Texas Lemon Law Blog

Many potential clients ask my Garland based lemon law office if it is possible for them to pursue their case against the car manufacturers without being represented by an attorney (aka pro se). My answer is yes. In fact, the Texas Lemon Law is written (perhaps with aggressive lobbying done by the car manufacturers) to make it more likely for consumers to open a case with the Texas Department of Motor Vehicles (formerly, the Texas Department of Transportation handles Texas Lemon Law matters) without attorney representation.

Why would car manufacturers want you to open your case without an attorney? Ask yourself, if you have a dental need (such as extracting a rotten tooth), would you do it yourself? If you have a medical problem, would you try to treat yourself without the advice of a licensed doctor? Theoretically, you can extract your own teeth and perhaps medicate yourself, but is it wise to do so?

For most consumers, opening your own case with the Texas Department of Motor Vehicle might be the way to go, but my suggestion is to explore all of your options before committing to represent yourself at the Texas Lemon Law administrative hearing. I know that it is self-serving, since I am a lemon law attorney, but it may be wise to get a free consultation with a lemon law attorney before you agree to any offers by the car manufacturers (such as Chrysler or Ford). Most lemon law attorneys offer a free consultation.

If you have opted to pursue your Texas Lemon Law case on your own without an attorney through the Texas Department of Motor Vehicle program, then please be aware that there is a filing fee involved. The filing fee is currently $35, but is refundable if you win your case.

In comparison, most Texas Lemon Law attorneys and their offices usually will NOT charge you for legal services. Specifically, my office files under laws that requires the vehicle manufacturers to pay for my attorney fees under the attorney fee shifting provision.

Alternatively, some attorneys may take your case on a fee contingency, meaning that they will get paid only if they win or settle your case. If no settlement is procured, then you will not owe the attorney any amounts. Check with your attorney, as each attorney operate differently. Remember to always read the engagement letter or retainer agreement very carefully.

It is hard to believe it, but it has been over three years since I posted my first Texas Lemon Law blog article. I hope that consumers and fellow attorneys find the posts on here helpful.

Here is a re-cap of my 3 most favorite posts on this lemon law blog site:

1) Texas Lemon Law Deadline -- written on November 5th 2007, the deadline for filing a lemon law claim in Texas still holds true. Act swiftly, as failure to timely file may mean that you lose right to your claim for a repurchase or replacement of a defective new lemon car. In the event that your deadline has past, you may have other claims with longer deadlines. Consult a lemon law attorney as soon as possible!

2) Tips When Bringing Your Vehicle in for Repairs -- written recently on May 2, 2010, this post focuses on how to gather documentation evidence for your potential lemon law case. Preparation is the key to making sure that the service center addresses properly addresses your concern.

3) Texas Lemon Law and Used Cars -- written on September 11, 2007, this article explains how used or pre-owned cars are protected under the Texas Lemon Law. In a nutshell, there is protection, but the protection is virtually useless. Please note that my lemon law office does NOT handle used or pre-owned cases.

Please keep in mind that the information on this site is not legal advice and should not be deemed as such. Consult with a lemon law attorney if you believe you may have a lemon law claim.

Purchasing a new vehicle at a car dealership is both a stressful and exciting experience. The car salesman is trained to minimize and gloss over red flags that may be signs of a potential lemon car.

My best suggestion is to trust your instincts AND to stick to it. Remember, you are the customer! To avoid acquiring a new lemon car and having to go through the fuss, headache, and time consumption of the Texas Lemon Law or a lemon lawsuit, watch for the following two signs:

1) "It's a new vehicle, yet the odometer reads over 100 miles" -- this should be red flag number one. If the car is new and if a potential buyer test drives an average of 10 miles each time, then there has been at least nine to ten potential buyers who did not want this car for a specific reason. Common sense tells us to politely ask the car salesman to find you a vehicle with less mileage or else you will need to take your business to the competing dealership nearby.

2) "During the test drive, I heard something abnormal" -- a client once told me that he had a suspicion that there was a problem with the new Ford truck he purchased, because he heard a subtle cranking sound during the test drive. The car sales manager at first told him that what he heard was normal... then, the sales manager told my client to buy the Ford truck anyway and they will fix it (to ease my client's concern). My client was told that the Ford service center at the dealership is first class! Subsequently, the client took the vehicle back 5 times after purchasing the vehicle. The vehicle is now a certified Ford lemon. Think about this, why would you purchase something new that already had a problem since day one?

