Texas has a consumer protection law which, in the case of vehicles, is known as “Lemon Law”. This protects consumers that have purchased a new car only to later find that it has serious issues that are being covered under warranty, but that simply can’t be fixed. While laws are in place to hold manufacturers responsible for defective vehicles, there’s a lot consumers need to do in order to prove that they do in fact have a lemon, and that they have done everything they can to have the issue fixed.
Lemon Law Archives - The Law Office of WT Johnson Blog
It could happen to anyone. You walk into a car dealership, find a shiny model that fits your specifications to a T, realize it’s for a seemingly too good to be true low price, and close the deal quickly before the salesperson changes their mind. Unfortunately, a week later, a month later, 6 months later, you realize it WAS too good to be true. The car turns out to have fundamental problems that might cost thousands of dollars to repair, and you’re left to pay the bill.
When this happens, we say that you have a lemon on your hands, a car that looked good on the outside, but inside was sour. And while you may think there isn’t any recourse, the truth is you are protected under Texas consumer law. Read the rest »
You’ve recently purchase a new car and after multiple trips to the dealership and repeated repairs, your vehicle simply does not work like it should. If you suspect you have a lemon law claim, talk to an experienced Texas lemon law lawyer for specific advice. Texas’s lemon law allows vehicle owners to seek compensation if they’ve purchased a new vehicle that is defective in some manner that renders it dangerous to drive or inoperable. Gather the following information to help bolster your claim:
- Write down every problem in detail. Describe the problem to the mechanics in detail: when it happens, what sounds or smells are associated with it, and what you do when it happens. If it’s the same problem, use the same words to describe it each time – and write down, with the date, each description you give. Read the rest »
When you buy a new vehicle, you look forward to having reliable, comfortable transportation. But when the vehicle you buy regularly and unexpectedly lets you down, where can you turn? What are your options?
Texas’s “lemon law” provides relief for motorists who have purchased or leased a new motor vehicle. The law applies if the vehicle develops a condition or defect that “substantially impairs” the use, safety, or market value of the vehicle.
Before filing for relief under the Texas Lemon Law, you will have to give the manufacturer a “reasonable opportunity” to fix the defects involved. Depending on the type and severity of the problem, the number of attempts the manufacturer is allowed can vary. In some cases, the defect may be the subject of a recall, so it’s important to speak to an experienced Texas lemon law attorney who can help you pursue all available avenues of relief. Read the rest »
How Many Times Does the Manufacturer Have to Repair My Vehicle Before It Is Eligible for a Texas Lemon Law Claim?
One step you’ll have to perform before filing a lemon law claim is to show that the dealer has had a reasonable number of attempts to fix the vehicle and has failed. There are multiple “tests” for meeting this requirement. Your attorney can help you determine which test applies to your vehicle. Read the rest »
Lemon laws are enforced by the states to protect vehicle owners that have had significant defects in newly purchased or leased vehicles. If you have purchased or leased a vehicle in the last 12 months that has developed a defect that has substantially impaired the vehicles use, safety or value, you may be eligible for relief under the Texas Lemon Law. In order to reap these benefits, a few things have to happen.
4 Times Test
If your new vehicle has been acting up, and you have sought out repairs for the problem more than four times, you may be able to file a lemon law claim. You must have:
visited the dealership for repairs twice for the same problem in the first twelve months or 12,000 miles (whichever comes first)
visited the dealership two more times for repairs, since your second repair attempt, within the first twelve months or 12,000 miles (whichever comes first)
the problem must still exist after the fourth repair attempt
Safety Hazard Test
If the vehicle in question has developed a safety hazard that could be life-threatening and impedes the driver’s ability to control the vehicle, and you have visited the dealership for repairs two or more times, you will pass the safety hazard test. You must have:
visited the dealership for a repair once in the first twelve months or 12,000 miles (whichever comes first)
visited the dealership a second time for repairs during the first twelve months or 12,000 miles (whichever comes first)
the problem must still exist after the second repair attempt
If you pass either of these tests, you may be able to collect benefits. Even if you do not fall under one of these test categories, you may be able to still have a case against the manufacturer. If you are concerned about having a case, it is best to contact an experienced attorney as soon as possible.
What You Can Gain
It is important to know that you have rights to gain something from the guilty party in this situation. Most would think that since you are returning to the dealership for repairs that the dealership would be the one at fault, but it is actually the manufacturer. If you are granted rights under the Lemon Law, you may be entitled to a repurchase of your vehicle, a brand new vehicle replacement or monetary compensation. If you choose to keep your vehicle, after all of this, and want monetary compensation, often an attorney can negotiate extended warranty for you.
It is important to remember when trying to prepare a case against a manufacturer under a Lemon Law is that many states have a Statute of Limitations for cases such as these. In Texas, the Statute of Limitations is 2 years following the delivery of the vehicle. Therefore, if you are wanting to build your case, you need to contact an attorney as soon as possible.
If you have any questions about the Texas Lemon Law and reside in the Dallas area, contact The Law Offices of W.T. Johnson.
In order for your vehicle to be a lemon it has to meet all of these below requirements:
- Has a serious defect or condition.
- Defect or condition is covered by a manufacturer’s written warranty.
- You reported the defect or condition to the dealer or manufacturer within the warranty term.
- You gave the dealer or manufacturer a reasonable number of chances to repair your car.
- You gave the manufacturer (preferably by certified mail) written notice of the defect and at least one repair attempt.
- Defect or condition continues and substantially impairs your car’s use or market value, or creates a serious safety hazard.
- You filed a timely Lemon Law complaint and paid the filing fee.
If you think your car might be a lemon, and you haven’t filed a complaint yet, contact us immediately. There is a strict deadline for Lemon Law complaints, and we can help you determine if you should file one.
If your car met these conditions, you filed a complaint, and it was not settled, you will have a hearing. In order to get the most compensation, you will need an experienced Texas Lemon Law lawyer like those at the Law Office of W.T. Johnson. If you have any questions about Lemon Law, contact us today to set-up a free consultation.
If you would like to discuss your claim with a member of our team, don’t hesitate to call us at (214) 231-0544. We’re ready to help you, and won’t rest until you receive the settlement you deserve.