If you purchase or lease a new car, truck, motorcycle, motor home or ATV in the state of Texas and it develops a defect that impairs the vehicles intended use, safety or value then, as the purchaser you can apply for relief under the Texas lemon law. To do this you first have to file a complaint along with a filing fee to the Texas Department of Motor Vehicles. If the complaint cannot be resolved through mediation you can hire a Texas lemon law attorney and file an appeal in state court.
Before hiring an attorney there are a number of things that you are required to give the vehicle manufacturer an opportunity to repair the defects. The number of chances that you must give the manufacturer depends on the defect and its affect on the vehicles operation.
How many attempts to repair the defect must you give the manufacturer?
There are three tests that must be passed:
* The four times test: You must have given the manufacturer two chances to repair the same problem within the first 12 months or 12,000 miles and two more chances during the second 12 months or 12,000 miles. If the defect has not be rectified the vehicle is a lemon.
* Serious hazard test: A serious hazard is one that is life threatening, one that impedes the normal operation or control of the vehicle or one where there is a risk or fire or an explosion. In this case the vehicle will be declared a lemon if it has been taken to the dealer twice; once in the first 12 months and again in the second 12 months.
* 30 day test: If you vehicle has been out of service for a total of 30 days during the first 24 months or 24,000 miles and the vehicle still is defective, the vehicle passes the test.
If you experience any difficulties in negotiating a replacement vehicle or a refund of the purchase price you will need to file a complaint, this is best done through a Texas lemon law attorney. Contact us for negotation or refund.
