Texas Lemon Law Statutes

Over 30 Years Fighting for Texas Vehicle Owners

If you think you’ve purchased a defective vehicle, the first thing to understand is that state lemon laws differ significantly from federal law, and the rules that apply to your situation depend on where you live. I’ve spent over 30 years helping people pursue lemon law claims for cars, trucks, motorcycles, RVs, and boats, and I’ve handled cases across more vehicle categories than most attorneys ever see. Whatever the specifics of your situation, I’ve likely dealt with something similar. Contact me today to find out whether your vehicle qualifies.

What the Texas Lemon Law Covers

The Texas Lemon Law, formally the Motor Vehicle Warranty Enforcement Act and codified at Tex. Occ. Code §§ 2301.601–2301.613, is a consumer protection law that gives buyers and lessees of defective motor vehicles a path to relief. It applies to new motor vehicles, including cars, trucks, motorcycles, recreational vehicles, and ATVs covered by a manufacturer’s warranty. Motorcycles are explicitly covered under the statute. The law requires manufacturers to repair defects that substantially impair the use, value, or safety of the vehicle, including engine stalling, transmission failure, brake failures, and electrical malfunctions.

Both purchased and leased vehicles qualify for protection. Keeping detailed records of every repair attempt matters, even repairs not performed at a certified dealership, because those records form the foundation of a strong claim.

The Three Texas Qualifying Tests

Texas lemon law statutes establish three ways to qualify:

• 4-Times Test: Four repair attempts for the same problem within the first 24 months or 24,000 miles, with at least two attempts in the first 12 months or 12,000 miles and two more in the following 12 months or next 12,000 miles.
• 30-Day Test: Your vehicle was out of service for a cumulative 30 days within the first 24 months or 24,000 miles, and at least two repair attempts were made in the first 12 months or 12,000 miles. For automobiles, if the dealership provided a free loaner while your vehicle was out of service, lemon law protection may not apply.
• Safety Hazard Test: The defect makes your vehicle noticeably harder to control or puts you or your passengers in considerable danger, and the problem persists after at least two repair attempts.

Federal Protection Under the Magnuson-Moss Warranty Act

The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) runs parallel to Texas state law and can serve as a backup remedy when the state statute’s window has closed. If your vehicle was sold with a written express warranty and the manufacturer failed to repair the defect within a reasonable number of attempts, you may be entitled to a replacement or refund under federal law regardless of whether the Texas Lemon Law deadline has passed.

Magnuson-Moss applies to both new and used vehicles sold with a written warranty, which means it can reach claims the state statute doesn’t cover. Vehicle owners whose defects emerged after the first year of ownership or outside the 24,000-mile window may still have a viable federal claim. Magnuson-Moss also includes a fee-shifting provision: when a consumer prevails, the manufacturer may be ordered to pay attorney fees.

Filing a Texas Lemon Law Complaint with TxDMV

Complaints under the Texas Lemon Law are filed with the Texas Department of Motor Vehicles (TxDMV). The filing fee for a complaint seeking a refund or replacement is $35. Before filing, you should send written notice of the defect to the manufacturer by certified mail, giving them a final opportunity to repair. This satisfies a key procedural requirement. After your complaint is filed, TxDMV staff review it for eligibility and attempt to resolve the dispute through mediation.

The Hearing Process

If mediation doesn’t resolve the dispute, the case proceeds to a hearing before an assigned hearing examiner, who issues a written decision within 60 days after the close of the hearing. Either party may challenge the final order by filing a motion for rehearing with TxDMV, and further appeal may be filed in a state district court.

Remedies TxDMV Can Order

If you prevail, TxDMV can order the manufacturer to repurchase or replace the vehicle. The repurchase price is the original purchase price, including taxes, title, and license fees, minus a mileage-based use deduction. Only new vehicles qualify for a TxDMV refund or replacement order.

Texas Filing Deadline: Don’t Wait

Texas imposes a strict filing deadline. A lemon law complaint must be filed within six months following the earlier of: the expiration of the express warranty, 24 months after the date of delivery, or 24,000 miles from the date of delivery. Once any of those thresholds is reached, the clock is running.

I handle lemon law cases for cars, RVs, boats, and motorcycles throughout Texas. If you believe you have a lemon, don’t wait, your window to file may already be closing.

Call Rick Dalton Law Firm, LLC today for a personal, free consultation. I work on a contingency fee basis, so you pay nothing unless I achieve a favorable result for you. Reach me now at (888) 577-8520.