You may be surprised to learn that Texas law provides relief for car buyers who purchased new or lightly used vehicles that are lemons. A "lemon" is a term used for vehicles that are perpetually defective - always having problems that cannot be fixed. If a vehicle proves to be a "lemon," then the vehicle manufacturer has to compensate you for your trouble and expense, which can include a range of restitution options, from cash to a full repurchase of your vehicle.
Be aware that Texas Lemon Law has very specific parameters for the vehicles to which it can apply. It does not apply to a used car buyer who bought a car "AS IS" who then discovers problems with the car. Generally, for Lemon Law to apply, the car must have experienced problems within the first 12 months or 12,000 miles. In some circumstances, it may be 24 months or 24,000 miles.
The Texas DMV has a link that explains the "tests" to determine whether your vehicle applies:
The purpose of hiring an attorney if you think you have a lemon, would be to represent you in opposition to the manufacturer (Ford, GM, etc.), so you can successfully navigate through the legal process to prepare your evidence, calculate restitution, and achieve the best possible outcome so you are whole again.
Our firm has experienced attorneys and staff that have actually worked for the lemon law department for a big manufacturer. This gives you an edge in the negotiation and settlement process. Call us to see if we can help at (830) 629-6955 or send us an email anytime.
Texas Lemon Law pertains to consumer protection laws as they relate to your leased or purchased vehicle. The majority of these cases arise when a customer takes the vehicle to the dealership multiple times for the same issue(s). Below are a set of guidelines that qualify your vehicle under the lemon law.
What to expect: Most cases tend to be more annoying glitches than safety related, so it is common for the manufacturer to settle the case for a cash sum. This is usually done through the manufacturer's "early resolution program". Further into the resolution process, if your vehicle is experiencing a safety issue or a longer history of the same defects, there is a chance the dealership will purchase the vehicle back from you. We will negotiate with the manufacturer in an attempt to get you the best settlement for your problem.
How does it Work? For legal work to begin, our firm charges a modest flat at the beginning of your case. We will then begin negotiating your case with the manufacturer to reach a resolution. This usually includes gathering maintenance and repair records and vehicle purchase records to prove you hassle and continuing defect. Negotiations include getting you reimbursement for your legal fees as well as compensation for the vehicle defect.
How long will it take? Although every case is unique and can present new challenges, most cases can be settled in about 2 months.
What documentation do I need? It is helpful for the attorney working your case to have all of your repair orders and your original sales agreement. These should be available from the dealership upon your request.
What am I entitled to? Most cases will settle for a cash payment. When you receive this cash payment you will release the manufacturer from any further liability on that issue regarding your vehicle. Some issues however are so extreme as to warrant a buy-back of your vehicle from the dealership. In this case, the price will be reduced by the amount of time/mileage you were able to use the vehicle.
My Dealership can't find the problem... In some cases the dealership cannot duplicate the issue that you believe you have. These cases can get tricky but are not impossible. If you know that there is a problem and you feel that the dealership is not doing the best job it can to find it then we can help.
If so, please do not hesitate to give us a call or click the contact button to send us an email.