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Home For Your State Is my car covered under the Texas lemon law?

Is my car covered under the Texas lemon law?

In Texas, when someone purchases a new car, that comes with a protection in the event that it was sold with unrepairable problems. This is known as the Texas lemon law and it can help consumers to seek damages for paying for a car which did not operate as promised. The Texas lemon law statutes and rules dictate when and how the complaints concerning a vehicle defect should be made. These must be followed to ensure that the consumer has all of his rights preserved.

According to the Texas state Attorney General, all cars sold with a warranty must have that given to the buyer in writing upon purchase of the car. Should a defect in the vehicle be found which cannot be fixed after repeated repair attempts, the consumer has a right under the Texas lemon law to seek damages for the "lemon" car, but he must follow the complaint process to have his case heard.

In Texas, the Department of Transportation charges a $35 complaint fee for grievances filed against new car purchases. This helps to cover the filing fees required to begin the lemon law claim process. After the complaint is received, it will be moved to a Case Advisor. This advisor acts as an informal mediator to attempt to resolve issues with new car purchases on qualifying vehicles. Most cases are heard and resolved within 30 to 60 days of filing; however, if the case cannot be resolved infomally, it will be passed on to an Administrative Law Judge with the State Office of Administrative Hearings (SOAH). At this time, it is the consumer's obligation to prove that the car purchased qualified as a lemon under the Texas lemon law. The manufacturer also has the right to argue at the hearing which is ruled upon 30 to 45 days later. This is the final ruling on the matter of lemon automobiles.

To qualify under the Texas lemon law, the car must still be under warranty when purchased, and a serious defect must be found and repairs attempted within the first 12,000 miles. Should any defect occur and cannot be fixed after two attempts within the first 12,000 and then it still cannot be repaired in the 12,000 miles following the second repair, the car is a lemon. Lemon cars are also those which have serious safety defects which cannot be repaired a second time within 12,000 miles of the first repair attempt. If the vehicle is kept in repairs for longer than 30 cumulative days within the first 24,000 miles, it is a lemon.

The consumer should keep careful records of all repair attempts in order to be able to file a complaint under the Texas lemon law. These records will make the complaint process much smoother and increase the likelihood that the mediator or judge will find in the consumer's favor.