Articles Posted in Texas Lemon Law Information

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Many clients call my law office asking about the 30 day Texas Lemon Law test. Little do they know that when the law was drafted, it was heavily lobbied by car manufacturers and dealers to work against many consumers. Here’s why:

Imagine a very narrow law that only applies to a very small percentage of people, if any. That’s the realistic outcome of the 30 day provision of the Texas Lemon Law. The 30 day test first requires that no loaner car was provided to the consumer during the period of repair. If you pass that requirement, then the law requires that your new vehicle be out of service for repair (this is where you want to make sure your repair invoices have the correct dates on it) for 30 or more days.

But hold on, the repair must be considered a “substantial” impairment, or it must “substantially” affect the market value of your new vehicle. Well, that’s easy, right?

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The following link is from our’s testimonial page. It is a testimonial (positive review) of a client of ours. In the excerpt, there is a reference to “lemon law mills.” Most people are unfamiliar with the phrase, so I thought I would write a brief blog article about it.

A “lemon law mill” is a phrase that describes a law office that concentrates its practice specifically on lemon law cases in a factory-like, volume-based, automated manner. At first thought, this isn’t such a bad thing, since experience is helpful in handling lemon law cases.

The issue is when the law office focuses its attention on the number of cases settled in order to produce profit for the firm, rather than the quality of its legal

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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!

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If you have a lemon vehicle, please feel free to call my office and leave a voice message in Spanish. We will have a Spanish speaking representative contact you to discuss your lemon law situation with you. 1(888)333-3813.

La Ley Limón de Texas es una ley de protección al consumidor que exige a todas las compañías automovilísticas reembolsar a sus clientes por cualquier gasto ocasionado por fallas o defectos de nuevos carros. Si usted tiene problemas con su nuevo carro y lo ha llevado al menos 3 veces (o mas) al taller de reparaciones, la compañía automovilística deberá reembolsarle los gastos de reparación o reemplazarle su carro con el millaje que le corresponde o mas apropiado. En la mayoría de estos casos, la Ley Limón de Texas no requiere que la compañía pague por los gastos legales.

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Three days ago, the Lufkin Daily News printed an article about the Texas Lemon Law. Under the paper’s “Ask the Lawyer” section, a consumer wrote to Attorney Jeffrey Bates about a new vehicle that is constantly giving him repair problems.

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!

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After being woken up by a call at 11 pm on a Sunday night from a person who recently purchased a used lemon car, I decided that it’s a good idea to post a blog about the top two misconceptions of the Texas Lemon Law. (Granted, I should re-program my phone answering system to not forward calls to my cell phone after hours to avoid folks calling me at arguably unreasonable hours).

1) Misconception number 1: All cars are covered under the Texas Lemon Law

– Wrong! The Texas Lemon Law mainly applies to NEW vehicles. In some very limited cases, used vehicles are covered to the extent that the manufacturer is required to repair the vehicle, but only if the used vehicle had existing warranty at the time of purchase and you timely file your claim. So, for example, if you have a used Ford lemon car, please do not call my law office. However, if you purchased a NEW Ford lemon car and it is giving you problems, then please contact me.

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In Texas, the administrative body responsible for adjudicating lemon law claims is the Texas Department of Transportation. In other words, if you choose to file a complaint regarding your new lemon vehicle on your own (the law only pays for your attorney fees if the car manufacturer first hires an attorney and notifies you before the hearing), then do expect TXDOT to stand in between you and the car manufacturer to mediate your concerns.

As part of its Lemon Law program, TXDOT provides an annual lemon law consumer report. The report is 64 pages long and provides graphical charts and statistical information about the ongoing issues and number of complaints that occurred. Keep in mind these numbers do not include complaints that: (1) never gets filed with TXDOT, (2) gets filed with other quasi lemon law programs such as the Better Business Bureau AutoLine or the NCDS program, and (3) bypasses the administrative hearing and proceeds straight to court.

In the next few weeks, I will review the report and blog about my thoughts about the information in this report. If you would like to view the report on your own, then go here.

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Most consumers who find themselves stuck with a lemon car that was purchased new find themselves paralyzed when trying to figure out what to do with a car that routinely has problems.

When the consumer brings the vehicle into the service center, the service representative is always cooperative and cordial, but at the end of the day, the car still has problems after the 3rd or 4th visit. When the consumer contacts the car manufacturer, they are assigned a case manager who provides no solution to the consumer — a lot of times, the consumer is led to run around in circles.

This is the situation that my recent client from Alpine, Texas found himself in. At first when I spoke with this client, he was very frustrated with the predicament that Chrysler put him through. I started working on this client’s case after he submitted documents to my office, after we discussed his options, and after he signed the representation agreement with my office in early May 2008.

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California’s already strong lemon law, the Song-Beverly Consumer Warranty Act, has been amended on January 1, 2008, to include military personnel stationed in California.

In the past, California’s lemon law, similar to other lemon laws throughout the country (including Texas lemon law), is only applicable inside the state where the consumer purchased the subject vehicle. In other words, proper jurisdiction is directly related to the state where the purchase transaction took place.

With this new amendment, military service personnel who is stationed in California at the time the vehicle was purchased or the time the lemon law action is filed, can lean on California’s lemon law to get a repurchase or replacement on a defective vehicle. This is strategically a benefit and convenience for our men and women in the military, especially if they purchased the vehicle or reside in a state where the lemon law is not as strong as California.

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This article is contributed by Heather Johnson, who regularly writes on the topic of top online universities. She invites your questions and writing job opportunities at her personal email address: heatherjohnson2323 at gmail dot com.


Internet shopping is more commonplace than ever before and, surprisingly, people are even making large purchases online. Real estate is being sold on the Internet, for instance, and there are many online car dealerships that are finding great success on the Web. Although convenient, making an expensive purchase through a virtual store has its risks. If you are buying a car online through a Texas dealership, you need to take extra precautions to avoid purchasing a lemon.