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Reference

Texas Lemon Law Glossary

The words that show up in a Texas Lemon Law claim, in plain English. Every term here is defined the way the Texas Occupations Code and the TxDMV use it, not the way a dealership uses it.

Agency decision
The written ruling a TxDMV hearings examiner issues after a Lemon Law hearing. It decides whether the vehicle qualifies and what the manufacturer must do. Either side may request a rehearing; an appeal goes to a state district court in Travis County.

Rights period
The window in which the defect must first appear for the Texas Lemon Law presumptions to apply: 24 months or 24,000 miles from delivery, whichever comes first. The TxDMV complaint is due within six months of the earliest of three dates: the express warranty expiring, 24 months, or 24,000 miles from delivery.

Four-times test
The presumption that a vehicle is a lemon when the same defect has been repaired four or more times without a fix, with all four visits inside the first 24 months or 24,000 miles.

Serious safety test
A shorter route for defects that threaten life or limb. Two repair attempts on a defect that impedes control of the vehicle, or risks fire or explosion, can be enough.

30-day test
The presumption based on time rather than visits: the vehicle has been out of service for repair for a cumulative total of 30 or more days within 24 months or 24,000 miles. Days on a comparable loaner do not count.

Mileage-use allowance
The deduction a manufacturer takes from a repurchase to reflect the miles driven before the first repair attempt. Texas calculates it on a 120,000-mile scale, so it is arithmetic rather than opinion.

Repurchase
The manufacturer buys the vehicle back for the purchase price less the mileage-use allowance, typically including taxes, title and registration.

Replacement
The manufacturer supplies a comparable new vehicle instead of refunding the purchase price.

Magnuson-Moss Warranty Act
The federal warranty statute that runs parallel to the state Lemon Law. It is brought in court rather than at the TxDMV, and it lets a prevailing consumer recover attorney fees from the manufacturer.

DTPA
The Texas Deceptive Trade Practices Act. A separate route that can apply where a seller or manufacturer misrepresented the vehicle or the repairs. Filed in court, not at the agency.

Derate
When a diesel truck's engine control system deliberately cuts power, often triggered by an emissions or DEF fault. It is a defect pattern the Lemon Law can reach, not a normal operating mode.

TxDMV
The Texas Department of Motor Vehicles. It administers the Texas Lemon Law from its Austin headquarters, handles the complaint, the mediation and the hearing.

Reasonable number of attempts
The statutory shorthand for whether a manufacturer has had a fair chance to fix the defect. The four-times, serious safety and 30-day tests are the ways Texas law presumes that point has been reached.

Final repair attempt
The written notice giving the manufacturer one last opportunity to repair before the presumption applies. Sending it correctly, and keeping proof, matters to the case.

Out of service
Days the vehicle sits unavailable to you because of the defect, counted for the 30-day test. It is measured across the rights period, not in one continuous block.

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