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Texas Lemon Law

Lemon Law Attorney in Texas

At Rockpoint Law, lemon law is all we do. Texas handles these claims differently from most states — through a state agency rather than a courtroom — and the filing deadline is strict. We help Texas drivers document the claim correctly and meet the deadline that ends most cases before they start.

Start with a free case evaluation. In Texas the dates decide whether you have a claim at all, so the sooner we look, the better.

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The Law

What Is Texas's Lemon Law?

Texas Occupations Code Chapter 2301 gives the Texas Department of Motor Vehicles authority over lemon law complaints. You do not sue the manufacturer. You file a complaint with the agency, a hearings examiner takes evidence, and the examiner can order the manufacturer to repurchase, replace, or repair the vehicle.

That structure is faster than litigation and costs less to start. It also means the record you bring to the hearing is close to the whole case — there is no long discovery process where missing documents surface later. What you can prove on the day is what you have.

It also means the deadline is administrative and unforgiving. Texas does not treat it as a technicality.

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Send us your repair orders and we'll tell you honestly whether you have a claim.

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Eligibility

Do You Qualify for a Lemon Law Claim in Texas?

The Four-Times Test

The same defect has been through four repair attempts — two within the first 24 months or 24,000 miles, and two more within 12 months or 12,000 miles after the second attempt.

The Serious Safety Hazard Test

For a defect that creates a substantial risk of fire or explosion, or that seriously impairs your control of the vehicle, two attempts are enough. This route halves the repairs you need, and owners routinely fail to invoke it.

The 30-Day Test

The vehicle has been out of service for repair for a total of 30 days with no comparable loaner provided, and two repair attempts occurred within the first 24 months or 24,000 miles.

At a Glance

Texas Lemon Law Eligibility Overview

RequirementWhat It MeansExample
The Six-Month DeadlineFile within six months after the EARLIEST of: warranty expiration, 24 months, or 24,000 miles. The earliest of the three starts the clock.Hit 24,000 miles at month 14, warranty runs 36 months — deadline is month 20
Four-Times TestThe same defect went through four repair attempts under the statute's timing rules.Transmission repaired four times, still slipping
Safety-Hazard TestA fire risk or loss-of-control defect needs only two repair attempts.Brakes repaired twice, still failing
Written NoticeYou must give the manufacturer written notice and a chance to repair before filing.Certified notice before the TxDMV complaint
Common Defects

Common Problems That May Qualify as a Lemon

Any defect that substantially impairs use, value, or safety can qualify. In Texas claims we see these most often, and the state's heat is unusually hard on cooling and A/C systems while its work-truck market makes diesel emissions faults common.

Transmission hesitation & slippingEngine stalling & cooling failureAir conditioning failureElectrical & infotainment faultsADAS & phantom brakingDiesel DEF/DPF & limp mode
How It Works

The Lemon Law Process in Texas

01

Check the Dates First

In Texas the deadline decides everything. We work out the earliest of warranty expiration, 24 months, or 24,000 miles, and how much of the six-month filing window is left. If the state window has closed, we look at whether the federal Magnuson-Moss route still works.

02

Free Case Review

We review your repair orders and confirm which qualifying test fits — four-times, safety hazard, or 30 days — and whether the safety-hazard route applies, because it cuts the repairs you need in half.

03

Written Notice to the Manufacturer

All three routes require written notice to the manufacturer and a reasonable opportunity to repair before the complaint is filed.

04

File With the TxDMV

We file the complaint with the Texas Department of Motor Vehicles. A hearings examiner is assigned, and preparation beats volume — a clean, well-documented complaint gets a different result from a thin one.

05

The Hearing

The examiner takes evidence and can order repurchase, replacement, or repair. You can argue for the remedy you want, though in Texas the examiner determines it.

Outcomes

What Compensation Can You Receive?

Texas differs from most states here: the hearings examiner determines the remedy. You can state a preference and argue for it, but the choice is not automatically yours.

  • Repurchase — the manufacturer buys the vehicle back at purchase price plus the filing fee and certain collateral charges, less a usage deduction for miles driven before the first report of the defect
  • Replacement — a comparable vehicle, subject to the same usage calculation
  • Repair — the examiner can order the manufacturer to fix the vehicle properly, which is a real outcome and sometimes the right one
  • Attorney's fees may be recoverable, particularly on a parallel warranty claim under federal law
Why Rockpoint Law

Why Texas Drivers Choose Rockpoint Law

Our Dallas office handles Texas lemon law matters. TxDMV proceedings reward preparation over volume — a well-documented complaint with clean repair orders and a correctly framed safety-hazard argument gets a different result from a thin one.

We look at your repair orders and your dates first, because in Texas the dates decide whether there is a case at all. If the window has closed on the state claim, we will tell you whether Magnuson-Moss still works.

Avoid These

Mistakes to Avoid When Dealing With a Lemon Vehicle

  • Missing the six-month deadline by counting from warranty expiration instead of the earliest of the three triggers.
  • Not sending written notice to the manufacturer before filing.
  • Describing a safety defect in vague terms and losing access to the two-attempt route.
  • Leaving without the repair order, or not checking that it records the complaint you actually made.
  • Letting an independent shop do warranty repairs, which do not count as manufacturer repair attempts.
  • Assuming the dealer's goodwill offer is the ceiling. It usually is not, and accepting it may close the claim.
FAQ

Frequently Asked Questions

How long do I have to file a Texas Lemon Law complaint?
Six months after the earliest of: your express warranty expiring, 24 months from delivery, or 24,000 miles. The earliest of the three starts the clock, not the last.
How many repair attempts does Texas require?
Four for an ordinary defect, two for a serious safety hazard, or 30 cumulative days out of service without a comparable loaner. Timing rules apply to each.
Do I sue the manufacturer in Texas?
Not under the state Lemon Law. You file a complaint with the Texas Department of Motor Vehicles and a hearings examiner decides it. A separate warranty lawsuit under federal law is a different route.
Does the Texas Lemon Law cover used vehicles?
Only while the manufacturer's original written warranty is still in force and the qualifying repairs happened within it. Otherwise the federal Magnuson-Moss Warranty Act is usually the path.
Can I choose a refund instead of a replacement?
You can argue for it. In Texas the hearings examiner determines the remedy, which may be repurchase, replacement, or repair.
What is a serious safety hazard?
A defect creating substantial risk of fire or explosion, or seriously impairing your control of the vehicle. It matters because it reduces the required repair attempts from four to two.
Does a 'could not duplicate' visit count as a repair attempt?
Keep the repair order and count it. Intermittent defects are common, and the documented visit is what establishes the history.
What if my vehicle was bought out of state but registered in Texas?
Bring us the paperwork. Where the vehicle was purchased, where it is registered, and which warranty applies all affect which forum is available.

Don't face the manufacturer alone.

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Legal Disclaimer

The information provided on this page is for general informational purposes only and does not constitute legal advice. Reading this content or contacting Rockpoint Law does not create an attorney-client relationship. Lemon law cases vary depending on the facts of each situation and applicable Texas state law (Texas Occupations Code Chapter 2301). For advice regarding your specific legal matter, please contact Rockpoint Law directly to schedule a consultation with a qualified attorney.

Free & Confidential — No attorney’s fees unless we recover for you.