Texas Lemon Law

The Texas Lemon law, contrary to what its name suggests, is not a legislation that deals with the buying and selling of fruit or a ruling against its bright color. In fact, it doesn’t even come close.

The Right Of American Consumers

The Texas Lemon Law involves the right of American consumers who buy either used or new cars or trucks to be able to return defective products and in doing so ask for a refund.

In general, the Texas Lemon Law or Lemon Law, along with the Magnuson-Moss Warranty Act and the Uniform Commercial Code, protects the rights of American citizens to own quality products that give them value for their money.

If a car is found to be a “lemon” the Lemon Law requires automobile manufacturers and not the auto dealers to refund the money a consumer has paid for the vehicle. However, you need to remember states may differ in their definition of what a “lemon” car is and the period of warranty that is given to the consumer.

Texas Lemon Law

The Texas Lemon Law allows for 4 repair attempts or 30 days out of service for defects that are not so life-threatening. In the case of a serious product defect that poses a safety hazard such as problems in the steering wheel or in the brake, the Texas Lemon Law allows for only 2 repair attempts. If the defects have not been fixed after the stated number of repair attempts, a car will then be considered a “lemon” and eligible for refund. Under the Texas Lemon Law the repair attempts should happen within a period of 2 years or 24,000 miles whichever comes first for the 4 attempts. If the defects affect the safety of the car, the auto company is given a period of 1 year or 12,000 miles to repair the damage.

As in other states, the Texas Lemon Law requires consumers to have their cars fixed in an authorized service center. In addition the consumer is not allowed to make any unauthorized modifications or alterations in the car. By following this requirement the consumer will avoid questions that the manufacturer will raise. Since the manufacturer does have the right to investigate and challenge the claim, if the defect has been found to be caused by neglect, abuse and alterations not sanctioned by them then no refunds will be necessary.

Under the Texas Lemon Law consumers are also asked to put their complaint into writing, especially if this is stated in the vehicle’s manual. All supporting documents such as receipt of the purchase stating when the car was bought, repair receipts, as well as diagnosis of the problems should be kept on hand.

The Texas Lemon Law -- in addition to refunding the money -- may invoke the manufacturer to pay for incidental costs that the consumer incurred due to the defect in question. This might consist of towing services and even a rental car while the “lemon” was in the repair shop. Under the Texas Lemon Law, refunds will not be given in full. The purchase price is lessened by the equivalent amount of mileage that the owner has already used.

Just in case a consumer complaint goes to court, most companies have good arbitration programs available that help them keep their legal costs down. Of course, there are some auto manufacturers who will deny that the defect was there when you bought the car. In this case, the complainant is encouraged to seek legal counsel.