Texas Lemon Law

Texas consumers with lemon vehicles may be protected under either the Texas Lemon Law, the Magnuson-Moss Warranty Act (the federal lemon law), or both. Remedies may include refund, replacement or cash compensation such as diminished value and/or incidental and consequential damages. Attorneys’ fees also available meaning qualified consumers may receive Texas lemon law attorney representation at no cost.

And even if a vehicle doesn’t qualify under either of these lemon laws, the Truth In Lending Act and/or other related car buying laws may provide an avenue to recover cash damages that can help you trade out or pay for repairs.

Connect here for a free, no obligation Texas Lemon Law case review. In most instances to qualify under a lemon law your vehicle must only have an unreasonable repair history under the warranty, including (but not limited to) 3-4 repair attempts for the same problem, 6 repairs total on the vehicle, or 30 days out of service by reason of repair.

Texas Lemon Law Links

Texas Lemon Law (V.T.C.A. 2301.601 to V.T.C.A. 2301.613)

Texas Lemon Law Statutes. V.T.C.A. 2301.601. Definitions

In this subchapter:

(1) “Impairment of market value” means a substantial loss in market value caused by a defect specific to a motor vehicle.
(2) “Owner” means a person who is entitled to enforce a manufacturer’s warranty with respect to a motor vehicle, and who:

(A) purchased the motor vehicle at retail from a license holder;
(B) is a lessor or lessee, other than a sublessee, who purchased or leased the vehicle from a license holder;
(C) is a resident of this state and has registered the vehicle in this state;
(D) purchased or leased the vehicle at retail and is an active duty member of the United States armed forces stationed in this state at the time a proceeding is commenced under this subchapter; or
(E) is:

(i) the transferee or assignee of a person described by Paragraphs (A)-(D);
(ii) a resident of this state; and
(iii) the person who registered the vehicle in this state.

(3) “Reasonable allowance for use” means the amount directly attributable to use of a motor vehicle when the vehicle is not out of service for repair.
(4) “Serious safety hazard” means a life-threatening malfunction or nonconformity that:

(A) substantially impedes a person’s ability to control or operate a motor vehicle for ordinary use or intended purposes; or
(B) creates a substantial risk of fire or explosion.

Texas Lemon Law Rights. V.T.C.A. 2301.602. Duty of Board

(a) The board shall cause a manufacturer, converter, or distributor to perform an obligation imposed by this subchapter.
(b) The board shall adopt rules for the enforcement and implementation of this subchapter.

Texas New Car Lemon Law. V.T.C.A. 2301.603. Conformance With Warranty Required

(a) A manufacturer, converter, or distributor shall make repairs necessary to conform a new motor vehicle to an applicable manufacturer’s, converter’s, or distributor’s express warranty.
(b) Subsection (a) applies after the expiration date of a warranty if:

(1) during the term of the warranty, the owner or the owner’s agent reported the nonconformity to the manufacturer, converter, or distributor, or to a designated agent or franchised dealer of the manufacturer, converter, or distributor; or
(2) a rebuttable presumption relating to the vehicle is created under Section 2301.605.

(c) This subchapter does not limit a remedy available to an owner under a new motor vehicle warranty that extends beyond the provisions of this subchapter.

Texas Automobile Lemon Law. V.T.C.A. 2301.604. Replacement of or Refund for Vehicle

(a) A manufacturer, converter, or distributor that is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle after a reasonable number of attempts shall reimburse the owner for reasonable incidental costs resulting from loss of use of the motor vehicle because of the nonconformity or defect and:

(1) replace the motor vehicle with a comparable motor vehicle; or
(2) accept return of the vehicle from the owner and refund to the owner the full purchase price, less a reasonable allowance for the owner’s use of the vehicle, and any other allowances or refunds payable to the owner.

(b) A refund made for a vehicle for which there is a lienholder shall be made to the owner and lienholder in proportion to each person’s interest in the vehicle.
(c) As necessary to promote the public interest, the board by rule:

(1) shall define the incidental costs that are eligible for reimbursement;
(2) shall specify other requirements necessary to determine an eligible cost; and
(3) may set a maximum amount that is eligible for reimbursement, either by type of eligible cost or by a total for all costs.

Texas Vehicle Lemon Law. V.T.C.A. 2301.605. Rebuttable Presumption–Reasonable Number of Attempts

(a) A rebuttable presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty is established if:

(1) the same nonconformity continues to exist after being subject to repair four or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of:

(A) the date the express warranty expires ; or
(B) 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner ;

(2) the same nonconformity creates a serious safety hazard and continues to exist after causing the vehicle to have been subject to repair two or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of:

(A) the date the express warranty expires ; or
(B) 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner ; or

(3) a nonconformity still exists that substantially impairs the vehicle’s use or market value, the vehicle is out of service for repair for a cumulative total of 30 or more days, and the attempts were made before the earlier of:

(A) the date the express warranty expires; or
(B) 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner.

