In the State of Texas, consumers who purchase new vehicles have protections under the Texas Lemon Law, the Magnuson-Moss Warranty Act, and the Texas Deceptive Trade Practices Act (DTPA). These three important laws help ensure that consumers are not financially responsible for a defective vehicle. Lemon law cases in Texas often utilize the Texas Lemon Law as the basis for obtaining relief for consumers, but the Magnuson-Moss Warranty Act and the DTPA can also prove useful if a case is seemingly not covered.
The Texas Lemon Law
Under the Texas Lemon Law, consumers who purchase new vehicles can prove that they have a “lemon” by meeting the requirements for “reasonable attempts” to repair a defective vehicle. If their new vehicle passes the Four Times Test, Serious Safety Hazard Test, or 30 Day Test, they could be eligible for relief under the Texas Lemon Law. Cars, trucks, motorcycles, motor homes, and all-terrain vehicles are covered by this law. While used cars are generally covered by lemon law in Texas, they are only eligible for repairs and not repurchase or replacement. They also may have protections under other laws. Determining your eligibility for relief under Texas Lemon Law is vital to your case. If you want to learn more about your options for dealing with a defective vehicle, you can consult an attorney with experience handling lemon law cases in Texas.
Texas Deceptive Trade Practices Act (DTPA)
The Texas Deceptive Trade Practices Act (DTPA) protects consumers against false, deceptive, or misleading business practices. This includes protections related to automobile warranties. When you partner with a Texas Lemon Law lawyer, and they are unable to obtain relief for you under the Texas Lemon Law or the Magnuson-Moss Warranty Act, they may still be able to pursue a breach of warranty claim under this law.
The Magnuson-Moss Warranty Act
This federal law was enacted to strengthen the power of warranties and ensure that consumers had legal recourse against manufacturers producing substandard products. One important aspect of the Magnuson-Moss Warranty Act is that it established clear definitions of “full” and “limited” warranties. It also limited the use of disclaimers on implied warranties. Essentially, the Magnuson-Moss Warranty Act created stronger protections against breach of warranty, which is why a vehicle with a five-year, 60,000 mile powertrain warranty has to deliver on its written promises to the consumer. Otherwise, the manufacturer will be responsible for providing some form of relief.
It’s important to note that a claim that is actionable under the DTPA may not be actionable under the Magnuson-Moss Warranty Act. This is because the DTPA has lower requirements for establishing proof than the Magnuson-Moss Warranty Act, which is a federal law. Additionally, a case worth over $50,000, which covers many car cases, cannot be removed to federal court.
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.