Auto Defects: Understanding Texas Lemon Law
Each state has its own consumer protection law, or “lemon law” when it comes to auto defects. Texas lemon law provides financial protection to those who are dealing with chronic malfunctioning cars. For example, if you buy a car that is flawed with problems covered under the warranty that can’t be fixed, you are qualified to receive a full refund or a replacement vehicle. It isn’t as easy as checking your car's warranty. There are specific qualifications which auto defects and situations receive from Lemon Law benefits.
- The defective vehicle must have two or more wheels, be used as a form of transportation for people or property and have a gross vehicle weight (GVW) of 18,000 lbs or more.
- A minimum of four repair attempts must be made or the car must be at least 30 days out of service. If the repair was for a serious safety hazard, the law allows for only two repair attempts before qualifying for lemon law benefits.
- The claim must be made within the express warranty time period or within one year, whichever occurs first.
The dealer or the manufacturer must compensate you for your auto defect once you qualify for the lemon law. Auto defect compensation can include:
- Expenses resulting from loss of use of the vehicle due to the defect
- Replacement of the defective vehicle with a comparable one, or
- Accepting the return of the vehicle from the owner and give the owner a full refund, along with any other refunds payable to the owner
What To Do If Your Car Qualifies Under The Lemon Law
Once you have read the qualifications and understand the warranty policies, there is a list of steps to follow in order to receive benefits under the Lemon Law.
- Be sure you keep a strict record of everything that has happened to your car including repairs, the time you spent without a functioning vehicle and any noticeable auto defects. Texas lemon laws can be complex and take a long time for review before going into effect, so documenting everything is important.
- The dealer has to have knowledge that you are attempting to fix your car under the Lemon Law requirements. The manufacturer should be contacted if the dealer is non-compliant.
- Hire an auto defects attorney. The attorneys at Colley & Colley law firm work on a contingency basis - meaning part of your winnings from the manufacturer or dealer will be used for attorney compensation. You don't pay a dime till we win! A personal injury attorney is the best way to get a fair, timely settlement, especially in the case of a manufacturer or dealer not communicating about the auto defect.
If you or someone you know has recently bought a defective car and are in need of compensation, contact Colley & Colley law firm in East Texas for a free consultation. The attorneys specialize in personal injury lawsuits, including auto defect cases. They will be able to let you know if you qualify for the Lemon Law and what the next steps will be.