The state of Texas, in association with federal law, requires that
owners of defective motor vehicles be compensated. Only certain motor
vehicles are eligible as well as other products and include
motorcycles, boats, RVs, trucks, appliances, and computers. To qualify
as a lemon, a motor vehicle or appliance must have undergone several
repairs while still under the warranty of the factory. These repairs
must have been attempts for the same defect without success. Texas law
states that lemons are to be compensated through replacement, refund,
or compensation of cash.
Requirements
In order to have a lemon issued, an individual must send a letter of
notification to the manufacturer to request a hearing. In some cases a
hearing is necessary. In some cases it is not. Since the 1991 altering
to the law, the amount of time consumers have to file for a lemon has
been extended. Law also requires each replacement or repurchase be
followed by a disclosure notice.
In 1997 a new section was added to Texas' lemon laws in regards to
towable recreation vehicles. In order to be eligible for lemon laws,
the law states that towable recreation vehicles need to be single
chassis built, be registered and titled in the state of Texas, be able
to be towed by another motor vehicle, and have at least one life
support system.
Used motor vehicles may also be eligible for lemon compensation. These
kinds of motor vehicles are only eligible for part replacement but only
if those motor vehicles are under their original factory warranties.
Coverage
Texas lemon laws apply to new motor vehicles, including vans, cars,
trucks, all-terrain vehicles motor homes, motorcycles, and towable
vehicles. These must still be covered under the factory's written
warranty. Texas also considers demonstrator vehicles to be new motor
vehicles.
The law does not cover motor vehicles that have been abused by their
owners - including unauthorized changes and neglect - motor vehicles
that have components or parts that were not installed or authorized by
the manufacturer, or vehicles that have defects that are not
substantially affecting their use or marketing value. Lemon laws
normally include defects that will inhibit the safety of the driver,
passengers, or others. Radio problems or rattles are not considered
serious enough to be considered lemons.
Lemons are further broken down to ensure that only true lemons are
petitioned for replacement. In Texas motor vehicles must meet all the
necessary conditions. A motor vehicle needs to be under the
manufacturer's warranty; the motor vehicle must have a severe
abnormality or defect; the defect must be reported to the manufacturer
or dealer while still under warranty; the motor vehicle must have
undergone a reasonable number of repair attempts and must have proof;
the manufacturer must have been notified of the condition and given one
opportunity for repair; the defect must impair the motor vehicle's
proper use, safety, or market value; and all filing fees must be paid
and filed in a timely manner along with a Lemon Law complaint.
A reasonable number of attempts often includes three or four attempts.