Posted On: March 25, 2009

2nd lesson learned from the TXDOT Texas Lemon Law Car Repurchase Program

In December of 2008, I posted a blog article about my experience with helping my friend, at the last minute, attend a Texas Department of Transportation Lemon Law hearing.

It was then discovered that my friend relied on the incorrect information provided by TexasDOT's representative (he called (800) 622-8682) and did not send the car manufacturer a notice letter by certified mail. The case was dismissed due to this reason alone.

My friend then asked me about what could be done at that point. Once a case has been referred by the administrative judge to be dismissed, the claimant has the option of appealing the decision, provided that he or she does so in writing and within the specified period of time. Alternatively, the consumer may elect to forgo the appeal process and hire a lemon law attorney to file a lawsuit under the Texas Deceptive Trade Practices and Federal Magnusson Moss Act.

My friend elected to hire my office to represent him. As of last week, the case was successfully settled for a monetary cash settlement. The lesson to be learned here is that you do have second chances if you are unsuccessful with your original lemon law hearing with TxDot. Having a lemon law attorney represent you could help you attempt to get a repurchase or replacement the second time around, or help you get a cash settlement in damages.

Posted On: March 20, 2009

Texas Lemon Law Cars and Extended Warranties

I recently found some time while working at my law office and stumbled upon a great article written by Ellen Phillips of the Chattanooga Times Free Press. Ms. Phillips wrote briefly about whether one should purchase extended warranty, especially when faced with the dilemma of either not buying one and having an expensive item break, or buying one and wasting money on an item that may not need foreseeable warranty repair work done on it.

Ms. Phillip's answer to this dilemma is to have the consumer evaluate two factors before buying deciding on whether to buy extended warranty or not. First, the consumer should determine the specific services and coverages of the extended warranty terms, and second, the cost and value of the consumer's peace of mind. Ms. Phillips pointed to a recent Consumer Report article that pointed out that the cost of extended warranties may be as much as the actual repair work itself.

Speaking of peace of mind, having extended warranty on a product such as a car does not guarantee that you will be worry-free. For example, if you bought a new car and have taken it in 4 or more times under the Texas lemon law and the service center is unable to properly diagnose the defect and fix it, then having additional extended warranty beyond the standard manufacturer warranty period is virtually useless.

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