Texas Lemon
Law
by
Gerry Lewis
The Texas lemon law was
put into effect by the Texas legislature in 1983. The
Texas Department of Transportation's Motor Vehicle Division
and its Motor Vehicle Board administer it. The Texas
lemon law is an automobile law that helps consumers
who buy or lease new vehicles and have repeated problems
get their vehicles properly repaired, repurchased, or
replaced.
The lemon law applies to
cars, trucks, SUVs, vans, motorcycles, motor homes,
all-terrain vehicles and tow-able recreational vehicles.
It does not apply to used, program cars, or repossessed
vehicles. The Texas lemon law does not cover any problems
caused by the owner's neglect, abuse or unauthorized
changes to the vehicle. The automobile lemon law also
does not cover any problems that do not have a considerable
effect on the use or market value of the vehicle.
So,
how do you know if your car is a lemon?
Your
vehicle may be a lemon if you purchased or leased a
new vehicle from a licensed dealer in Texas. Additionally
your car must have a serious defect covered by the manufacturer's
warranty. You must report the defect within a reasonable
timeframe, or before the warranty expires. You must
give the dealer or manufacturer a reasonable time to
fix the defect (usually four attempts to fix the defect
with no result warrants further action). You must send
the manufacturer of the vehicle written notification
about the defect. The defect must be one that continues
to impair the vehicle's use, value, or safety. And,
finally, you must file a lemon law complaint and pay
any filing fees.
The
first thing to do if you believe your vehicle falls
under the Texas lemon law is to take it to the dealership
where you purchased it. If they cannot fix the defect
after a fair amount of time, you should send a letter
of notification to the manufacturer.
Simply
let the manufacturer know about the defect and offer
them a chance to repair your vehicle before filing an
automobile lemon law complaint. Make sure you keep a
copy of your letter and any response, including repair
invoices. If you decide to file an automobile lemon
law complaint, you will need to send all of these documents
to your lawyer, or if filing yourself, to the Texas
Department of Transportation. If you wish to file a
complaint, you must send the written complaint to the
Department of Transportation along with a filing fee.
You will be reimbursed for the fee if you win your case
at the Texas lemon law hearing. If you only want your
vehicle repaired, there is no filing fee involved.
The
Texas Department of Transportation then contacts the
dealer and manufacturer about your complaint. The manufacturer
will then send an expert to your original dealership
to see about solving the problem, if possible. If your
vehicle is still not repaired, the Texas Department
of Transportation will send an expert to the dealership
to try and resolve the problem. If this does not resolve
the problem, an automobile lemon law hearing will be
necessary.
Lemon
Law is an aspect of automobile legal issues which cannot
be ignored. Get all the latest news and comment by visiting
http://www.BestAutoLegal.com.