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Texas Lemon Law: Do You Qualify?

Under the Tex. Occ. Code §§ 2301.601-2301.613 (Texas Lemon Law).

The Texas Lemon Law (Tex. Occ. Code ch. 2301, subchapter M) is administered by the Texas Department of Motor Vehicles (TxDMV). A refund or replacement under it "is not available to the owner of the vehicle unless the owner has exhausted the administrative remedies provided by this subchapter" (§ 2301.607(a)), and a proceeding "must be commenced not later than six months after the earliest of" the warranty's expiration and 24 months or 24,000 miles from original delivery (§ 2301.606(d)). The Act presumes a reasonable number of attempts after four repairs of the same defect, two for a serious safety hazard, or 30 days out of service, within that period, so if your vehicle keeps going back for the same problem you may qualify. The free checker below applies Texas's rules to your answers.

Texas lemon law at a glance

Coverage window
Attempts and days made "before the earlier of: (A) the date the express warranty expires; or (B) 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner" (§ 2301.605(a)). A period, days or miles are extended for any period that repair services are not available because of a war, invasion, strike, fire, flood, or other natural disaster (§ 2301.605(b)).
Repair attempts
The same nonconformity continues to exist after being subject to repair four or more times, or two or more times if it creates a serious safety hazard, by the manufacturer, converter, or distributor or an authorized agent or franchised dealer (§ 2301.605(a)(1)-(2)). A serious safety hazard is a life-threatening malfunction that substantially impedes control or operation, or creates a substantial risk of fire or explosion (§ 2301.601(4)).
Days out of service
A nonconformity still exists that substantially impairs the vehicle's use or market value and the vehicle is out of service for repair for a cumulative total of 30 or more days (§ 2301.605(a)(3)). Days when the manufacturer lent you a comparable vehicle while a franchised dealer repaired yours are not counted (§ 2301.605(c)). The statute says "days"; this tool counts calendar days, which is its own reading.
Written notice
An order may not require a refund or replacement unless the owner, a person on the owner's behalf, or the department has given the manufacturer, converter, or distributor written notice of the defect and it has had an opportunity to cure (§ 2301.606(c)). The statute sets no time limit for the notice. TxDMV says written notice is preferably by certified mail.
Who is covered
An "owner": a person entitled to enforce the manufacturer's warranty who bought at retail from a license holder, leased from one (a lessee, not a sublessee), is a Texas resident who registered the vehicle in Texas, is an active duty member of the armed forces stationed in Texas who bought or leased at retail, or is such a person's transferee who is a resident and registered the vehicle (§ 2301.601(2)). The Act has no personal-use, weight or fleet condition.
Covered vehicles
A "motor vehicle" is a fully self-propelled vehicle with two or more wheels whose primary purpose is carrying people or property on a public highway, certain titled off-highway vehicles, certain engines, transmissions and rear axles, and a towable recreational vehicle (§ 2301.002(23)). TxDMV lists cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles and neighborhood electric vehicles, and says the law does not cover "repossessed vehicles, non-travel trailers, boats, or farm equipment".
Used vehicles
The duty to repair is for "a new motor vehicle" (§ 2301.603(a)). TxDMV says "only new vehicles can qualify for a refund or replacement" and that warranty performance law may cover a used vehicle still under the manufacturer's original warranty (not an extended service contract), for repair relief. The refund clause itself says "a motor vehicle" (§ 2301.604(a)) and counts a transferee as an owner (§ 2301.601(2)(E)); ask an attorney about a later owner. Any owner may also make a warranty performance complaint: in writing to the dealer, manufacturer, converter or distributor about a defect the warranty covers, with a copy to the board, for repair relief and no filing fee (§ 2301.204; 43 Tex. Admin. Code § 224.232(f)).
What you get back
A comparable replacement, or the full purchase price less a reasonable allowance for use, plus reasonable incidental costs of the loss of use, paid to you and any lienholder in proportion to their interests (§ 2301.604). The rule: the price excludes interest, finance charges and insurance premiums; the filing fee is reimbursed; the allowance presumes a 120,000-mile life, with the miles after the first report counted at 50% (43 Tex. Admin. Code § 224.260(b)).
Defenses and anti-waiver
The manufacturer may plead and prove that a nonconformity is the result of abuse, neglect, or unauthorized modification or alteration, or does not substantially impair the use or market value (§ 2301.606(b)). A contract term that excludes or modifies a remedy of the subchapter is void as against public policy unless made in a settlement (§ 2301.607(g)).
State program (exhaustion)
A refund or replacement requires exhausting the TxDMV complaint first (§ 2301.607(a)). If no final order issues before the 151st day after the complaint is filed, the department gives notice of your right to file a civil action; it extends the 150 days if a delay is requested or caused by you (§ 2301.607(c)-(d)). A proceeding commences when the department receives the filing fee (43 Tex. Admin. Code § 224.232(e)(2)). Other remedies are not limited (§ 2301.607(f)).