Good luck on your new car purchase. There are many new car deals out there,..but make sure it is a non-lemon deal.

Often times, a frustrated Texas lemon law client will seek my advice on what they should do when taking in their new vehicle to the service center for repairs. Last week a client of mine from Houston, Texas was so frustrated with the Chrysler service manager, that he threatened to leave his truck parked at the dealership until they fix the "check engine light" problem.

I hear it often, the client will say, "every time I take in my car/truck, they tell me they can't find anything wrong with it... they tell me they can not duplicate the problem and put NPF... no problem found on the repair invoice."

My response to the client starts off with the following quote by Albert Einstein: "Insanity, doing the same thing over and over again and expecting different results."

In the case of dealerships and service centers, it is important that the client or consumer be prepared BEFORE bringing the vehicle in to be looked at. I suggest the following:

Take photographs or video camera recordings of the vehicle's defect. Bring the photograph or video and show it to the service manager of the car dealership. For example, if it is an intermittent noise issue and the service manager has been unenthusiastic in replicating the problem, then showing this "video" evidence will help the service manager swallow his or her own words.

In this day and age, the consumer or client has no excuse not to have proof of their complaint,...a cheap cell phone should likely have a camera or camcorder functionality built into it.

For photographs, make sure that you keep track of when the picture was taken -- having a date and time stamp on the photo is recommended. For video recordings, make sure you state your name, the date, the time, the description of the vehicle, and the current mileage on the vehicle.

Continue reading "Texas Lemon Law Tip: When Taking Your New Vehicle in For Repairs at the Dealership" »

Each time you take your vehicle into the manufacturer, ever notice how the repair invoices you receive are stated a specific way? Most often, it will start off by stating “customer states…” Also, ever notice how the repair invoices are worded in a way that is mostly true, but not 100% accurate? Inaccurate repair invoices written by car manufacturers is perhaps the biggest reason that consumers in Texas lose when filing a Texas Lemon Law claim or lawsuit.

Service managers and employees who work for the service department of each manufacturer’s car dealership have been trained, if not over-trained, on how to write these repair invoices. Why? This is to protect the vehicle manufacturer and dealership.

In case you decide to open a Texas Lemon Law claim or file a Texas Deceptive Trade Practices (DTPA) lawsuit, these entities will already be 100 steps ahead of you. They have been prepared to be sued before you actually have purchased or brought your vehicle in for repairs.

If you take your vehicle in for repairs and the service manager or agent fails to accurately document your concern on the repair invoice, then be prepared to escalate the matter to someone higher up at the dealership’s food chain. You will need to have accurate written documentation of the problems with your vehicle in order to have a strong case in the event you elect to pursue your claim under the Texas Lemon Law.

If the dealership refuses to accurately document your visit, you may let them know that poor documentation of your concern will be reflected in any “customer experience or satisfaction” surveys the manufacturer sends to you in the future. In fact, I would recommend going as far as writing both the dealership owner and the vehicle manufacturer a letter detailing your concern. Keep a copy of this letter; just in case it needs to be included as part of your evidence in court.

I am currently working on a Texas Lemon Law case against Chrylser and have been searching several databases for information regarding engine-related defects in Chrysler cars. I stumbled upon this frequently asked question (faq) document drafted in part by allpar and thought I will post a segment of the faq for those who may be interested in reading this information about Chrysler vehicles.

Please be advised that this posting is not legal advice. Each case is different. If you suspect that you may have a viable new Chrysler lemon vehicle, then you should contact an attorney as soon as possible. Keep in mind that there are Texas Lemon Law statute of limitations. My Law Office is not responsible for any action, if any, that is taken as a result of this faq.

To read the Chrysler faq, click here => Download file

Toyota's recent recall regarding the uncontrollable acceleration of its vehicles has led many Toyota car owners to contact my Texas Lemon Law office for recourse. Most consumers ask if it is possible for them to get an automatic buyback, due to the recall. The answer is "it depends."

Texas Lemon Law has a set of strict guidelines -- the consumer's situation must fit within those guidelines to be eligible for a potential lemon law buyback. Moreover, the Texas Lemon Law is never definitive because it is subject to an administrative judge's ruling.

In general, the lemon law requires that the consumer have taken the vehicle in at least 4 times unsuccessfully within the first 24,000 miles or 24 months, whichever occurs first. If the problem is considered a serious safety matter, then the law only requires 2 times. Toyota's acceleration problem is arguably a serious safety defect. However and again, it is up to the administrative judge at the lemon law hearing to make that decision.

