Under the Texas Lemon Act, a consumer must file with the Texas Department of Transportation (DOT) within 24 months of the date of purchase of the automobile or within 24,000 miles, whichever comes first. Please note that there is a grace period of 6 months after the deadline, but this is very difficult to estimate. Limitation periods provide time limits for initiating legal action. After the expiry of the limitation period, a claim can no longer be lodged or would be rejected on legal grounds. U.S. law provides for statutes of limitations for civil and criminal actions, although particularly serious criminal actions are not time-barred. The length of laws can also vary from state to state for their lemon laws, which can also differ from federal laws. Qualified and experienced lemon law lawyers know how these laws work and how best to work within their limits to ensure that your lemon legal claim not only sees the light of day, but also finds its way through the legal system. There are certain restrictions that may or may not make your vehicle an exception to the general coverage of said law. Prior to the creation of the law, the Uniform Commercial Code (UCC) sought to harmonize sales and commercial transaction laws across America. States may incorporate the Code in whole or in part into their laws, even if the Code itself is not a law. All U.S. states, with the exception of Louisiana, adopted UCC rules, which instead chose to maintain their own civil law traditions.
There are restrictions when it comes to determining a vehicle`s eligibility for coverage under the Lemon Act. That is, there are specific tests to determine if the vehicle falls into the “lemon” category. Used cars are almost always purchased not only after the original manufacturer`s warranty expires, but also after the expiration of the statute of limitations in the state. For example, Texas consumers must file a complaint about the state`s lemon law no later than 42 months after the warranty goes into effect. However, if the consumer drives the vehicle 20,000 in the first year after delivery of the vehicle, the consumer should file the Texas State Lemons Act complaint before the car travels another 4,000 miles, even if it does so before the end of the aforementioned 42 months. It is important to note that a Texas consumer should seek the help of a lemons lawyer to determine how much time remains to be spent on the Texas Lemon Act and whether they should always attempt to make a claim based on their particular situation. The most important information consumers need to know about Texas lemon law is the deadline to file a claim on time. Unfortunately, the law does not require dealers or car manufacturers to disclose this information affirmatively. As a result, new car buyers often don`t qualify for the Texas Lemon Act because they rely on the dealership`s promise that the car is repaired and have waited too long to assert their rights. “If a consumer hopes to force the manufacturer to buy back or replace their used car, Texas Lemon Law will not help the consumer achieve their goal,” said Andrew Ross, a lemon lawyer at Allen Stewart P.C.
You can learn more about the definition of the Texas Lemon Act and the Texas Lemon Act process from a Texas Lemon Law attorney and get a free Texas Lemon Law case review, or by reading the how-to guide below on your Texas Lemon Law rights, compiled by the Attorney General of Texas and CarLemon.com here by THE Texas Automobile Lemon Law One Stop Infosource, is featured. When it comes to owning a vehicle in the state of Texas, the Texas Lemon Law specifically covers a vehicle that meets certain criteria set out in the parameters of the law. It is important to keep in mind that the law includes these criteria as well as restrictions to give the legal system a clear provision for problematic vehicles. Used cars almost never have options under lemon laws, but only a lawyer qualified in lemon law will know for sure. If you think you have a claim under your state`s Lemon Act or the Magnuson-Moss Warranty Act, contact the Allen Stewart P.C. office today. A lemon lawyer will explain all your options, including buyout, replacement or out-of-court settlement. Your attorney will work with you throughout the claims process, keeping you updated on the latest developments in your claim and requesting additional information or documentation as needed.
The law empowers consumers and gives them the tools they need to sue companies if they fail to respect their safeguards. Consumers can file claims in court, such as lemon rights claims, and take their attorney fees from the company if they win. Again, the 24 months or 24,000 miles come into play. If, during that period, the vehicle has a defect which results in a significant risk of fire, explosion or malfunction in such a way that it significantly impairs the driver`s ability to control the vehicle significantly, thereby endangering the lives of the driver and his occupants, the vehicle shall be considered a lemon after that test. In summary, Texas Lemon Law can be an advantageous legal remedy if your vehicle poses a safety risk every time you start and drive. First, however, the owner of the vehicle must verify the suitability of the vehicle for coverage under the Lemon Act. Once it is determined whether the vehicle was purchased new or used, whether the defect is covered by the original dealer`s warranty, and whether it meets the criteria established by law (the defect became apparent within the first 24 months or 24,000 miles after purchase and passes the above tests), the right steps can be taken to remedy the situation under the Texas Lemon Act. In many cases, lemon law enforcement is preferable to another legal process, as it can be a quick and expensive process. Each year, auto consumers in the U.S. accidentally buy about 150,000 “lemon vehicles,” according to the National Highway Traffic Safety Administration. These defective vehicles leave the factory with repeated and unrecoverable problems.
These problems can result from poor design, manufacturing defects, poor quality materials, or a combination of these. Whatever the cause, these problems can cost consumers thousands of dollars in unexpected towing costs, alternative transportation costs, lost wages, and a host of unexpected headaches. A statute of limitations is a legal period for how long a claim can be made under a particular law. Most laws have statutes of limitations, especially those that are very sensitive to the time factor. In Texas, the statute of limitations for Texas Lemon Law is six months. You can file a successful lemon lawsuit if it is filed within six months: In 1991, the Legislature amended the Lemon Act to help more consumers. The deadline for filing a complaint and the definition of a “lemon” have been extended and consumers can now be reimbursed for certain incidental costs. Now, a notice of disclosure is also required, which accompanies any vehicle that is purchased or replaced under the lemon law. Allen Stewart P.C.`s lemon lawyers have been making claims for many years and have achieved many positive results for their clients. You`re not afraid to put pressure on car manufacturers and give yourself the justice you deserve. The longer you wait to make a claim, the more difficult the process becomes.
Stop wasting time; Contact Allen Stewart P.C. today. A motor vehicle may be declared lemon if it meets all of the following conditions: It is recommended that if you suspect you have a lemon car, you contact a Texas lemon advocate as soon as possible — or at least immediately file a claim with the DOT. To qualify for cars under the Texas Lemon Act, you generally need to have a vehicle that has undergone multiple repair attempts under the manufacturer`s factory warranty. Texas Auto Lemon Law compensation may include a refund, replacement, or money. And even if your vehicle is too old or has too many miles to qualify under any of these lemons laws, the Truth In Lending Act and/or other related car buying laws can provide a way to receive cash damages that can help you trade in or pay for repairs. If you`re thinking about driving a lemon, take immediate steps to make sure you`re covered. Contact an Austin Lemon Law attorney for assistance. The Texas Lemon Act does not apply specifically to used vehicles. It applies to vehicles purchased or leased from state dealers that are still within the warranty protection period specified in the warranty provided by the vehicle manufacturer. Texas Lemon Law 107.1 target. The purpose of these sections is to implement the intent of the legislature as set forth in the Texas Motor Vehicle Commission Code, 3.06 and 6.07(e), by imposing rules to provide a streamlined and fair process for the enforcement and implementation of the Texas Lemon Act and consumer complaints covered by general warranty agreements, including the handling of complaints.
Conduct hearings and deal with complaints filed by owners of new motor vehicles to provide legal protection under these provisions of the Code.