(b) A period or a number of days or miles described by Subsection (a) is extended for any period that repair services are not available to the owner because of:

(1) a war, invasion, or strike; or
(2) a fire, flood, or other natural disaster.

(c) The 30 days described by Subsection (a)(3) do not include any period during which the manufacturer or distributor lends the owner a comparable motor vehicle while the owner’s vehicle is being repaired by a franchised dealer.

Texas Used Car Lemon Law. V.T.C.A. 2301.606. Conduct of Proceedings

(a) Repealed by Acts 2013, 83rd Leg., ch. 1135 (H.B. 2741), § 140(1) and Acts 2013, 83rd Leg., ch. 1379 (H.B. 1692), § 12.
(b) In a hearing under this subchapter, a manufacturer, converter, or distributor may plead and prove as an affirmative defense to a remedy under this subchapter that a nonconformity:

(1) is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle; or
(2) does not substantially impair the use or market value of the motor vehicle.

(c) An order issued under this subchapter may not require a manufacturer, converter, or distributor to make a refund or to replace a motor vehicle unless:

(1) the owner, a person on behalf of the owner, or the department has provided written notice of the alleged defect or nonconformity to the manufacturer, converter, or distributor; and
(2) the manufacturer, converter, or distributor has been given an opportunity to cure the alleged defect or nonconformity.

(d) A proceeding under this subchapter must be commenced not later than six months after the earliest of:

(1) the expiration date of the express warranty term; or
(2) the dates on which 24 months or 24,000 miles have passed since the date of original delivery of the motor vehicle to an owner.

Texas Used Car Lemon Law. V.T.C.A. 2301.607. Exhaustion of Administrative Remedies; Right to Sue

(a) A refund or replacement under this subchapter because a motor vehicle is alleged to not conform to an express warranty is not available to the owner of the vehicle unless the owner has exhausted the administrative remedies provided by this subchapter.
(b) A refund or replacement under this subchapter is not available to a party in an action against a seller under Chapter 2 or 17, Business & Commerce Code, but is available in an action against a manufacturer, converter, or distributor brought under Chapter 17, Business & Commerce Code, after the owner has exhausted the administrative remedies provided by this subchapter.
(c) If a final order is not issued before the 151st day after the date a complaint is filed under this subchapter, the department shall provide written notice by certified mail to the complainant and to the manufacturer, converter, or distributor of the expiration of the 150-day period and of the complainant’s right to file a civil action. The department shall extend the 150-day period if a delay is requested or caused by the person who filed the complaint.
(d) Notwithstanding a requirement of this section that administrative remedies be exhausted, a person who receives notice under Subsection (c) may file a civil action against any person named in the complaint.
(e) The failure to issue notice under Subsection (c) does not affect a person’s right to bring an action under this chapter.
(f) This subchapter does not limit a right or remedy otherwise available to an owner under another law.
(g) A contractual provision that excludes or modifies a remedy provided by this subchapter is prohibited and is void as against public policy unless the exclusion or modification is made under a settlement agreement between the owner and the manufacturer, converter, or distributor.

Texas Lemon Law Statutes. V.T.C.A. 2301.608. Assessment of Costs for Replacement or Refund

(a) An order issued under this subchapter must name the person responsible for paying the cost of any refund or replacement. A manufacturer, converter, or distributor may not cause a franchised dealer to directly or indirectly pay any money not specifically required by the order .
(b) If the final order requires a manufacturer, converter, or distributor to make a refund or replace a motor vehicle under this subchapter, the final order may require the franchised dealer to reimburse the owner, lienholder, manufacturer, converter, or distributor only for an item or option added to the vehicle by the dealer to the extent that the item or option contributed to the defect that served as the basis for the order.
(c) In a case involving a leased vehicle, the final order may terminate the lease and apportion allowances or refunds, including the reasonable allowance for use, between the lessee and lessor of the vehicle.

Texas Lemon Law Rights. V.T.C.A. 2301.609. Judicial Review

(a) A party to a proceeding under this subchapter that is affected by a final order related to the proceeding is entitled to judicial review of the order under the substantial evidence rule in a district court of Travis County.
(b) Judicial review is subject to Chapter 2001, Government Code, to the extent that chapter is not inconsistent with this chapter.

Texas Lemon Law Rights. V.T.C.A. 2301.610. Disclosure Statement

(a) A manufacturer, distributor, or converter that has been ordered to repurchase or replace a vehicle shall, through its franchised dealer, issue a disclosure statement stating that the vehicle was repurchased or replaced by the manufacturer, distributor, or converter under this subchapter. The statement must accompany the vehicle through the first retail purchase following the issuance of the statement and must include the toll-free telephone number described by Subsection (d) that will enable the purchaser to obtain information about the condition or defect that was the basis of the order for repurchase or replacement.
(b) The manufacturer, distributor, or converter must restore the cause of the repurchase or replacement to factory specifications and issue a new 12-month, 12,000-mile warranty on the vehicle.
(c) The board shall adopt rules for the enforcement of this section.
(d) The department shall maintain a toll-free telephone number to provide information to a person who requests information about a condition or defect that was the basis for repurchase or replacement by an order issued under this subchapter. The department shall maintain an effective method of providing information to a person who makes a request.

