Texas Lemon Law - Understand It And Use It To Your Favor

Lemon law, bears no connection with that fruit whatsoever, but deals with the right of the American car owners who have purchased a defective car without being aware of it. Adjudged from this point, Texas Lemon law is an automobile law that supports the consumers who buy or lease new cars with severe concealed defects, to get their cars repaired, repurchased or replaced. Texas Lemon law was put into effect in 1983 by the Texas Legislature and is administered by the Texas Department of Transportation's motor car division and motor car board.

Under what circumstances can you file the Texas Lemon lawsuit?

The Texas Lemon law is not applicable for those car-related problems, which are caused by the owner's neglect, abuse or any unauthorized changes done to it. There are certain pre-requisites for your car to be considered as "lemon" (worthless) and then only are you eligible to file a Texas Lemon lawsuit.

Firstly, it has to be a new car purchased or leased from a licensed dealer in Texas. Secondly, the car has to have severe defect affecting its performance, value or safety, which is covered by the manufacturer's warranty. Thirdly, the defect must be reported to the manufacturer in writing and he must be allowed to give a reasonable number of attempts (usually four) to rectify it. Finally, the car has to meet the mileage requirement (not applicable for TRVs). After this the owner can file a Lemon law complaint by paying the proper filing fees.

How many chances the dealer stands?

Before filing the Texas Lemon lawsuit, the owner of the defective car must give the manufacturer reasonable chances to fix the problem. To determine this "reasonable" period, you need to pass the Four-times test or the serious safety hazard test or the 30 days test.

- If you take your car twice for repair during the first 12 months or 12,000 miles (whichever comes first) followed by two more in the next 12 months or 12,000 miles and still it is not repaired, you pass the four-times test.

- If you take your car for fixing a serious safety hazard once during the first 12 months or 12,000 miles (whichever comes first) followed by another in the following 12 months or 12,000 miles, then you pass the serious safety hazard test.

- If your car is out for servicing for a total number of 30 days during first 24 months or 24,000 miles and there were two prior repair attempts during the first 12 months or 12,000 miles just after delivery and a sincere defect still exists, then you are eligible to pass the 30-days test.

What does the Texas Lemon law cover?

The Lemon law is applicable to cars, trucks, SUVs, vans, motorcycle, motor homes, all- terrain cars and Towable recreational cars (TRVs). Moreover, the TRVs must be registered and titled in Texas, built on a single Chassis and must contain one or more life support systems.

Remember, that you must know your rights and have all the records of the repair before you file the Lemon law suit.

Summary of Author: Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.

Understanding the Texas Lemon Law
 

Contrary to what its name suggests, the Texas Lemon Law is not a legislation that deals with the buying and selling of fruits or rule against its bright color.

It does not even come close.

Rather it involves the right of American consumers, who buy vehicles, used or brand new, cars or trucks, to return defective products and ask for a refund.

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

In general, the Lemon Law requires car manufacturers and not car dealers to refund the money a consumer has paid for if a car is found to be a “lemon.” The definition of a “lemon car” is of course different with every state depending on what the state legislation says. Usually, states differ in their definition of what a “lemon” car is and the period of warranty that is given to the consumer. The Texas Lemon Law, for one, allows for four repair attempts or 30 days out of service for defects that are not so life-threatening. For serious product defects that pose a serious safety hazard such as problems in the steering wheel or in the brake, the Texas Lemon Law allows for only two repair attempts. If after the stated number of repair attempts, the defects have not been fixed, then a car will considered a “lemon” and therefore eligible for refund. The repair attempts under the Texas Lemon Law should of course happen within a period of two years or 24,000 miles whichever comes first for the four attempts. A period of one year or 12,000 miles is given to defects that affect the safety of the car.

Similar to other state laws, the Texas Lemon Law also requires consumers to have their cars fixed in authorized service centers and to make no unauthorized modification or alterations in the car. This is done to avoid questions that will be raised by manufacturer as they are accorded 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 the manufacturer then no refunds will be given. Consumers, under the Texas Lemon Law, are also asked to put their complaint into writing, stating the defects of the car. This is especially needed if it is stated in the vehicle’s manual. Supporting documents should be kept in hand such as receipt of the purchase, which would state when the car was bought, repair receipts as well as diagnosis of the problem.

In addition to refunding the money, the Texas Lemon Law may also invoke the manufacturer to pay for incidental costs that the consumer has incurred due to the defect in question such as towing services and even rental of car while the “lemon” is still in the repair shop. Refunds will also not be given in full. Under the Texas Lemon Law, the purchase price will be lessened by the equivalent amount of the mileage that the owner has used the car.

While most companies have good arbitration programs which they use to cut down legal costs just in case the complaint goes to court, there are some car manufacturers who will remain firm that the defect was not there when you bought the car. If this happens, complainants are encouraged to seek legal counsel.

Terry Dunn is webmaster of http://www.Lemon-Law-Explained.com

 

Looking to find lemon cars? Visit our lemon cars guide

www.CarsCatalog.netCar   Lemon LawFind Car Lemon Law Help in Your State. Get Help Today.
www.CarLemonLawGuide.com The Lemon Law
Compare The Lemon Law Seek Here and You Shall Find
www.genialdeals.comMA  Lemon Law Free Help
Free Legal Help That Gets You A Refund Or New Car! Call Us Today.
www.lemonjustice.com/MASSTexas 
 Lemon Law. Looking To Find Lemon Laws? Visit Our Local Search Directory.
www.TrueLocal.comLemon  Law Attorneys
Save Time Searching! We Have. The Top 5 Sites About the Lemon Law
www.about-lemon-laws.netCalifornia  Boat Lemon Law
Move your career forward with an accredited online degree!
www.CourseAdvisor.comJust  Lemon Law
If you have any type of lemon we can help.
www.justlemonlaw.com
www.lemonlawaz.com  State Lemon Laws & Help