If a consumer who owns a Toyota wishes to pursue the lemon law route, then here are some helpful tips:
* always keep written records of your repair attempt visits;
* always write down names of each person you have spoken with at Toyota;
* write a written notice letter to Toyota regarding your lemon law concerns;

If you live in California instead of Texas and wish to pursue the California Lemon Law route, then here is an interesting article written by Mark Glover of the Sacramento Bee. Click Download file

Disclaimer: this is NOT legal advice. Each case is different and it is recommended that you contact a lemon law attorney for advice about your specific situation. Keep in mind that each legal claim has a statute of limitation or deadline -- you should act as quickly as possible. Failure to do so may mean that you will lose the right to sue.

In 1992, Congress passed a law that requires the implementation of a national database that contains a car history report of every vehicle found in the United States. The database is called the National Motor Vehicle Title Information System (NMVTIS).

Eighteen (18) years later in 2008, it looks like the Justice Department finally decided that it will abide by Congress' order (in this case, it took lawsuits from consumer groups to get the Justice Department to finally do its job).

I just received an email update from a California Lemon Law attorney, Craig Patrick, about California being one of the frontier states that is currently participating in this national database program. The NMVTIS will contain information about the whether the vehicle was a lemon law buyback or whether it has been severely wrecked.

Rather than spending more than necessary at private companies such as carfax.com or autocheck.com for this report, car buyers from California can now go to their DMV and order a car history report for less than $5 per search. Albeit, the information found from the California DMV, will not include secondary information, such as intel from car shops, police reports, and etc.

At its current state it looks like Texas is lagging behind in its participation with this national lemon car database. Currently, Texas is only providing data to the NMVTIS, but Texas does not make inquiries into the car's history before issuing titles.

For more information, click this link... Download file

I was researching on Ford's Lemon Law statistics yesterday and stumbled upon an interesting article relating to Ford's Lemon Law buyback and repurchase policies on vehicles. The attached Ford response occurred toward the end of 1995 and was sparked by a petition filed against Ford by consumer groups via the Federal Trade Commission.

In this article, Ford answers some questions regarding its buyback policies and compliance with various state lemon law requirements. The article reveals that in 1994, Ford pays its dealers (including Lincoln-Mercury) approximately $400 to $700 per vehicle repurchase or buyback. Of course, this figure may have increased now since it is currently well over a decade from 1994.

The article further states Ford's denial against claims that it participates in lemon laundering. In the article, Ford admits that approximately 95% of its lemon law buyback or replacement vehicles ends up in auction, whereby it will later be re-introduced back to the stream of commerce and in the hands of consumers in the pre-owned or used car markets.

When asked how many vehicles are refunded or repurchased each year nationally, Ford refuses to disclose such information, citing confidentiality. In my opinion, it looks like Ford has something to hide...if Ford is so proud of the reliability of its products, then why be afraid to share this vital information? I say that the state of California and Texas, two of largest automobile markets in the US, push for stronger disclosure legislation and force Ford to disclose more information.

For the text of the article, go here... Download file

With the substantial increase in fuel costs, the momentum of demand for hybrid and electric cars will also exponentially increase. Inevitably, my Texas Lemon Law Office have received at least one call from a potential client per month regarding a problematic or broken lemon hybrid vehicle.

While surfing the internet for technical service bulletins (TSBs) this morning, I stumbled upon a website that contains a list of car problems that owners of the Toyota Prius recently experienced. The problems range anywhere from fuel system, airbag, dashboard,...to interior lighting.

For more information about this website that contains "unofficial lemon information on the Toyota Prius," go here.

At the North American International Auto Show several weeks ago, Toyota ironically displayed a lemon/lime colored sub-compact concept hybrid vehicle. I hope that the color of this vehicle is not a foreshadow that the model will become a new strand of lemon cars.

Photo by Daniel Acker / Bloomberg

The vehicle is said to be a smaller version of Toyota's best selling hybrid vehicle, the Prius. It is measured to be approximately 22 inches shorter than the current Prius. Toyota executives stated that they plan to introduce this vehicle to consumers in several years.

Currently, Toyota is dealing with a massive recall regarding abnormal surge and acceleration found in several of its current vehicles. If you own a new Toyota and have experienced this problem, it is recommended that you contact a lemon law attorney as soon as possible.