Texas Lemon Laws

Texas lemon laws are dealt with in Texas Occupation Code, Title 14, Subtitle A, Chapter 2301 (Sale or Lease of Motor Vehicles), Subchapter M (Warranties: Rights of Vehicle Owners) Section 2301.601 et seq.  A motor vehicle is defective if it does not conform to all applicable express warranties which significantly affect the use or market value of the vehicle.  The prescribed time limit for manufacturer repair is within the term of express warranties as provided in this chapter or within one year of purchase of motor vehicle or within the first twelve thousands miles of operation of the motor vehicle, whichever comes first.  The time limit is prescribed in Section 2301.605.

According to Section 2301.604, certain remedies are available to a consumer if the manufacturer fails to conform the motor vehicle to any applicable express warranty after a reasonable number of attempts.  A manufacturer who is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect after a reasonable number of attempts should replace the motor vehicle with a comparable motor vehicle or accept return of the vehicle from the owner and refund to the owner the full purchase price, less a reasonable allowance for owner’s use, and any other allowances or refunds payable to owner.

Tex. Occ. Code § 2301.604

(a) A manufacturer, converter, or distributor that is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle after a reasonable number of attempts shall reimburse the owner for reasonable incidental costs resulting from loss of use of the motor vehicle because of the nonconformity or defect

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Tex. Occ. Code § 2301.605

(a) A rebuttable presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty is established if:

(1) the same nonconformity continues to exist after being subject to
repair four or more times by the manufacturer, converter, or
distributor or an authorized agent or franchised dealer of a
manufacturer, converter, or distributor and:
(A) two of the repair attempts were made in the 12 months or 12,000
miles, whichever occurs first, following the date of original
delivery to the owner; and
(B) the other two repair attempts were made in the 12 months or
12,000 miles, whichever occurs first, immediately following the date
of the second repair attempt.
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Tex. Occ. Code § 2301.604

(a) A manufacturer, converter, or distributor that is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle after a reasonable number of attempts shall reimburse the owner for reasonable incidental costs resulting from loss of use of the motor vehicle because of the nonconformity or defect and:

(1) replace the motor vehicle with a comparable motor vehicle; or
(2) accept return of the vehicle from the owner and refund to the owner
the full purchase price, less a reasonable allowance for the owner’s
use of the vehicle, and any other allowances or refunds payable to the
owner.
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Inside Texas Lemon Laws