Apr 16 2020

If you purchased a new vehicle with substantial defects that impair its use, safety, or value, you may be eligible to file a lemon law claim. In this brief article, a vehicle lemon law attorney in Texas with the Law Office of Darin Siefkes, PLLC, goes over a few key tips for successfully filing a Texas Lemon Law claim. 

Related: Does My Lemon Qualify for a Claim? 

Keep Detailed Records

Meticulous record keeping can mean the difference between a successful and unsuccessful lemon law claim, as a vehicle lemon law lawyer in Texas will need these records to build and present your claim.  The recordkeeping process should begin from the time you first purchase the vehicle, and any problems with the vehicle should be immediately and accurately documented. Due to the fact that drivers must show that they have made “reasonable attempts” to let the manufacturer repair the defect, you should keep a record of: 

  • When you first took in the vehicle for repairs
  • What repairs took place 
  • How long the repair lasted before your vehicle was returned 

Avoid leaving the repair facility without a copy of the work order. If the work order is inaccurate, have it fixed by the dealer. Additionally, keep a copy of the invoice you receive following the repair. This will prevent any discrepancies between your records and the dealer’s records and prevent the dealership from claiming you did not attempt to have the vehicle repaired. 

Related: 3 Things to Look For in a Lemon Law Claim

Notify the Manufacturer

In order to invoke lemon law and make a claim, you must provide notice to your vehicle’s manufacturer that you are experiencing a defect-related problem. This notice should come in the form of a certified letter with a return receipt to the nearest regional office of the manufacturer listed in your vehicle’s documentation. We recommend that the letter come from a law firm.  You should bring a copy of the letter with you to the dealership when you bring your vehicle in for repairs and keep a copy for your own records.

The letter should include:

  • The make, model, year, and VIN of the vehicle 
  • The date it came into your possession 
  • Where you purchased the vehicle
  • A list of defects found by the dealership 
  • How many times you have taken the vehicle into the dealership for repairs

It’s important to state that the manufacturer has breached their express and implied warranty, your demand to have the vehicle repaired or replaced, and how the manufacturer can contact you. 

Hire a Lemon Law Attorney

Finally, the most invaluable resource for filing a lemon law claim will be a vehicle lemon law attorney in Texas familiar with Texas Lemon Law, the Magnuson-Moss Warranty Act, and other relevant state laws required to successfully file your claim. First, the attorney will help you determine whether or not you have cause to file a claim and if your vehicle is covered under Texas Lemon Law. Then, they will help you understand the claim filing deadlines as well as what needs to be done within the required time frame. Even if you think you have a decent grasp on Texas Lemon Law, it would be beneficial to consider having someone else represent you, as consumers are at a major disadvantage against manufacturers and their legal teams. 

If you would like to speak with an experienced vehicle lemon law lawyer in Texas about issues you’re having with your new car, 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.