Texas Lemon Law

[MarvBear]

Information from NADA Title & Registration Textbook 2004

 

Texas Lemon Law

 

Manufacturer, distributor, or converter may be required to repurchase or replace a defective vehicle is an owner proves: (1) The complaint was filed within 6 months following the earlier of (a) expiration of the express warranty term of ( b ) 24 months or 24,000 miles following the date of original delivery of the motor vehicle to the owner; (2) After a reasonable number of repair attempts have been undertaken, the defect has not been repaired; (3) The defect substantially impairs the vehicle’s use, market value, or creates a serious safety hazard, and, (4) The manufacturer, distributor or converter received written notice of the defect and an opportunity thereafter to fix it. The Texas statute presumes that is an owner has returned the vehicle for repair 4 or more times for the same defect, 2 or more times for a serious safety hazard, or if the vehicle has been in the shop 30 days or more for various defects, within certain time and mileage limits, then the owner has given the manufacturer, distributor or converter a reasonable number of attempts to fix the defect. NOTE: If a comparable loaner vehicle is provided to the owner during a repair visit, such time will not count toward the 30-day presumption. If an owner proves all of the above, the Motor Vehicle Division may order the manufacturer, distributor, or converter to replace the vehicle or accept its return and refund the owner the full purchase price and certain incidental expense less a reasonable allowance for the owners use of the vehicle. A Texas title vehicle reacquired under the lemon law must be re-titled in Texas by the manufacturer, distributor, or converter. A disclosure statement must accompany the vehicle through the first retail sale and a disclosure label must be affixed to the windshield of the vehicle. Currently, Texas does not have a title remark; however, appropriate records are marked with a “LEGAL RESTRAINT CR 9000” remark to indicate “Manufacturer BuyBack.” For additional information please contact the Consumer Affairs Section of the Motor Vehicle Division at PO Box 2293, Austin, TX 78767