Oct 28 2019

Congratulations Texas drivers! We’re approaching a major milestone in the Texas Lemon Law: the elimination of the complicated repair attempts test that was replaced with the current model two years ago. Since the old test is based on the sale date of the vehicle, some drivers must still prove that they have a lemon using the old, complicated method. Fortunately, the statute of limitations on the lemon law is a maximum of two years and six months, which means nobody will have to deal with the old test for the majority of 2020.

In this article, a Texas Lemon Law attorney from The Law Office of Darin Siefkes, PLLC, will discuss the old, complicated test and the current test that all drivers should be familiar with when purchasing a new vehicle. Remember, the lemon law is highly specific and not all vehicles with “problems” will qualify for relief. To get a better idea of whether or not your vehicle qualifies for potential relief, keep a record of all your repair invoices and consult a Texas Lemon Law attorney.

Out With the Old

It’s not hard to see why the State of Texas revamped the repair attempts test two years ago. The old test was needlessly complicated and put illogical restrictions on the consumer and their vehicle. Let’s break it down: 

  • Under the Texas Lemon Law statute, the driver must be able to prove that their new vehicle has developed a “defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle.”
  • In order to satisfy this statute, the consumer must show that a “reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty.”
  • Under the old statute, the driver would have to prove that “two of the repair attempts were made in the 12 months or 12,000 miles.” This time frame extended from the date the vehicle was received by the owner.
  • Then, the driver would have to repeat the above step, proving that their vehicle required another two repair attempts within the subsequent 12 months or 12,000 miles following the first two repair attempts.

Drivers were relieved when the news broke that a new repair attempts test procedure was being integrated into the Texas Lemon Law statute. Unfortunately, their jubilation was replaced with dismay shortly after when they discovered that the statute of limitations would keep the old test alive for certain drivers, depending on the date they purchased their vehicle.

In With the New

The current test is less nuanced than the original test, which is beneficial to drivers attempting to prove that their vehicle is a bonafide lemon. It combines the two halves of the test that was formerly used to create a single test. To prove that a vehicle qualifies for lemon law relief, the driver must simply show that the vehicle required four repairs over the course of two years or 24,000 miles, whichever came first. These repairs should be for a recurring problem that greatly limits the safety or value of the vehicle.

With the new repair attempts test, drivers only need to focus on a single time frame: the first two years from the date they purchased their vehicle. But that doesn’t mean proving that a vehicle has gotten any easier. Our Texas Lemon Law attorney cannot stress this enough: drivers NEED to retain all repair invoices if they want their case to hold water. 

If you would like to speak with a Texas Lemon Law attorney about whether or not you are eligible for potential relief under the Texas Lemon Law statute, 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.