Texas Lemon Law - Understand It And Use It To Your Favor By Kevin Bishop At Isnare.com Ezine Articles

Lemon law, bears no connection with that fruit whatsoever, but deals with the right of the American vehicle owners who have purchased a defective vehicle without being aware of it. Adjudged from this point, Texas Lemon law is an automobile law that supports the consumers who buy or lease new vehicles with severe concealed defects, to get their vehicles repaired, repurchased or replaced. Texas Lemon law was put into effect in 1983 by the Texas Legislature and is administered by the Texas Department of Transportation's motor vehicle division and motor vehicle board.

Under what circumstances can you file the Texas Lemon lawsuit?

The Texas Lemon law is not applicable for those vehicle-related problems, which are caused by the owner's neglect, abuse or any unauthorized changes done to it. There are certain pre-requisites for your vehicle to be considered as "lemon" (worthless) and then only are you eligible to file a Texas Lemon lawsuit.

Firstly, it has to be a new vehicle purchased or leased from a licensed dealer in Texas. Secondly, the vehicle has to have severe defect affecting its performance, value or safety, which is covered by the manufacturer's warranty. Thirdly, the defect must be reported to the manufacturer in writing and he must be allowed to give a reasonable number of attempts (usually four) to rectify it. Finally, the vehicle has to meet the mileage requirement (not applicable for TRVs). After this the owner can file a Lemon law complaint by paying the proper filing fees.

How many chances the dealer stands?

Before filing the Texas Lemon lawsuit, the owner of the defective car must give the manufacturer reasonable chances to fix the problem. To determine this "reasonable" period, you need to pass the Four-times test or the serious safety hazard test or the 30 days test.

- If you take your car twice for repair during the first 12 months or 12,000 miles (whichever comes first) followed by two more in the next 12 months or 12,000 miles and still it is not repaired, you pass the four-times test.

- If you take your car for fixing a serious safety hazard once during the first 12 months or 12,000 miles (whichever comes first) followed by another in the following 12 months or 12,000 miles, then you pass the serious safety hazard test.

- If your car is out for servicing for a total number of 30 days during first 24 months or 24,000 miles and there were two prior repair attempts during the first 12 months or 12,000 miles just after delivery and a sincere defect still exists, then you are eligible to pass the 30-days test.

What does the Texas Lemon law cover?

The Lemon law is applicable to cars, trucks, SUVs, vans, motorcycle, motor homes, all- terrain vehicles and Towable recreational vehicles (TRVs). Moreover, the TRVs must be registered and titled in Texas, built on a single Chassis and must contain one or more life support systems.

Remember, that you must know your rights and have all the records of the repair before you file the Lemon law suit.

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