Texas Boat Lemon Law
The Texas lemon law protects buyers of motor vehicles of all types, including boats, from faulty merchandise. When you buy a boat, you invest a large amount of money, but it isn't just a new boat buyer that the law protects. In some cases even used boats come protected by the Texas lemon law.
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Who is Protected?
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Because a boat is a recreational vehicle, it must be registered and titled in Texas. There are three criteria that make any motorized vehicle a lemon under Texas state law: It requires repair for the same issue four times or more; it is a serious safety hazard even after being repaired two or more times; it is completely out of use for at least 30 days. A used boat is covered by the Texas lemon law if it still has a warranty on it.
Necessary Information
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Be ready to provide all necessary information on the phone, or if you send a complaint form, be sure to include the contact information of the actual owner of the vehicle, including full name, phone number, and address. Also provide the make, model and year of the boat; the HIN (hull identification number located on the title, the registration and on the physical boat on the starboard (right) side of the transom, or back wall; and information on the warranty, including what work has already been done to the boat. Include the dealer's name and address where you purchased the boat. If you leased it from a dealer or a current owner, give all of that information as well. Include the date you purchased the boat, the delivery date, how many miles (engine hours) it had at time of purchase or lease, the miles (engine hours) on the boat when problems began and current engine hours. After that, include a short description of the current problems and the methods used to fix it up until this point.
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The Process
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Once you fill out the complaint with all of the information in Section 2, the case goes to a mediator. The case adviser assigned to your complaint examines all information to decide whether your boat qualifies for the lemon law. If the complaint goes forward, your adviser will mediate the case until it is resolved. Most cases are solved within 60 days from filing. If a case cannot be solved amicably for all parties, it is sent to a hearing with the State Office of Administrative Hearings, where it is up to the consumer to prove the boat is a lemon. The boat manufacturer may show up and prove it is not, but it is not required to do so.
Who and Where to Call
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Call the Texas Department of Motor Vehicles at 800-622-8682 or 512-416-4800 to get help determining whether you have a case. If you decide to file a complaint, there is a $35 filing fee.
Other Expenses
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Some expenses are covered when you incur them during the repair of your vehicle. If you require towing services on the water as a result of the problem included in the complaint, or other related expenses, you can get paid the reasonable amount for the service. Keep all receipts for proof of expense.
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References
- Photo Credit boat image by lance davis from Fotolia.com
