Texas Lemon Law

Purchasing a car can be a joyful process or an extremely draining one. It is a huge financial task that many people will tackle in their lifetime. There are a fair amount of factors to consider when acquiring a vehicle such as the model type, new or used vehicle, down payment, reliability and longevity, car dealership recommendations from friends and family, and the like. Usually, this process involves a lot of time, stress, and money. 

In today’s fast-paced world, juggling your personal and professional life may be a tremendous challenge. Your life may become even more stressful if you don’t have your own personal transportation vehicle. That’s why having a reliable car is essential as it allows people to exercise personal power and autonomy. A car in good condition provides numerous benefits such as safety, stress reduction, and decreased out of pocket expenses.

Having dependable transportation can save you hundreds or thousands each year on public transit expenses, insurance costs, maintenance fees and other driving-related issues. Furthermore, you will have one less bill to worry about every month if you own your vehicle rather than using another service such as using public transit, renting a car, or borrowing one. However, what happens when your car constantly breaks down? 

Everyone has heard the old adage, “When life gives you lemons, make lemonade”, but what about lemon cars? Lemon cars usually have at least one manufacturing defect that can severely impact the safety, drive, and function of the car. It’s not always possible to avoid purchasing a lemon, but after reading this article, you will have a clearer perspective on Lemon Law and how it protects and aids the citizens of the great state of Texas.

Texas Lemon Law

Texas Lemon Law helps consumers who buy or lease new motor vehicles that have repeated problems getting their vehicles properly repaired under the original warranty. Lemon law stipulates that if a manufacturer is unable to fix a faulty car, they either replace it, repurchase it, refund it, or provide cash compensation. Monetary recompense could include the decreased value or damages which is dependent on consequential actions that follow the lack of vehicle repair. Consumers in Texas that have obtained lemon vehicles may be protected under this law or the federal lemon law, known as the Magnuson-Moss Warranty Act

Brand new vehicles such as cars, vans, trucks, motorcycles, all-terrain vehicles (ATVs), and recreational vehicles (RVs) that develop defects covered by a manufacturer’s warranty are covered under Texas Lemon Law. However, this law does not cover repossessed vehicles, non-travel trailers, boats, or farm equipment. It is also important to note that all defects must substantially impair the use of the vehicle or affect the value of the vehicle in order to be protected by this statute. If the faulty vehicle only has minor defects such as a rattling sound or radio static, this is not covered under Texas Lemon Law guidelines. 

Used vehicles may be covered under current state laws. When it comes to Texas law in relation to warranty performance, your used vehicle may be protected by the manufacturer’s original warranty and not an extended service contract. Furthermore, if the defect began and was reported to the car dealer while under the manufacturer’s first warranty and the issue continues to persist, repair and assistance for that problem may be available to you. 

Contact our skilled attorneys at Consumer Protection Law Group (CPLG) at 480-399-6898 for more information regarding Texas Lemon Law. We will thoroughly review every detail of your case in order to provide you with the best possible representation for your claim.

Magnuson-Moss Warranty Act

The Magnuson–Moss Warranty Act (P.L. 93-637) is a United States (U.S) federal law enacted in 1975. The federal statute has control over warranties on consumer products. Under this legislation, consumer products are not required to have a warranty and goods can be sold as is. However, if it does have a warranty, the guarantee must comply with this law. This regulation was instituted to fix and alleviate problems as a result of manufacturers using disclaimers on warranties in an unjust or deceptive way.

The purpose of this act is to provide and uphold disclosure standards for written consumer product warranties enacted against defect or malfunction. Additionally, this body of law clearly defines Federal standards for such warranties along with the amendment of the Federal Trade Commission Act (FTCA) in order to refine its consumer protection activities. The stipulations included under this commission describes and establishes minimum disclosure standards for written consumer product warranties as well as the Federal content standards for those warranties. In more simpler terms, the Magnuson–Moss Warranty Act offers clear and concise content concerning warranties that consumers can read and understand while simultaneously ensuring that the expressed content meets federal regulations. Because of this statute, warranties on consumer products are readily understood and enforceable and it gives the Federal Trade Commission (FTC) more regulations to better protect consumers with. Above all, this statute is intended to protect consumers from ambiguous warranty practices. Although consumer products are not required to have warranties, if one is given it must fully comply with the Magnuson-Moss Act.

Lemon Law Complaint

Lemon Law complaints must be filed within 6 months following the expiration of the warranty term, 24,000 miles after the date of delivery of the vehicle, or 24 months after purchasing the vehicle. The filing term is determined by which occurrence of the above happens first. Moreover, it is highly suggested that your complaint should be established as soon as you realize the dealer is having trouble restoring the vehicle.

What Happens After Filing?

Texas Lemon Law provides fundamental guidelines for what type of consolation you may receive if you can prove your case. In matters like this, it is vital to demonstrate the condition of your vehicle before and after purchase along with further substantial evidence to support your claim. Every situation is different and each scenario has the potential to be complex. Therefore, seeking the advice of our experienced lawyers to guide you every step of the way is highly recommended. 

Once the facts of your case are reviewed, you may be rewarded a refund or replacement. If a refund is granted, the manufacturer must buy back the vehicle for the purchase price. This includes taxes, title, and license fee. Regarding the replacement, the manufacturer must replace the defective vehicle with one that is comparable to the original vehicle. Usually, the replacement vehicle is the same make and model and must be acceptable to the consumer.

If you or someone you know have been sold a lemon, contact our devoted attorneys at Consumer Protection Law Group for your free consultation today.

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