Lemon Law - Davis Consumer Law Firm

Qualifications

Vehicle coverage period is within two years from the delivery date, the first 24,000 miles (except TRV's), or within the express warranty period (whichever occurs first)

Requirements of the law:

Consumer must send a written notice, preferably by certified mail, to the manufacturer offering them an opportunity to repair the vehicle:

- First two of the repair attempts must be made in the 12 months or 12,000 miles (whichever occurs first) following the original delivery date

- The third and fourth repair attempts must be made in the 12 months or 12,000 miles (whichever occurs first) immediately following the date of the second repair attempt

The vehicle is out of service for repair for a cumulative total of 30 or more days in the first 24 months or 24,000 miles (whichever occurs first) following the original delivery date (and there were at least two repair attempts during the first 12 months or 12,000 miles)

For serious safety hazards, consumer must allow the manufacturer at least two repair attempts, with the first repair attempt made in the 12 months or 12,000 miles (whichever occurs first) following the original delivery date and the second repair attempt made in the 12 months or 12,000 miles (whichever occurs first) immediately following the date of the second repair attempt.

Vehicles Covered:

New cars

Demos (Problems must be covered under manufacturer's written warranty)

Leased cars

Used cars (must be still covered under original manufacturer's warranty)

Trucks

Motorcycles

An engine, transmission or rear axle manufactured for installation in a vehicle (gross vehicle weight of at least 18,000 lbs)

All-terrain vehicles

Motor Homes

Travel trailers (must be titled and registered in Texas

Regardless of the age of the vehicle, if the problems occurred while the vehicle was under warranty and the manufacturer failed the repair the defects in a reasonable amount of time, and the vehicle is not covered under the Texas Lemon Law (or if you missed the filing cut off time period), you may still have a case under the federal consumer protection laws or other statutes:

Magnuson-Moss Warranty Act

An Act that was designed to ensure that manufacturers of consumer products who offer a written warranty on that product comply and honor the terms of the warranty. The Act provides for a refund or free replacement of the defective product, including attorney fees and all associated costs.

Uniform Commercial Code

The UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of consumer products. The UCC does not specifically define a "lemon" and so the outcome of your case may vary depending upon the court decision, as well as your protection under the Magnuson-Moss Warranty Act. The beauty of the Texas UCC is that the statute of limitations (the time period for which the consumer must file suit) is four years, rather than the first year (or 12,000 miles) of the Texas Lemon Law.