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A Consumer's Quick Overview of the Texas Lemon Law Presented by the Law Offices of Kevin Le, PLLC 1700 Commerce St. , Suite 1340 Dallas, TX 75201 Toll Free: 1. 888. 333. 3813 http: //www. texaslemon. com http: //www. texaslemonlawblog. com
Table of Contents Texas Lemon Law …………. …. . p. 3 Qualifications ………………. …. . . p. 4 Deadline …………… p. 5 Essential Documents ………. pp. 5 -6 Tips and Advice ……………. . pp. 7 -8 Resources …………… p. 9 Disclaimer & Notices ………… p. 10
Texas Lemon Law The Texas lemon law provides remedies to consumers who purchased defective cars that fail to meet certain standards of quality and performances. It covers new vehicles, regardless of whether it was purchased by cash, financed, or leased. Contrary to popular belief, it does not cover used or pre-owned vehicles (with some exceptions). If your new car is determined to be a lemon, then you may be entitled to a replacement or repurchase, minus a mileage use deduction.
Qualifications The law covers new and demonstrator vehicles that develop problems covered by a manufacturer’s written warranty. In short, you have to meet one of the following rebuttable presumptions to qualify: 1) 4 times unsuccessfully for the same defects, or 2) 2 times unsuccessfully for a serious safety issue, or 3) The vehicle has been at the service center for over 30 days AND the dealership or manufacturer failed to provide you with a comparable loaner vehicle.
Deadline: Texas Lemon Law • Most consumers are unaware of the deadline or (statute of limitation) to file a claim under the Texas lemon law. • A vehicle buyer should file a claim as soon as possible. The law requires that the petitioner must submit a file within 24 months from the date of purchase or within before the vehicle reaches 24, 000 miles (whichever occurs first). There is a 6 month grace period. • The case must be filed with the Texas Department of Transportation (DOT). • FAILURE TO TIMELY FILE YOUR CLAIM MAY RESULT IN BEING BAR FROM SUING SOMEONE.
Essential Documents If you suspect that you may have a lemon car, you should collect the following documents to help prove up your Texas Lemon Law case: - all repair orders (even for oil changes and recalls), - all purchase documents (odometer disclosure, retail installment contract, buyer’s order, and etc. , - all written letters or correspondences between you and all other parties (witnesses, car manufacturer representative, dealer agents), - all documents pertaining to the vehicle's reliability (internet forums, technical service bulletins (TSB), recalls bulletins, & etc. ), - all other notes and documents relating to the vehicle.
Essential Documents (cont. ) - all photographs of the defect or broken component, - an outline listing the type of repair, the dates of the repair, the mileage in and out of the repairs, and the total number of days the vehicle has been subject to repairs, - a copy of the vehicle’s owner manual and warranty booklet, and
Tips and Suggestions Obtain as much written documents as possible. Keep track of your mileage and odometer reading each time the vehicle is brought in for repairs. Do not fill a dealer customer survey in a positive light if the service center has not been able to repair your vehicle. Make sure you get every communication memorialized in writing. Obtain the name and address of all car manufacturer or dealer representatives that you speak with. Follow-up your discussion with a letter. Do not trade-in your car. If the vehicle is currently financed, continue to make timely payments each month. Contact a Texas lemon law attorney as soon as possible to learn about your rights.
Internet Resources www. texaslemon. com www. texaslemonlawblog. com www. lemonlaw 4 cars. com Texas DOT Website
Disclaimer & Notices The information provided by this presentation regarding the Texas lemon law is provided by the Law Offices of Kevin Le, PLLC. The goal of this presentation is to inform the general public of the services we provide. THIS IS AN ADVERTISEMENT. This presentation is to be used for informational purposes only and SHOULD NOT BE CONSIDERED legal advice. By opening and reading this information, you agree to not hold the Law Offices of Kevin Le, PLLC or its agent liable for any reason whatsoever. Please contact an attorney to obtain specific details about your situation in the event that you suspect that you have a lemon car.