Texas Lemon Law: Do You Qualify?
Under the Tex. Occ. Code §§ 2301.601-2301.613 (Texas Lemon Law).
The Texas Lemon Law is administered by the Texas Department of Motor Vehicles (TxDMV), and that makes it unusual: the administrative complaint with the TxDMV is the primary statutory remedy, with a hard 6-month filing deadline that catches many owners off guard. If your new vehicle has been in repeatedly for the same defect, or has sat in the shop for 30 days or more, within roughly the first two years, you may qualify for a repurchase or replacement. The free checker below applies Texas's rules to your answers in minutes.
Texas lemon law at a glance
- Coverage window
- The statutory presumption uses 24 months or 24,000 miles from delivery (or the warranty term if shorter), whichever comes first, with attempt counts staged across the first and second 12 months / 12,000 miles.
- Repair attempts
- 4 attempts for the same defect (2 within the first 12 months / 12,000 miles and 2 more in the 12 months / 12,000 miles that follow), or 2 attempts for a serious safety hazard (1 in each period).
- Days out of service
- 30 days out of service within the first 24 months / 24,000 miles, with at least 2 of those days in the first 12 months / 12,000 miles.
- Written notice
- Written notice to the manufacturer (not just the dealer) is required, with a reasonable opportunity to cure, before filing the TxDMV complaint.
- Used vehicles
- Texas has no freestanding used-car lemon law, but a used vehicle still under the original manufacturer warranty may qualify if a qualifying defect arises within the eligibility window measured from original delivery to the first owner.
- State program (mandatory)
- The lemon-law complaint is filed with the TxDMV and heard by an administrative law judge; this administrative track is the primary statutory remedy. The complaint must be filed within 6 months after the earliest of warranty expiration, 24 months, or 24,000 miles.
Check your Texas eligibility now
Free, anonymous, and specific to Texas. Answer a few questions about your vehicle and repair history to see whether you may qualify.
Texas lemon law: frequently asked questions
- What is the deadline to file a Texas lemon law complaint?
- The TxDMV complaint must be filed within 6 months after the earliest of three events: expiration of the express warranty, 24 months from delivery, or 24,000 miles. This is a hard jurisdictional deadline distinct from the ordinary statute of limitations, and missing it is one of the most common reasons Texas claims fail.
- How many repair attempts does the Texas lemon law require?
- The general presumption requires 4 attempts for the same defect, staged as 2 within the first 12 months or 12,000 miles and 2 more in the 12 months or 12,000 miles that follow. For a serious safety hazard, such as a substantial risk of fire or a defect that impedes your ability to control the vehicle, 2 attempts (1 in each period) are enough.
- Does the Texas lemon law cover motorcycles and RVs?
- Yes, Texas is broader than many states here: motorcycles, ATVs, and even towable recreational vehicles like travel trailers are covered, and trucks over 10,000 lbs GVWR are within scope. Defects caused by owner abuse, neglect, or unauthorized modification are excluded.
- What can I recover under the Texas lemon law?
- A qualifying consumer may receive a repurchase (the purchase price plus collateral charges such as tax, title, license, and finance charges, minus a reasonable allowance for use) or a comparable replacement vehicle. Related claims under the Texas DTPA can add attorney fees and, for knowing violations, treble damages.
- Do I have to go through the TxDMV before suing?
- The lemon law is administrative first in Texas: the TxDMV complaint, decided by an administrative law judge, is the primary statutory remedy. A consumer may also sue directly under the DTPA, and can elect the TxDMV process regardless of the manufacturer's preferred arbitration program.
Think you qualify? Estimate your refund with the Texas lemon law calculator →
Statutes cited on this page
- Tex. Occ. Code § 2301.601 (Texas Lemon Law: definitions and scope, formerly Tex. Rev. Civ. Stat. art. 4413(36))
- Tex. Occ. Code § 2301.605 (Reasonable number of repair attempts: statutory presumption)
- Tex. Occ. Code § 2301.605(a) (Presumption cutoff: attempts must occur before the EARLIER of express-warranty expiration or 24 months / 24,000 miles from delivery)
- Tex. Occ. Code § 2301.606 (Texas DMV administrative complaint filing deadline: 6 months after warranty expiration or eligibility window)
- Tex. Occ. Code § 2301.606(c) (written notice to manufacturer and opportunity to cure)
This page summarizes the statute in plain language and is not legal advice. The linked official text controls.