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.

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

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

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.

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.

Mr. Whitacre comes from a heavy manufacturing experience. He is known by his former colleagues to lead with a "heavy hand."

I hope this announcement will equate to the production of less faulty and defective lemon General Motor vehicles. Whitacre will be GM's fourth hired CEO in less than twelve months.

If you are interested in taking advantage of GM's satisfaction guarantee program, here are some things to keep in mind:

1) make sure all documents signed at the time of purchase is signed on or BEFORE January 4, 2010. When you are negotiating pass closing hours the night of January 4, 2010, make sure that the dealership does not mis-date or intentionally leave the date space blank. Failure to do so may give GM the opportunity to argue that your purchase of the Chevrolet, Buick, GMC, or Cadillac may not be eligible for a refund under the program guidelines. Remember, the car dealership and GM (the manufacturer) are likely two different companies, when something goes wrong, the potential for finger pointing is high here.

2) there is a 30 day "vesting period" whereby you, the customer are required to keep the vehicle for at least 720 hours. If you decide to return the vehicle before this vesting period has matured and you are merely waiting for the 31st day to return it, then remember to keep the vehicle in a safe place and make sure that it is adequately insured. Anything that happens to the vehicle from the time you drove the car or truck off the lot to the time you physically drop it off for a refund is your responsibility.

For more suggestions, go to my previous blog article (click here), which highlights the terms of GM's satisfaction guarantee program. Or, if you like to read the exacts terms, then click on the following links for the PDF version of the program

Download file page 1
Download file page 2
Download file page 3

If you do not meet the guidelines to return your vehicle under this satisfaction guarantee program, you may be able to return it via the Texas Lemon Law or other consumer protection laws. Click on the "contact us" link to contact my Texas Lemon Law office for more information -- we offer a free legal consultation.

If you will be in the market of purchasing a vehicle, then remember that the Texas Lemon Law generally does not apply to pre-own or used car.

For used vehicles, remember to cross check the vehicle's history by using both Carfax and Autocheck, as information in one report is not cumulative or comprehensive. The best suggestion to avoid owning a lemon is to use common sense and ask lots of questions. I know that the pre-own car salesperson may be pushy -- just push back. For more suggestions, then go here.

For new cars, remember also to ask lots of questions and gather as much information as possible. Do research before you get to the dealership.

I wish everyone a lemon-free holiday (unless the lemon in your holiday is a lemon pie). Feel free to email or call my office if you have any questions regarding the Texas Lemon Law for new cars.

Mr. Bates responded by providing an outline and overview of the Texas Lemon Law. Of importance is the section regarding "substantial impair."

Remember, if you think that you may be in possession of lemon car, then remember to contact a lawyer, open a complaint with the Better Business Bureau, or file a case with the Texas Department of Transportation as soon as possible. The deadline to do something will expire before you know it!

For more information about the Lufkin Daily News article, download the article here => Download file

As rare as it is from my experience, it looks like BMW did the right thing in this case. I will say that the probability for car manufacturers to do the right thing in California is much higher than in Texas. The lemon laws, although named similarly, are both very different from state to state. California Lemon Law, specifically the Song-Beverly Act, is much more consumer friendly than the Texas Lemon Law.

Among other things, for one, California lemon law has an automatic attorney fee shifting provision that forces the car manufacturer to pay the plaintiff/consumer's attorney fees. In Texas, the attorney fee shifting is not automatic,...at the lemon law administrative hearing, the only way that the car manufacturer is required to pay the consumer's lemon law is if the car manufacturer obtained its own attorney and provide the consumer with proper notice. Quite often, the car manufacturer will not hire an attorney and instead, would hire car experts who are trained by attorneys and have attended these hearings on a regular basis.

For more details on Eric's experience, visit his blog here.

For years now, Ebay has been utilizing the pervasiveness of the Internet to auction vehicles through its website. Used or pre-owned car dealers will list their inventory on Ebay for a fee. The problem stems from the bad press that Ebay has been receiving regarding the vast amount of lemons that are being sold on Ebay's car auction site.

Just 2 years ago, I sat in on a lawsuit case about a buyer suing one of the car dealers who listed a lemon and wrecked car on Ebay. The car dealer's defense was that he knew nothing about the car's history, even though the facts were very clear that there was a history of tamper and accidents linked to the car. The dealer ended up losing and the car buyer was awarded several thousands in damages.

In an effort to avoid problems like the above and to gain consumer confidence, Ebay recently announced that it will offer the AutoCheck and Carfax service to online car buyers free of charge. Autocheck and Carfax are paid for services that gives you a report card on a vehicle's history. For example, if the vehicle has been subject to a major car accident, then the incident will most likely show up in the report.

One thing consumers should keep in mind is that Autocheck and Carfax is not 100% reliable. There has been numerous cases where tainted or lemon vehicles has shown up clean on Autocheck and Carfax. My suggestion is to be extremely cautious when purchasing large ticket items online. Sometimes, the traditional way of doing business may be the best way.

