What Is Covered by the Texas Lemon Law?
Texas lemon law is similar to that of most other states. It covers new passenger vehicles that have a written warranty. The law's protection only extends for a limited period based on time or mileage. The law imposes strict requirements on the owner to attempt repair of the car's defects before the lemon law protections take effect.
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New Cars
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Texas Lemon law covers new passenger motor vehicles. This includes cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes and towable recreational vehicles. Not covered are any used, repossessed motor vehicles or any non-travel trailers, boats or farm equipment. By law all new vehicles must have a written warranty agreement, and the Texas lemon law only covers defects that do not conform with the written warranty.
Nonconformities
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The law only covers significant nonconformities that vary from the vehicle's written warranty. Significant nonconformities are those that substantially impair a vehicle's value, safety or function. Nonconformities that result from an owner's abuse, neglect or unauthorized modification are not covered by the Texas lemon law. Furthermore, the nonconformity must appear within the first 12 months from the date of delivery or 12,000 miles, whichever comes first.
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Repair Attempts
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A car does not become a Texas lemon simply because it possesses a nonconformity. Instead, it does so only when one of three conditions is satisfied. The first way for a car to come under the lemon law is if substantially the same nonconformity persists after a reasonable number of unsuccessful repair attempts. In Texas it takes four repair attempts for a car to be deemed a lemon.
30-day/Safety Hazard Tests
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If only two or three repair attempts were made during the first 12 months or 12,000 miles, the car can still be a lemon if it spent a cumulative total of 30 calendar days out of service while being repaired during the first 24 months or 24,000 miles. The car can also come under the coverage of the Texas lemon law with only one unsuccessful repair attempt in the first 12 months or 12,000 miles for a serious safety hazard and one other in the 12 months or 12,000 miles following the initial unsuccessful attempt.
Remedy
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The protection the Texas lemon law provides is repair, replacement or reimbursement. If you successfully prosecute a claim under the Texas lemon law, you are entitled to have the manufacturer buy back your vehicle at a pro-rated price based on the extent of your use, but inclusive of taxes, fees and incidental costs incurred throughout the numerous repair attempts. Alternatively, you can force the manufacturer to either conform the vehicle to the written warranty or replace it with an entirely new vehicle.
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References
Resources
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