Texas New Car Lemon Law. V.T.C.A. 2301.611. Annual Report on Repurchased or Replaced Vehicles

(a) The department shall publish an annual report on the motor vehicles ordered repurchased or replaced under this subchapter.
(b) The report must list the number of vehicles by brand name and model and include a brief description of the conditions or defects that caused the repurchase or replacement.
(c) The department shall make the report available to the public and may charge a reasonable fee to cover the cost of the report.

Texas Automobile Lemon Law. V.T.C.A. 2301.612. Open Records Exception

Information filed with the board under this subchapter is not a public record and is not subject to release under Chapter 552, Government Code, until the complaint is finally resolved by order of the board.

Texas Vehicle Lemon Law. V.T.C.A. 2301.613. Notice to Buyer

(a) The department shall prepare, publish, and distribute information concerning an owner’s rights under this subchapter. The retail seller of a new motor vehicle shall conspicuously post a copy of the information in the area where its customers usually pay for repairs.
(b) The failure to provide notice as required by this section is a violation of this chapter.

Free Attorney Review

11 comments

  1. I wanted to know how do have before the lemon law applies to the car because I have a truck I’m financing and it is having repair problems and they are given me the run around about either paying and getting it fixed or putting me in another truck that will work for me.

  2. I am having problems with my vehicle. I purchase the car a year ago to be exact. Three months after I bought the car I felt something weird was going on. I took it to the dealer and they told me I was just seeing and hearing things. Long story short I have taken the vehicle three times for repairs for the same issue and still have the same problem.

  3. I had a 2010 Kia Rio Lx , and I had been paying on it and getting all kind of repairs done to the car as well. They ripped my car I was so upset because I got a lot of work done to this car I spent thousands of dollars on this car. I called them and ask them to work with me because I been repairing on the car all my money has been spending the car. It was so bad I couldn’t afford to have car insurance. Now I have this other car and bit needs a tune up, oil change, new tires and I just got the car , it has not been two weeks yet. I can not win for loosing.

  4. Firstly you should know what wood burning stoves are, it is a heating household device, this device having capacity the flaming the both things for wood oil and wood resulting biomass arouse. We can combine with it more the just comforts to at all home, as well an astuteness of approach and stylishn

  5. North China Henan prosperous Heavy Industry Machinery Co., Ltd. has rich experience of 10 years of development and production of ball mill equipment and first-class mill production technology, design and production to create overflow ball mill grinding high yield, energy-saving and low consumption,

  6. HHH – Watch Hollywood Exes Season 1 Episode 4 by H now! We have provided a wonderful link for you to watch.It is constantly great to fill your day with pleasure as this Hollywood Exes Season 1 Episode 4 starts the platforms today. In fact, Hollywood Exes Season 1 Episode 4 just one of the power

  7. My grandson’s dodge challenger had a recall for a faulty alternator. He took the car to the dealer to have the alternator replaced. Two weeks after the replacement, the car caught on fire. It was towed back to the dealership that did the replacement, and has been there for two months now. They cannot seem to get the car repaired. They have told his parents that the car is a danger and that it needs to be gotten rid if and when the repairs are made. Shouldn’t the dealership be responsible and pay my grandson for the car if it is not going to be safe? Also, if repairs cannot be made who is responsible? The dealership messed the car up! Shouldn’t they be liable? Should he be stuck with a vehicle that is not safe to drive and no way of selling it? There is still approx. $13,000 still owed on the car! Please help!!!

  8. my new car was bought jan.13 2016 has been in shop 84 days. they cant fix it.ford says they are still working on it.this morning ford motor called an said bring loner car back, they just don’t have time to work on it. took car back to pick up my car. waited a good while on it be brought back around to me from shop.finally was told mmechanic was driving it to check it out brfoe giving it to me.mechanic was sitting on side of road car was dead would not crank.waiting for toe.

  9. During a repurchase, does the manufacture have to refund any monthly payments made on the vehicle.

    • Repurchases are per formula and statutory terms, if done through judicial means. Otherwise they are a negotiation. If you think you have a lemon you should call for a free case review, an experienced lawyer can likely negotiate a better settlement and the automaker has to pay your fees.

Leave a Reply


Free Attorney Review

Confidential InformationNotice: There may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner. If you would like to speak confidentially, please start your free attorney review instead of leaving a reply.


Your email address will not be published. Required fields are marked *

*