Texas Lemon Law: The law applies to new automobiles, trucks, motorcycles, all-terrain vehicles, RVs, and towable recreational vehicles. These vehicles must have problems covered by a written factory warranty; claims must be filed within 6 months of the expiration of the warranty, 24 months, or 24,000 miles, whichever comes first. The law requires 2 repair attempts in the first 12 months or 12,000 miles and another 2 attempts in the second 12 months or 12,000 miles. If the problem is a serious safety hazard, it only requires 1 repair attempt in the first 12 months or 12,000 miles and at least one more in the second 12 months or 12,000 miles. The law also covers vehicles that are out of service for 30 days.

California Lemon Law: This law applies only to vehicles used for home or personal use. It requires 4 repair attempts or 30 days out of service within 18 months or 18,000 miles. If the problem could cause death or serious injury, it only requires 2 repair attempts.

Florida Lemon Law: This law applies only to vehicles used for home or personal use, but doesn't cover off-road vehicles, motorcycles, mopeds, or trucks that weigh over 10,000 pounds. Claims must be filed within 24,000 miles of the vehicle's delivery, with at least 3 repair attempts or 30 days out of service.

Idaho Lemon Law: It covers all new vehicles, whether for personal or business use, but doesn't cover motorcycles, farm equipment, trailers, or vehicles over 12,000 pounds. It requires 4 repair attempts or 30 business days out of use within 2 years, 24,000 miles, or the expiration of the warranty.

Uniform Commercial Code, Article Two: This is a federal statute that affirms the consumer's right to a replacement vehicle if they have complied with all procedures to replace a vehicle.

Magnuson-Moss Warranty Act: This federal statute protects consumers from companies that won't fulfill the warranty terms. Significantly, it applies to used cars with a warranty, requires companies to redress problems within a reasonable amount of time, and allows consumers to recover attorney's fees. The latter puts pressure on companies to resolve issues before they reach court.

Naturally, the ideal situation would be not to purchase a lemon in the first place. To avoid buying a lemon, buyers should research both the cars and car dealerships to find out about common problems and others' experiences. A third-party mechanic's review may also be helpful before purchase. But if a buyer does end up with a lemon, he or she can take some meager comfort in the fact that lemon laws allow them some recourse.

The following guest post was written by Christine Howell who frequently writes about Online Law Degree and college related topics for Online College Guru, an online college directory and comparison website.

Vasquez was able to get a repurchase on the vehicle, but the issue of attorney fees remain pending. Thereafter, Vasquez's attorney sued for attorney fees in the amount of $51,012. Hyundai fought and the trial court agreed with Hyundai -- it refused to award any attorney fees to Vasquez's attorney. Vasquez's attorney took the case to the Fourth Appellate District Court of California.

In its unpublished decision dated on October 13, 2009, the appellate court sided with Vasquez in stating that Vasquez's attorney is entitled to "reasonable attorney fees." The case is remanded back to the trial court to determine the reasonableness of $51,012.

For more information, click on this pdf.

Many dealerships, in preparation for a lemon law claim, would find ways to set up the situation against the consumer's favor. For example, the repair invoice always includes the legal jargon that the "customer states...." so-and-so. It never states that "we the dealership found or discovered a serious defect: -- because that would be considered an admission to liability.

Other times, the dealerships will merge two separate repair visits onto one invoice. In the eyes of most Texas Lemon Law administrative judges, one repair invoice equals only one visit. The rule of thumb is that once you've driven the car off the lot for a repair invoice and the same problem re-manifests itself, then you should turn around, have the dealership attempt to repair the defect and request a separate repair receipt.

Another inaccurate repair invoice situation is when the dealership mis-types that mileage in and mileage out area of the repair invoice. I have had a client that noticed that the odometer had 400 miles added to it when it was in the possession of the dealership. The repair invoice indicated that only 4 miles were driven.

Like anything, if you notice that the repair invoice is not accurate, then DO NOT sign the repair invoice.

The reason why this recall is considered so massive is because it applies to numerous Toyota models, including the ever popular Camry, Avalon, Prius, Tundra, Tacoma, and Lexus.

The actual recall itself is still pretty vague. Toyota's current recommendation is to remove the floor mat underneath the accelerator to prevent it from sticking between the gas pedal. Toyota still has not issues any official notice for a permanent fix.

Why is Toyota issuing this recall, rather than not doing anything and waiting for consumers to file lemon law claims? Well, Toyota has known about this problem since 2004, when Toyota drivers reported numerous crashes and injuries due to uncontrollable acceleration. Toyota waited Five years later, right up until the National Highway Traffic Safety Administration (NHTSA) finally issued a warning. (Talk about red tape and bureaucracy in action)!

So, how is a safety recall such as this one different from a lemon law claim in Texas? Both situations pertain to defective cars. However, in a safety recall, the car manufacturer is the entity that proactive will correct the defect. In a lemon law claim, you would have to assert your right through the administrative process, or sue under consumer protection laws such as the Magnuson-Moss Warranty Act or Texas Deceptive Trade Practices Act. Also, a lemon law claim is usually smaller scale, while a safety recall involves several hundreds of thousands, if not millions of cars.

Here's the kicker...Irv Miller, Toyota's spokesman, really shows how much he cars about consumer safety by saying that if Toyota owner's can not remove the floor mat, then they should merely "step" on the brake pedal with both feet until the vehicle slows. Right,...because stepping on the brake pedal with one feet is obviously not enough.