Posted On: August 20, 2012

Do I have a case under the Texas Lemon Law?

Question: I took my vehicle in for repairs once or twice, but feel that the the problem will reoccur soon. Do I have a case?

Answer: Generally, everyone potentially has a case. The real issue is whether the case is strong or not, whether there is likelihood for recovery in the form of any cash settlement, repurchase, or replacement,...or, not.

Under the current Texas Lemon Law, the presumption is either: 2 or more repair attempts for a serious safety issue, or 4 or more attempts for the same non-substantial defect, or the vehicle has been serviced for a cumulative of 30 days or more.

Once the presumption is met, the case has a strong chance to prevail. Lemon law readiness is similar to that of eating fruits and vegetables. When the fruit or vegetable is not ripe, forcing yourself to eat it is quite bitter and sour. However, once it is fully ripe, then the timing is perfect.

Keep in mind that litigation has no guarantees. Contact a Texas Lemon Law attorney to assist you.

Posted On: August 7, 2012

Manufacturer's/Service Center's satisfaction surveys and the Lemon Law

Satisfaction surveys or questionnaires is the manufacturer's method of receiving feedback from consumers. The car dealearship sometimes cash rebates and incentives from the manufacturer when they recieve consistent positive feedback from the manufacturer.

In addition, arguably most important, the vehicle manufacturer may use this information as evidence against the consumer during lemon law litigation. I handled a case where the client was a really nice guy, but honestly dissatified with the dealer's handling of his defective car. He wrote a positive review (without conferring with me beforehand) because it was against his nature to be negative or critical of anyone. During the discovery phase of our lemon law suit, opposing counsel used this as one of the arguments and key evidence to try and prove that the dealer did everything right.

The important thing when answering these surveys is to be objective and honest. Extract your emotions; be professional. If the dealer was neglient or careless, state it in specificity. If you have any doubts, contact a lemon law attorney as soon as possible. Thanks to the attorney fee shifting position, the consumer usually does not have to pay the attorney fees for representation.