How does the lemon law process work in Texas?
Texas runs its lemon law program through the TxDMV's Office of Administrative Hearings, making it an administrative process before any civil suit.
1. Governing Statute
Tex. Occ. Code §§ 2301.601-.613 (Texas Lemon Law), implemented by 43 Tex. Admin. Code Chapter 215. Administered by the TxDMV Enforcement Division.
2. Coverage
Covers new motor vehicles, including cars, trucks, vans, motorcycles, all-terrain vehicles, neighborhood electric vehicles, towable recreational vehicles, and the chassis-mounted powertrains of motorhomes, that are sold or leased in Texas and are still covered by the manufacturer's original written warranty. Used vehicles qualify only if the defect was reported during the original warranty term. Leased vehicles included. Demonstrators covered.
3. Lemon Presumption
Under § 2301.605, a reasonable number of attempts is presumed where: (a) the same defect has been subject to repair 4 or more times (first 2 within 12 months/12,000 miles and 2 more within 12 months/12,000 miles after the second repair), (b) a serious safety hazard has been subject to repair twice within similar parameters, or (c) the vehicle has been out of service for repair 30+ cumulative days within the first 24 months/24,000 miles.
4. Notice to Manufacturer
The owner must give the manufacturer written notice of the defect and a reasonable opportunity to cure before filing the TxDMV complaint (§ 2301.606(c)).
5. Manufacturer's Buy-Back / Replacement
If the TxDMV finds a lemon, the manufacturer must replace the vehicle or repurchase it. Repurchase formula: full purchase price plus filing/registration fees, less a reasonable allowance for use based on miles driven prior to repair (statutory formula in § 2301.604).
6. Arbitration
The TxDMV hearing itself functions as the state-certified dispute settlement procedure. The complaint must be filed within 6 months after the warranty's earlier of expiration or 24 months/24,000 miles. Filing fee: $35.
7. Lawsuit & Fee-Shifting
A consumer may appeal the TxDMV decision to district court. A parallel Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)) and Texas Deceptive Trade Practices Act (DTPA) suit is available, both allowing reasonable attorney's fees to the prevailing consumer.
This is legal information, not legal advice.
- TxDMV hearing scheduled and manufacturer is represented by counsel
- Need to combine DTPA claims with lemon law for treble damages
- Leased vehicle dispute requiring coordination with lessor's title
- Tex. Occ. Code §§ 2301.601-.613 (Texas Lemon Law)
- 43 Tex. Admin. Code Ch. 215
- Tex. Bus. & Com. Code § 17.50 (DTPA)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.