Texas Lemon Laws

Texas Lemon Laws at a Glance

All states have so-called "lemon" laws on the books, which protect consumers from being stuck with an inoperable or unusually problematic new car. Lemon laws (think of them as mandatory new car warranty laws) generally require the manufacturer to either provide a new car or a cash refund to consumers who buy a lemon. Texas lemon laws require compensation within one year or the first 12,000 miles, whichever comes first, if a consumer buys a lemon.

What is a 'Lemon' According to Texas Law?

Generally speaking, a lemon is a new automobile with recurring, serious problems. A serious problem is one which "substantially impairs" an automobile's use, safety, or market value. From the perspective of Texas law, a lemon is a new automobile that fails to conform to any applicable warranty within one year of purchase or 12,000 miles (whichever comes first).

A car that "fails to conform" to the warranty may be declared a lemon if:

  • The problem persists after four or more attempts to get it fixed;
  • Your car has a serious safety hazard (must be a life-threatening malfunction) after two or more attempts to get it resolved; or
  • Your vehicle is out of service for at least 30 days (with no loaner vehicle provided) within the first 24 months or 24,000 miles.

The main provisions of Texas lemon law are highlighted in the table below. See FindLaw's Lemon Law section to learn more.

Code Section Occ. Code ยง2301.601, et seq.
Title of Act Not specified
Definition of Defects Nonconformity to all applicable express warranties which significantly affects the use or market value of vehicle
Time Limit for Manufacturer Repair Term of such express warranties within one year of purchase or first 12,000 miles whichever occurs first
Remedies Replace with comparable motor vehicle or accept return and refund full purchase price less a reasonable allowance for owner's use and any other allowances or refunds payable to owner

Note: State laws are constantly changing -- contact a Texas lemon law attorney or conduct your own legal research to verify the state law(s) you are researching.

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