The Texas "Lemon Law" is found at V.A.T.S. Art. 4413(36), Sec.6.07 et seq., as amended effective September 1, 1999.
When a motor vehicle is determined to be a "lemon", the seller of that vehicle must either replace the motor vehicle with a comparable motor vehicle, or accept return of the vehicle and refund the full purchase price less a reasonable allowance for the vehicle's use. [6.07.(c)]
A vehicle is a "Lemon" if the vehicle has a defect that impairs the material value of the motor vehicle, or poses a serious safety hazard, and the seller or manufacturer is unable to permanently repair the defect.
"Impairment of material value" is four unsuccessful attempts to permanently repair a defect that impairs the material value of the vehicle; i.e. windshield leaks on the driver when it rains. The first two attempts to repair must be made within the first 12 months or 12,000 mi.; whichever is earlier. The second two attempts must made within 12 months or 12,000 mi. from date of 2nd attempt = "Lemon";
OR
The vehicle has spent at least 30 days in the shop for repairs of the defect, with at least two unsuccessful attempts at permanent repair of the defect(s) being made within the earlier of the first 12 months or 12,000 mi. = "Lemon";
OR
"Serious safety hazard" is two unsuccessful attempts to repair a vehicle defect that poses a serious safety hazard; i.e. random loss of braking power. The first attempt must be made within the earlier of the first 12 months or 12,000 mi., and the second unsuccessful attempt made within 12 months or 12,000 mi. from the date of the first attempt = "Lemon".
The complaint that the vehicle is a "lemon" must be in writing to the vehicle manufacturer, distributor or converter (suggest both manufacturer and seller/distributor), and the Texas Commissioner of Motor Vehicles ("CMV"). The CMV can be reached at 1-800-622-8682. The Lemon Law Handbook can also be printed from the Dept. of Transportation's website, http://www.dot.state.tx.us. Click on "Consumer Protection", and then "Texas Lemon Law".
The Executive Director will conduct a hearing and make a determination whether the vehicle qualifies as a "Lemon". However, if no ruling is made within 150 days of the date of the complaint, then the complainant may bring suit under the DTPA unless they have caused the delay. The complaint must be filed with the CMV not later than 6 mo. after the express warranty runs on the vehicle, or before 24 mo. from date of sale or 24,000 mi.; whichever is earlier. Note that a filing fee of $75.00 has to be filed with the complaint with the Dept. of Motor Vehicles when the complaint is made.
Motor Vehicle Comm'n Rule for "reasonable allowance" is the vehicle price divided by 100,000 mi. times the number of miles driven before the first report of the "material impairment" or "safety hazard" defect, and 50% of the vehicle price divided by 100,000 mi. times the mileage from the first report of the defect to the date of the Motor Vehicle Commissioner's hearing. See Chrysler Motors v. Texas Motor Vehicle Comm'n. , 846 S.W.2d 139 (Tex.App.--Austin 1993, no writ).
04/04/2000 Copyright (c) 2000
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