Your Guide To The Texas Lemon Law
The state of Texas has provided some viable options to its consumers within the state. The Texas Lemon Law along with the Federal Lemon Law (Magnuson-Moss Warranty Act) brings in almost all consumers of the state within its ambit.
This means that if you buy an automobile, truck, motorcycle, RV's, boats, computers or any other electronic appliances, the value of which exceeds US$25, you can seek a legal recourse under the lemon law Texas. From 1997 onwards, even towable recreational vehicles (TRV's) were added into the list of motor vehicles of the Act.
However, used or repossessed vehicles, non-travel trailers and boats or farm equipments are not included in the Act. If your vehicle suffers a defect by your own negligent and abusive driving then also you get disqualified from the remedies of the state of Texas lemon law.
To qualify for the Texas lemon law application you should have made multiple repair attempts at rectifying the defect or damages to your vehicle/product within the manufacturer's warranty period. Further, just like the lemon laws of all other states of America, you should have bought for personal or household use only, and not for resale. The compensation here can include either refund or replacement or cash compensation, depending upon what you are able to prove in the arbitration proceedings. To successfully recover your dues from the manufacturer or the seller, you must maintain all repair and expenses documents complete in a chronological manner. To fight your case, you must also take the advice of, and hire a lemon law attorney with proficiency in your state's lemon laws. This will take you a long way if you are not satisfied with the arbitration orders, and further you want to file a civil suit in the consumer court. The arbitration proceedings start with the filing of a written complaint by you, the buyer, within 6 months of the expiry of the manufacturer's express warranty period, or within 24 months of the delivery of the vehicle, or the first 24,000, miles, whichever is earlier. The written complaint must be filed with the Texas Department of Transportation (TxDOT), which will contact the manufacturer and the dealer at its own behest. The manufacturer will be given a chance to rectify the repair or damage at its own expenses. Most of the problems get solved at this stage. However, if you are still not satisfied you can file a civil suit in the court of the Administrative Law Judge stating that your vehicle is a lemon. Therefore, if you are in Texas, you must consult a competent lawyer and go about solving your lemon law suit carefully. The Texas Lemon Law gives you enough to get the manufacturers and dealers to behave in a certain manner, so that you can buy with genuine intentions.
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