Vehicle Defects

Understanding Vehicle Defects Under Texas Lemon Law

When you purchase or lease a new vehicle in Texas, you expect it to function properly and be free from significant defects. Unfortunately, some vehicles suffer from manufacturing defects, design flaws, or quality control issues that substantially impair their use, value, or safety. Texas lemon law provides important protections for consumers who find themselves with defective vehicles.

The Texas Lemon Law, formally known as the Texas Motor Vehicle Commission Code, protects consumers who purchase or lease new motor vehicles that have substantial defects covered by warranty. If your vehicle has recurring problems that cannot be repaired after reasonable attempts, you may be entitled to a replacement vehicle or refund under Texas law.

Types of Vehicle Defects Covered

Texas lemon law covers a wide range of vehicle defects that can substantially impair a vehicle's use, value, or safety:

Engine and Powertrain Defects: Problems with engines, transmissions, differentials, or other major mechanical components that affect vehicle performance, reliability, or fuel economy.

Safety-Related Defects: Issues with brakes, steering systems, airbags, seatbelts, or other safety equipment that could create hazardous driving conditions or increase accident risk.

Electrical System Problems: Defects in computerized systems, wiring harnesses, electronic modules, or other electrical components that cause multiple symptoms or prevent proper vehicle operation.

Structural and Body Defects: Problems with the vehicle's frame, body panels, doors, windows, or other structural components that affect safety, security, or weatherproofing.

HVAC and Comfort System Issues: Defects in air conditioning, heating, ventilation, or other comfort systems that significantly impact the vehicle's usability, especially in Texas's extreme climate.

Texas Lemon Law Requirements

To qualify for relief under Texas lemon law, several conditions must be met:

New Vehicle Requirement: The vehicle must be new and purchased or leased in Texas from an authorized dealer.

Warranty Coverage: The defect must be covered by the manufacturer's express warranty and must have manifested during the warranty period.

Substantial Impairment: The defect must substantially impair the vehicle's use, market value, or safety to the consumer.

Reasonable Repair Attempts: You must allow the manufacturer or authorized dealer reasonable opportunities to repair the defect. Generally, this means four repair attempts for the same problem, or the vehicle being out of service for 30+ days for warranty repairs.

Proper Notice: You must notify the manufacturer of the defect and provide opportunities for repair before seeking lemon law relief.

The Repair Attempt Standard

Texas law requires consumers to give manufacturers reasonable opportunities to fix defective vehicles before qualifying for lemon law remedies:

Four Repair Attempts: For most defects, you must allow four repair attempts for the same substantial defect during the warranty period.

Two Attempts for Safety Issues: For defects that create a serious safety hazard, only two repair attempts are required before the vehicle may qualify as a lemon.

30-Day Rule: If your vehicle has been in the shop for warranty repairs for a cumulative total of 30+ days, it may qualify for lemon law relief even without multiple repair attempts for the same problem.

Final Repair Opportunity: After meeting the repair attempt requirements, you must give the manufacturer one final opportunity to repair the vehicle before pursuing legal remedies.

Available Remedies in Texas

If your vehicle qualifies as a lemon under Texas law, you have two primary remedy options:

Replacement Vehicle: The manufacturer must provide you with a comparable new vehicle of the same line and model, or if unavailable, a reasonably equivalent vehicle. You may be responsible for any difference in price if you choose a more expensive vehicle.

Refund: Instead of replacement, you may choose a full refund including the cash purchase price, down payment, monthly payments made, finance charges, sales tax, license fees, and other official fees. The manufacturer may deduct a reasonable allowance for your use of the vehicle.

Incidental Damages: Texas law also provides for reimbursement of reasonable incidental costs such as towing, rental car expenses, and other costs directly caused by the vehicle defect.

Working with Lemon Law Attorneys

Texas lemon law cases can be complex, involving detailed documentation requirements, specific legal procedures, and negotiations with manufacturer representatives who have extensive experience in these matters. Having experienced legal representation can make the difference between a successful claim and a denied one.

Qualified lemon law attorneys understand how to properly document defects, communicate with manufacturers, navigate arbitration processes, and if necessary, pursue litigation to protect your rights. They know the common tactics manufacturers use to avoid their obligations and can develop strategies to counter these approaches.

Protecting Your Rights

If you believe your vehicle may have defects covered by Texas lemon law, taking proper steps early in the process is crucial:

Document every problem with your vehicle, including when issues occur, how they affect vehicle operation, and any safety concerns. Keep detailed records of every repair attempt, including dates, work performed, parts replaced, and time spent in the shop.

Always take your vehicle to authorized dealers for warranty repairs and follow manufacturer procedures exactly. Avoid independent repairs that might give manufacturers grounds to deny warranty coverage.

Keep all paperwork related to your vehicle purchase, warranty, and repairs. This documentation will be essential if you need to pursue lemon law remedies.

Don't wait if problems persist after multiple repair attempts. Texas lemon law has specific time limits and requirements that must be met to preserve your rights.

Frequently Asked Questions

How many repair attempts are required under Texas lemon law?

Generally, you must allow four repair attempts for the same substantial defect, or two attempts for safety-related defects, or the vehicle must be out of service for 30+ days for warranty repairs.

Does Texas lemon law cover used vehicles?

No, Texas lemon law only covers new vehicles that are purchased or leased from authorized dealers and are still covered by the manufacturer's express warranty.

What types of vehicle defects are covered by Texas lemon law?

Texas lemon law covers defects that substantially impair the vehicle's use, value, or safety, including engine problems, safety system failures, electrical issues, structural defects, and HVAC problems.

Can I get attorney fees covered in a Texas lemon law case?

Yes, if you prevail in a Texas lemon law case, the manufacturer may be required to pay reasonable attorney's fees and costs, though this is subject to specific legal requirements.