. However, if the car was sold with a warranty, it is protected. If there is no proof that there was a warranty at the time of purchase, there is no way to prove that it’s covered.

Used Vehicles

Unfortunately, the lemon law will not be effective in helping people that bought used vehicles. Extended use by previous owners, failure to properly maintain a vehicle, and a host of other reasons make it virtually impossible to say that a manufacturer is responsible for a used car’s defects. Additionally, the statute of limitations are tied into the original sale of the vehicle. If you bought a used car that you think is a lemon, you can discuss it with a San Angelo Lemon Law Firm. They may be able to help you get additional repairs, but that is the extent of what they can do.

Exceptions to the Law

For the most part, non-transport vehicles are not covered. For example, farm equipment is not covered under Texas lemon law. Boats, non-travel trailers, and any vehicles that have been repossessed are not covered either.

The Texas Lemon Law does not cover problems that occur as the result of your car being damaged due to use. This includes if your vehicle is hit, bad gas or other non-manufacturing defect. In those cases, you should seek compensation for those damages through other legal means such as a personal injury claim against whoever was responsible for the accident or an insurance claim against their insurance company.

Lemon Tests

There are several tests that you can use to help determine if your car is a lemon. You do not have to pass these tests to have a lawyer file a lemon law claim. However, these tests are helpful in measuring the extent of the problem with your vehicle.

A San Angelo Lemon Law Attorney can help with these tests and any potential legal action that you are considering. These tests include:

  • An excessive number of mechanical repairs fail to fix the problem within the first 24 months of ownership.
  • Needing excessive mechanical repairs within the first 24,000 miles.
  • If your vehicle has been out of service for at least 30 combined days.
  • Your car is unsafe to drive.

These are just basic tests to help you understand if your car is a lemon. Before taking any legal action on your own, consult a lemon lawyer for guidance and assistance.

You do not have to stick with a lemon, you just might need help from a San Angelo Lemon Law Attorney. If you have questions about a vehicle that you purchased within the last 24 months, contact a San Angelo Lemon Lawyer from The Law Office of Darin Siefkes.

If you have more questions on the Lemon Law, get a Free Case Evaluation today!