Work With a Texas Law Firm That Focuses 100% on The Lemon Law

A motor vehicle may be declared a lemon if it meets all of the following conditions:

• The vehicle has a serious defect or abnormal condition.
• The defect or condition is covered by a manufacturer’s written warranty.
• The owner reports the defect or condition to the dealer or manufacturer within the warranty term.
• The owner gives the dealer or manufacturer a reasonable number of attempts to repair the defect or condition.
• The owner gives the manufacturer (preferably by certified mail) written notice of the defect and at least one opportunity for repair.
• The defect or condition persists and substantially impairs the vehicle’s use or market value, or creates a serious safety hazard.
• The owner files a timely Lemon Law complaint and pays the filing fee.

3 Tests Under the Texas Lemon Law

1) Four-times test:  If you have taken the vehicle to a dealership for repairs:

• two times for the same problem or defect within the first 12 months or 12,000 miles, whichever comes first, and
• twice more during the 12 months or 12,000 miles after the second repair attempt, and
• the problem is still not repaired — you pass the four-times test.

2) Serious-safety-hazard test:  If you have taken the vehicle for repair of a serious safety hazard:

• once during the first 12 months or 12,000 miles, whichever comes first, and
• once more during the 12 months or 12,000 miles following the first repair attempt, and
• the problem is still not repaired — you pass the serious-safety-hazard test.

3) 30-days test:  If your vehicle has been out of service for repair because of problems covered by the warranty:

• for a total of 30 days or more, not necessarily all at one time, during the first 24 months or 24,000 miles, and
• there were two repair attempts during the first 12 months or 12,000 miles immediately after delivery, and
• a substantial problem still exists — you pass the 30-days test.