Incidental Fees under the Texas Lemon Law
Most consumers are unaware about incidental expenses under the Texas Lemon Law. Under Rule Section 215.209 of the Texas Administrative Code, if a consumer is successful in obtaining a refund or replacement of the vehicle under the Texas Lemon Law, then the consumer is also entitled to incidental costs.
Please keep in mind that Texas Lemon Law incidental fees must be affirmatively proven, meaning that you must submit receipts, paperwork, and documentation at the hearing. Merely stating these costs at the hearing will most likely not work. Incidental fees include:
- the cost of obtaining another form of transportation,
- the cost of towing the vehicle (if it has not been paid by the manufacturer or dealer),
- the cost of telephone calls or mail postage fees,
- the cost of meals and lodging if the vehicle failed while the consumer is out of town,
- the cost of loss or damage to personal property (for example, if the lemon defect was a leak and the rain caused damage to your electronic devices left in the vehicle),
- attorney fees (but only after the vehicle manufacturer informs the consumer that they are represented by an attorney). FYI, the vehicle manufacturer will likely never have an attorney attend this hearing, they will have experienced technicians who receive legal training to circumvent this loophole in the law),
- accessories added to the vehicle at or after purchase (minus a "use" allowance).