Texas Lemon Law Blog

Owners of 2009 and 2010 Chrysler Dodge Journeys should be on high a alert of a potential design defect in the vehicle's braking system. Our law office is noticing a pattern of increase consumer concerns and complaints relating to premature defective brake rotors and pads.

The 2009 and 2010 Dodge Journey SUVs weigh approximately 3,800 pounds. Our research leads us to believe that the brake pads and rotors may be the ill-fitting (in terms of size and thickness) to handle the Journey's weight and size. This will cause your brake to wear much sooner than normal and may potentially cause brake failure within the first 10,000 to 12,000 miles of driving.

When you take your Journey to an authorized Chrysler service center for warranty work, some possible "band-aid" repairs may include: shaving/ resurfacing brake rotors and replacing brake pads. Remember to keep all your repair invoices to document your repair attempts.

To our knowledge, there is no pending recall to the 2009 and 2010 Dodge Journey that is specific to its braking system. We hope that the National Highway Traffic and Safety Administration (NHTSA) will issue one soon, as this defect may potentially be a serious safety hazard, as defined under the Texas Lemon Law.

If you own a 2009 or 2010 Dodge Journey and have experienced any problems with its braking system. Please contact my office as soon as possible. 1-888-333-3813.

May all your vehicle shopping be lemon free.

I hope everyone has a safe and festive Thanksgiving.

September 28, 2011 marks an important day for consumers of used and pre-owned lemon vehicles in California. California lemon law has now been updated to require new and used car dealerships to cross reference the vehicles that are for sale on their lot against a federal lemon database. Any vehicles with a tainted history will be marked with a red warning sticker.

The federal lemon database is officially called the National Motor Vehicle Title Information System (NMVTIS). As of today, California is the only state to have such legislation to help consumers.

This new update in California law regarding lemon vehicles will be implemented starting July 1, 2012. Unfortunately, Texas currently does not have a lemon law that is as strong as California's.

To read the new California law, click download file

Answer: Yes, as long as the vehicle was purchased within a Texas dealership, a "demo" or demonstrator vehicle is protected under the Texas Lemon Law.

Other vehicles that are protected under the Texas Lemon Law includes: trucks (Ford Ranger, F-150), cars (Chrysler 200 or 300), motorcycles, motor homes (Winnebago or Fleetwood), or ATVs.

While towable recreational vehicles are also covered under the lemon law, it is essential that towable RVs are titled and registered in Texas.

One issue that demo owners may encounter when a replacement or repurchase is offered as a remedy in a Texas Lemon Law case is the mileage deduction dilemma. When a vehicle manufacturer offers a replacement or repurchase, by law, they are entitled to deduct mileage for the consumer's use of the vehicle. Because the deduction formula is heavy handed against the consumer, the vehicle owner may find that the "demo" vehicle protection status offered by the Texas Lemon Law is quite limited.

The Texas Lemon Law is not just limited to vehicles such as cars, SUVs, or trucks; it also includes recreational vehicles (RVs) and motorhomes. Under the statute, the Texas Lemon Law refers to these vehicles as "towable recreational vehicles."

If you have a lemon RV or motorhome, it is essential that you contact a lemon law attorney as soon as possible.

Under section 3201.002(32) of the Texas Occupations Code, a "towable recreational vehicle" is defined as a vehicle that is not motorized and:

(1) was originally designed and manufactured provide temporary living for the purpose of recreation, camping, or seasonal use;

(2) is titled and registered with the department via the county tax assessor-collector;

(3) is built on a single chassis;

(4) contains at least one life support system; and

(5) is designed to be towable by a motor vehicle.

According to several consumer protection groups, lemon law complaints against automobile manufacturers was one of the top consumer complaints in 2010. Specifically, the complaints relate to misrepresentations in the sales of new and used vehicles, lemon launderings, leasing, and towing disputes (Source: North American Consumer Protection Investigators (NACPI), the Consumer Federation of America (CFA), and the National Association of Consumer Agency Administrators (NACAA)).

These consumer protection groups offer the following three suggestions to avoid being a victim of fraud and ripoff:

1) Pay using a safe method -- avoid paying cash. Instead, pay by credit card so that you have another layer of protection in the event you need to dispute a purchase.

2) Get all promises in writing -- sale agents love to promise the world, but promises are not enforceable unless they are in writing

3) Do research and know your rights -- the more you are aware of your legal rights, the better. Most consumer law offices (such as mine) offer a free case review.