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Texas lemon law: frequently asked questions

What is the deadline to file a Texas lemon law complaint?
A proceeding "must be commenced not later than six months after the earliest of: (1) the expiration date of the express warranty term; or (2) the dates on which 24 months or 24,000 miles have passed since the date of original delivery of the motor vehicle to an owner" (§ 2301.606(d)). It commences when the department receives the filing fee (43 Tex. Admin. Code § 224.232(e)(2)). A warranty action in court has its own four-year period (Bus. & Com. Code § 2.725) and a DTPA claim two years (§ 17.565).
How many repair attempts does the Texas lemon law require?
The Act presumes a reasonable number of attempts where the same nonconformity continues to exist after four or more repairs, or after two or more if it creates a serious safety hazard, by the manufacturer or an authorized agent or franchised dealer, all made before the earlier of the warranty's expiration or 24 months / 24,000 miles from original delivery (§ 2301.605(a)). The presumption is rebuttable, and each presumption requires that the nonconformity "continues to exist" or "still exists", so a problem that has been fixed does not raise it. Without a presumption, a refund or replacement still requires "a reasonable number of attempts" (§ 2301.604(a)).
Does the Texas lemon law cover motorcycles, motor homes and trailers?
TxDMV lists motorcycles, all-terrain vehicles, motor homes and towable recreational vehicles among the covered vehicles and says non-travel trailers are not covered. A towable recreational vehicle is a nonmotorized vehicle built on a single chassis for temporary human habitation, with at least one life support system (§ 2301.002(32)); TxDMV says the mileage requirements generally do not apply to it. The manufacturer may prove as a defense that a nonconformity is the result of abuse, neglect, or unauthorized modification or alteration (§ 2301.606(b)(1)).
What can I recover under the Texas lemon law?
A comparable replacement, or the full purchase price less a reasonable allowance for use, plus reasonable incidental costs of the loss of use (§ 2301.604(a)). The refund price excludes "the amount of any interest, finance charge, or insurance premiums" and includes reimbursement of the filing fee (43 Tex. Admin. Code § 224.260(b)(1)); incidental costs include alternate transportation, towing, and lodging and meals on out-of-town trips (§ 224.262(a)). A separate DTPA suit can add up to three times economic damages for knowing conduct and attorneys' fees for a consumer who prevails (§ 17.50(b), (d)).
Do I have to go through the TxDMV before suing?
For the Lemon Law's own refund or replacement, yes: it "is not available to the owner of the vehicle unless the owner has exhausted the administrative remedies" (§ 2301.607(a)). If no final order issues before the 151st day after you file, the department gives you written notice of your right to file a civil action (§ 2301.607(c)-(d)). A refund or replacement is not available in an action against a seller under Chapter 2 or 17 of the Business & Commerce Code, but is available in a Chapter 17 action against a manufacturer after exhaustion (§ 2301.607(b)). Other claims are not limited by the Lemon Law (§ 2301.607(f)).

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