Each state has its own consumer protection law, or “lemon law” when it comes to motor vehicle defects. Texas lemon law provides those who are dealing with chronic malfunctioning cars with financial protection. Basically, if you buy a car that is flawed with problems covered under the warranty that can’t be fixed, you are qualified to receive a full refund or a replacement vehicle. However, qualifying for these benefits is more complicated than it may seem.
- In order for your vehicle to qualify under the lemon law, it must meet these conditions:
- This law covers vehicles with two or more wheels, used as a form of transportation for people or property. Having a GVW of 18,000 lbs or more.
- The vehicle must have a minimum of four repair attempts or 30 days out of service. Two repair attempts if the repair was for a serious safety hazard.
- The amount of time you have to qualify for this law is the express warranty period or one year, which ever occurs first.
If your vehicle meets these qualifications, the following are what your dealer or the manufacturer must compensate under the lemon law:
- Costs resulting from loss of use of the motor vehicle due to the defect.
- Replace the defective vehicle with a comparable one, or
- Accept the return of the vehicle from the owner and give the owner a full refund, along with any other refunds payable to the owner.
WHAT’S NEXT?
If you think your car qualifies under the lemon law, there are a few crucial steps to take. First, it’s extremely important to document and keep records of every problem you experience after purchasing your vehicle. Keep records of all problems, repairs performed, and the amount of time you were without your car due to these repairs. Texas lemon laws can be complex and usually don’t go into effect right away, so documenting everything is important.
Second, you must communicate to the dealer attempting to fix your vehicle, that you believe it qualifies for the lemon law. If the dealer doesn’t comply, contact the manufacturer about the problem.
Lastly, you should look into hiring a lemon law attorney. If the attorney wins your case, the manufacturer pays your legal fees. If you feel the dealer and manufacturer have not provided restitution, hiring an attorney is the best option.
WHAT MOTOR VEHICLES ARE ELIGIBLE?
Motor vehicles that are eligible under the lemon law include:
- Cars
- Trucks
- Motorcycles
- Motorhomes
- All terrain vehicles
Vehicle defect lawsuits are a specialized area of personal injury lawsuits. It takes attorneys who are familiar with Texas lemon law and vehicle defect cases. The Kyle Law Firm will help you get the legal help necessary for negotiating a settlement. If a settlement can’t be reached, we will go to trial on your behalf. Contact The Kyle Law Firm today to schedule your free consultation.
