Transcript A Consumer's Brief Overview About the Texas Lemon Law

A Consumer's Quick
Overview of the Texas
Lemon Law
Presented by the Law Offices of Kevin Le, PLLC
1700 Commerce St., Suite 1340
Dallas, TX 75201
Toll Free: 1.888.333.3813
http://www.texaslemon.com
http://www.texaslemonlawblog.com
Table of Contents
Texas Lemon Law ………….….. p.3
Qualifications ……………….…... p.4
Deadline ………………………… p.5
Essential Documents ………. pp.5-6
Tips and Advice …………….. pp.7-8
Resources ……………………… p. 9
Disclaimer & Notices ………… p. 10
Texas Lemon Law
The Texas lemon law provides remedies to consumers who purchased
defective cars that fail to meet certain standards of quality and performances. It
covers new vehicles, regardless of whether it was purchased by cash, financed, or
leased. Contrary to popular belief, it does not cover used or pre-owned vehicles
(with some exceptions).
If your new car is determined to be a lemon, then you may be entitled to a
replacement or repurchase, minus a mileage use deduction.
Qualifications
The law covers new and demonstrator vehicles that develop
problems covered by a manufacturer’s written warranty.
In short, you have to meet one of the following rebuttable
presumptions to qualify:
1) 4 times unsuccessfully for the same defects, or
2) 2 times unsuccessfully for a serious safety issue, or
3) The vehicle has been at the service center for over 30 days
AND the dealership or manufacturer failed to provide you
with a comparable loaner vehicle.
Deadline: Texas Lemon
Law
• Most consumers are unaware of the deadline or (statute of
limitation) to file a claim under the Texas lemon law.
• A vehicle buyer should file a claim as soon as possible. The law
requires that the petitioner must submit a file within 24 months
from the date of purchase or within before the vehicle reaches
24,000 miles (whichever occurs first). There is a 6 month grace
period.
• The case must be filed with the Texas Department of
Transportation (DOT).
•FAILURE TO TIMELY FILE YOUR CLAIM MAY RESULT IN BEING
BAR FROM SUING SOMEONE.
Essential Documents
If you suspect that you may have a lemon car, you should collect the
following documents to help prove up your Texas Lemon Law case:
- all repair orders (even for oil changes and recalls),
- all purchase documents (odometer disclosure, retail installment
contract, buyer’s order, and etc.,
- all written letters or correspondences between you and all other
parties (witnesses, car manufacturer representative, dealer agents),
- all documents pertaining to the vehicle's reliability (internet
forums, technical service bulletins (TSB), recalls bulletins, & etc.),
- all other notes and documents relating to the vehicle.
Essential Documents
(cont.)
- all photographs of the defect or broken component,
- an outline listing the type of repair, the dates of the repair, the mileage
in and out of the repairs, and the total number of days the vehicle has
been subject to repairs,
- a copy of the vehicle’s owner manual and warranty booklet, and
Tips and Suggestions
Obtain as much written documents
as possible.
Keep track of your mileage and
odometer reading each time the
vehicle is brought in for repairs.
Do not fill a dealer customer survey
in a positive light if the service
center has not been able to repair
your vehicle.
Make sure you get every
communication memorialized in
writing. Obtain the name and
address of all car manufacturer or
dealer representatives that you
speak with. Follow-up your
discussion with a letter.
Do not trade-in your car.
If the vehicle is currently financed,
continue to make timely payments
each month .
Contact a Texas lemon law attorney
as soon as possible to learn about
your rights.
Internet Resources
www.texaslemon.com
www.texaslemonlawblog.com
www.lemonlaw4cars.com
Texas DOT Website
Disclaimer & Notices
The information provided by this presentation regarding the Texas
lemon law is provided by the Law Offices of Kevin Le, PLLC. The goal of this
presentation is to inform the general public of the services we provide. THIS IS
AN ADVERTISEMENT.
This presentation is to be used for informational purposes only and
SHOULD NOT BE CONSIDERED legal advice. By opening and reading this
information, you agree to not hold the Law Offices of Kevin Le, PLLC or its agent
liable for any reason whatsoever.
Please contact an attorney to obtain specific details about your situation
in the event that you suspect that you have a lemon car.