TX Lemon Law Statutes

Texas Lemon Law Qualifications

Vehicles Covered

The Texas lemon law covers a motor vehicle, defined as:

  • Every fully self-propelled vehicle that has two or more wheels and has as its primary purpose the transport of persons or property on a public highway;
  • Every fully self-propelled, titled vehicle th at has two or more wheels and has as its primary purpose of off-road transportation of persons or property;
  • An engine, transmission, or rear axle whet her or not attached to a vehicle chassis, that is manufactured for installation in a vehicle having as its primary purpose the transport of persons or property on a public highway and having a gross vehicle weight rating of more than 16,000 pounds; and
  • A towable recreational vehicle.

Consumers Covered

The lemon law covers the following consumers:

  • A person who purchases a motor vehicle at retail from a Texas dealer, and who is entitled to enforce the terms of the manufacturer's warranty;
  • The lessor or lessee (other than a sublessee) who purchased or leased a motor vehicle from a Texas dealer or lessor; or
  • The transferee or assignee of a retail purchaser, lessor or lessee as described above, as long as the transferee or assignee is a re sident of Texas and is entitled to enforce the terms of the manufacturer's warranty.

Vehicle Converters

The lemon law applies to vehicle converters.

Problems Covered

The lemon law covers any defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle. This is referred to as a nonconformity . The Texas Department of Transportation has indicated that the nonconformity must continue to exist.

Reasonable Number Of Repair Attempts

The Texas lemon law establishes a presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if:

  • The same nonconformity continues to exist after being subject to repair four or more times by the manufacturer, converter, or distributor, or any of their agents or franchised dealers. Two of the repair attempts must be made within 12 months or 12,000 miles, whichever occurs first, following the date of original delivery to a consumer. The two other repair attempts mu st be made within 12 months or 12,000 miles, whichever occurs first, immediately following the date of the second repair attempt;
  • The same nonconformity creates a serious safety hazard and continues to exist after being subject to repair two or more times by the manufacturer, converter, or distributor, or any of their agents or franchised dealers. At least one attempt to repair must be made within 12 months or 12,000 miles, whichever occurs first, following the date of original delivery to a consumer. At least one other attempt must be made within 12 months or 12,000 miles, whichever occurs first, after the first repair attempt; or
  • A nonconformity that substantially impairs the vehicle's use or market value still exists and the vehicle is out of service for re pair for a cumulative total of 30 or more days with in the 24 months or 24,000 miles, whichever occurs first, following the date of original delivery to a consumer. At least two repair attempts must be made within the first 12 months or 12,000 miles following the date of original delivery to a consumer.

The initial 12 month or 12,000 mile periods, the subsequent 12 month or 12,000 mile periods, and the 30 day period are extended by any period during which repair services are not available because of war, invasion, strike, fire, flood, or other natural disaster.

The 30 day period does not include any period during which the manufacturer or distributor lends a comparable motor vehicle to the consumer during the time of repairs by a franchised dealer.

Texas Arbitration Requirements

A consumer may not file an action seeking refund or replacement unless the consumer has first exhausted the administrative remedi es through the state-operated arbitration program.

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