TEXAS Lemon Law:
Tex. Occ. Code Ann. §§ 2301.601 to 2301.613 (Vernon)
Vehicles covered: A fully self-propelled vehicle having two or
more wheels whose primary purpose is transporting persons or
property on public highways; also includes some other vehicles
having certificates of title, towable recreational vehicles, and certain
heavy vehicle components, see Tex. Occ. Code Ann.
§ 2301.002 (Vernon).
Persons covered: Retail purchasers who are entitled to enforce
warranty; lessors, lessees, and transferees and assignees who are
state residents and are entitled to enforce warranty (§ 2301.601).
Period covered: Whichever comes first: twenty-four months or
24,000 miles (§ 2301.605).
Disclosure requirements: Manufacturer must provide notice of
complaint procedures and rights (§ 2301.613).
Required consumer notice: Buyer must mail written notice of
defect to manufacturer, converter, or distributor before board may
issue order for refund or replacement (§ 2301.606). To extend duty
to repair beyond warranty period, consumer must report the nonconformity
to the manufacturer, converter, distributor, agent, or
dealer (§ 2301.603).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity continues to
exist after four or more repair attempts, two of which were made
within the first twelve months or 12,000 miles, and the other two
within twelve months or 12,000 miles after the second repair
attempt. If the defect creates a serious safety hazard, the presumption
applies if the defect continues to exist after two or more
repairs, one of which occurred within the first twelve months or
12,000 miles, and the second within twelve months or 12,000
miles after the first attempt. Presumption also applies if defect still
exists and vehicle is out of service for thirty or more days during
first twenty-four months or 24,000 miles and at least two repair
attempts were made in the first twelve months or 12,000 miles
(§ 2301.605). Board may not issue order for refund or replacement
unless manufacturer, converter, or distributor has been given an
opportunity to cure the alleged nonconformity (§ 2301.606).
Affırmative defenses: The nonconformity does not substantially
impair the use or market value of the vehicle, or is the result of the
consumer’s abuse, neglect, or unauthorized modifications or alteration
(§ 2301.606); statute of limitations (§ 2301.606).
Replace/refund: The manufacturer shall replace with a comparable
vehicle, or refund the full purchase price less a reasonable use
allowance (§ 2301.604).
Other reimbursement: Reasonable incidental costs (§ 2301.604).
Other remedies: There is no limit on other consumer remedies
(§§ 2301.603, 2301.607).
Informal dispute resolution: For remedies under this section, a
consumer must use an informal dispute settlement procedure established
by the commission (§ 2301.607). Judicial review is
available (§ 2301.609).
Resale of lemon: Full disclosure including toll-free telephone
number; new twelve-month, 12,000 mile warranty; restoration to
factory specifications (§ 2301.610).
