Lemon Laws

Lemon laws.

When can I use the Texas Lemon Law? The Texas DMV website says.
If you have purchased or leased a new motor vehicle and it develops a defect or condition that substantially impairs the motor vehicle’s use, market value or safety, you may be eligible for relief under the Texas Lemon Law. You are required to allow the manufacturer a reasonable opportunity to repair the defect(s) before you may file a complaint for lemon law relief. There is a $35 filing fee required with the submission of the Lemon Law complaint form. The number of reasonable attempts to repair the defect(s) may vary based upon the defect’s effect on the normal operation of the motor vehicle.

How many “reasonable attempts” to repair a defect is the manufacturer allowed?
One way to show the dealer has had a reasonable number of attempts to fix a defect is to pass one of the following tests. Mileage requirements in the tests do not apply to travel trailers.

The Four Times Test
You pass this test if you have taken your vehicle to the dealership for repair

Four (4) times for the same defect(s) within the first two years or 24,000 miles, whichever comes first; and
the problem continues to exist.
The Serious Safety Hazard Test
A serious safety hazard is a life-threatening malfunction that substantially impedes your ability to control or operate the vehicle normally, or that creates a substantial risk of fire or explosion. You pass this test if you have taken your vehicle to the dealership two or more times for the repair of a serious safety hazard

during first two years or 24,000 miles, whichever comes first, and
the problem continues to exist.
The 30 Day Test
If your new vehicle has been out of service for repair due to a defect(s) that substantially impairs the use or market value of the vehicle due to defects covered by the warranty for a total of 30 or more days during the first 24 months or 24,000 miles, and the problem still exists. If no comparable loaner vehicle was provided to you by the dealer during this time period, you pass the test.

It is advisable to contact the Lemon Law Section of the Texas Department of Motor Vehicles (TxDMV) for more specific information and assistance at (888) 368-4689.

What motor vehicles are eligible?
Cars, trucks, motorcycles, motor homes and all-terrain vehicles are covered, as well as demonstrator vehicles that develop problems covered by a manufacturer’s written warranty. Travel trailers must be titled and registered in Texas to be eligible.

Are used motor vehicles covered?
Your used vehicle may be covered under current state laws. Texas laws related to warranty performance may cover your vehicle if your used vehicle is still covered by the manufacturer’s original warranty (not an extended service contract), or if the problem started and was reported to the dealer while under the manufacturer’s original warranty and it continues to exist, repair assistance of the warranty-related problem may be available to you.

lemon laws Conroe Texas
Montgomery county attorney