Texas Lemon Law FAQ & Lemon Law Information

At the J. Alexander Law Firm, we believe informed clients are the best clients. That’s why we’ve collected our most frequently asked questions about Texas Lemon Law.

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We Answer The 8 Most Commonly Asked Questions Below

Texas Lemon Law FAQ & Lemon Law Information

Scroll through these lemon law questions to find out if you may be eligible for protection under state laws.

A lemon is a vehicle that has a substantial defect that’s covered by the original manufacturer’s warranty but isn’t fixable.

One of the most common lemon law questions we get is whether something counts as a substantial defect. A substantial defect is a problem that interferes with the vehicle’s operation, safety or value. It can include things like faulty brake systems, a bad steering system or another major problem.

What about minor defects? 

Minor defects are those that don’t interfere with your operation of the vehicle or its safety or value. Typically, minor defects aren’t covered under lemon laws – but it’s worth checking with an attorney to find out if the minor defects affecting your car could be.

In the vast majority of cases, you must allow the manufacturer reasonable repair attempts. The number of times a manufacturer or dealer needs to try to repair an issue depends on the nature of the issue. For example, the dealer may be allowed to attempt to repair the vehicle up to four times before lemon law kicks in – but if the vehicle is a serious safety hazard, you may only need to allow two attempts.

The 30-Day Test is a measure of whether you’re eligible for protection under Texas lemon law. If you bring your vehicle to the dealer for repairs and the dealer doesn’t give you a comparable loaner vehicle – and the vehicle is in the shop for 30 or more days during the first 24 months you’ve owned it, you pass the 30-Day Test.

Another measure of eligibility for protection under lemon law is the Four Times Test. The Four Times Test says that if you bring your vehicle in for repairs four times (for the same defect) within the first 24 months you’ve owned it (or 24,000 miles, whichever comes first), but the problem still persists, you pass the Four Times Test.

The final measure of eligibility for lemon law protections is the Serious Safety Hazard Test. The Serious Safety Hazard Test refers to a vehicle malfunction that impairs your ability to control or operate the vehicle normally, or a problem that creates a “substantial risk of fire or explosion.” If you’ve taken the vehicle in for repair of the same issue twice (or more) within the first 24 months you’ve owned it (or 24,000 miles, whichever comes first), but the problem still persists, you’ll pass the Serious Safety Hazard Test.

Lemon law may or may not apply to used vehicles. Usually, it only covers new or certified pre-owned vehicles. However, if you buy a used vehicle that’s still covered by the original manufacturer’s warranty, you could be eligible for protection. It’s best to talk to a lemon law lawyer about your specific situation.

Your attorney will most likely ask you for documentation that backs up your claim. You may need to bring in proof that you took your vehicle to the dealer for repair, your purchase contract and your warranty information. If there’s anything specific your lawyer needs, he’ll ask you to provide it.

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