Often times, when consumers contact my lemon law office, it is their first time to contact an attorney. Below is an outline of what to expect when contacting a Texas Lemon Law attorney:

1) Consumer calls, leaves a message, or submits an online form on a Texas Lemon Law attorney's website.
2) The attorney or his/her staff will ask the consumer preliminary questions regarding the consumer's situation. Questions include, but are not limited to: year, make, model, recurring defect, accident history, documents, price paid, representations made by the dealer's service manager, and etc... The attorney will also answer lemon law related questions.
3) If it is a strong case, then the consumer will be asked to fax or mail documentation to the attorney's law office.
4) Thereafter, the attorney will discuss options with the consumer...
5) If the attorney and consumer mutually agrees to move forward, then a representation agreement is executed and the attorney begins working on the case by sending a demand/notice letter to the vehicle manufacturer.

For more information, please contact my office.

Texas Lemon Law has strict guidelines in terms of eligibility to file a claim with the Enforcement Division. Chapter 2301 of the Texas Lemon Law (Subchapter M) provides that a consumer must file a Texas Lemon Law claim as soon as possible, within 30 months from the date of delivery and ownership.

In addition, there is a "per occasion" and mileage limitation. Specifically, the consumer must bring the vehicle in for repairs for two times within the first 12 months or 12,000 miles AND thereafter bring it in AGAIN for two more times within the subsequent 12 months or 12,000 miles, whichever occurs first. Towable recreational vehicles (TRV) are not subject to this per occasion mileage restriction.

If you're reading this thinking that this cookie cutter guideline makes it extremely difficult to prevail in a typical Texas Lemon Law claim, then you are probably correct. Hence, it is important to always maintain accurate documentation. If the service center sends you off without completing a repair invoice (purchase order), then you must insist that they produce it!

Anytime you contact an automobile manufacturer regarding your lemon vehicle (especially in Texas), the manufacturer's initial response will usually be a denial of your claim. In the denial letter, the manufacturer will normally state the the problems you have experienced with your new vehicle does not meet the requirements of the Texas Lemon Law. As a gesture of "goodwill," the manufacturer offers you an extended warranty.

Although the information contained in this blog should not be construed as legal advice, but common sense tells us that this is a BAD DEAL. If the vehicle manufacturer offers you an extended warranty, especially in circumstances where you have taken the new vehicle in for the same time at least three to four times, then chances are you may have a valid claim under the Texas Lemon Law.

Call a Texas Lemon Law attorney immediately (it does not have to be me that you call, but please call someone). Most Texas Lemon Law attorneys, including myself, offer a free consultation. Some use the attorney fee shifting provision of the Texas Deceptive Trade Practices Act (DTPA) to help you get a repurchase, replacement, or cash recovery.

If you speak Spanish, please click here.

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).

There are no written rules regarding what makes a lemon law case in Texas an easy slam dunk or a case that is difficult to litigate. In the eyes of vehicle manufacturers (including cars, trucks, recreational vehicles, trailers), the following are lemon law and warranty guidelines that raises red flags:

1) After-market accessories: the vehicle manufacturer is quick to point the finger at the after-market accessory as being the root cause of the defect; even if the after-market component is not even remotely related to the complained of defect;

2) Tampering: in some cases, manufacturers and car dealerships are quick to blame that the consumers tampered with the vehicle. Avoid self installations!!!

3) Excessive mileage: within the first 24 months of ownership, if the vehicle has excessive mileage, then the manufacturer may flag the vehicle as being used for commercial purposes. I have experienced cases where "hot shot" drivers were denied warranty coverage because there were so many miles on the truck;

4) A messy or unclean car: believe it or not, when manufacturers can not figure out the heart or cause of the defect, they will be quick to look to superficial conditions such as a messy interior or exterior car. For example, one of my clients raised issues of defective paint on the exterior of the car. When my client brought the vehicle in for inspection, the dealership said that it could be the "reflective dirt that is causing the paint to appear defective;"

5) Accidents: if the vehicle has been involved in even a minor accident, the manufacturer may suspect that the causation of the defect is due to the accident (or subsequent repairs of the vehicle) and not the quality control or manufacturing defect of the vehicle;

6) Missed payments: when a vehicle owners has multiple missed payments, the manufacturer has a tendency to think that the owner is opening a lemon law claim in order to return the vehicle or avoid the existing financial obligation to pay for the vehicle.

Although any consumer who has the following above-mentioned issue is not automatically out of luck, it is important to be aware of these potential red flags and adjust expectations accordingly.