Lemon laws are state laws that provide recourse for purchasers of automobiles that repeatedly fail to meet quality and performance standards. These cars are called lemons. The federal lemon law (also known as the Magnuson-Moss Warranty Act) protects citizens of each and every state. State lemon laws do vary by state and may or may not necessarily apply to used or leased vehicles. The rights given to consumers by Texas Lemon Law may supersede the warranties expressed in purchase contracts. Texas Lemon Law is the common nickname for this law, but each state has different names for their own laws and acts.

In Texas, lemon laws cover anything mechanical, as the federal lemon laws do as well. The federal lemon law also dictates that the warranter may be obligated to pay your lawyer fees if you win a lemon law suit, as does Texas Lemon Law.

Why is it called a "lemon" law?

In the 1800s, people began using the term 'lemon' to describe people who were sour (a.k.a. unfriendly). In American English the term was first recorded in 1909 in the slang sense of "worthless thing".  As time went on, 'lemon' came to refer to anything and everything that was defective or which breaks constantly, particularly an automobile.

Used Vehicle Purchases

If you bought a used Automobile there are 2 situations in which you may be qualified for cash or other Texas Lemon Law benefits:

Situation #1:

You may be entitled to compensation for manufacturer breach of warranty if you have 1 of these warranties:

▪Any warranty left from the manufacturer when you purchased your car

▪Your car was "Certified" by the Manufacturer

▪You bought an Extended Warranty backed by the Manufacturer

Usually, these types of cases fall outside the scope of the Texas Lemon Law, but are covered under federal lemon laws.

Situation #2:

When No Manufacturer's Warranty Exists

If you do not have, or were not provided, a manufacturer's warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the scope of Texas Lemon Law. The following is a list of some of the issues which may be present in your automobile.

▪Prior mechanical history- Known to the seller: Laundered Lemon.

▪Previously salvaged (wrecked).

▪Rolled back odometer.

▪Rental car, police car, taxi, etc.

▪Stripped and rebuilt.

▪Flooded.

Lemon Laws vary from state to state, so accurate information on the scope and restrictions of Texas Lemon Law should be obtained from an attorney practicing in Texas.

"As is" purchases

If you knowingly purchase a car in "as is" condition the buyer does not void their rights under applicable Texas Lemon Law.

Other lemon laws

Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair, and computer lemon laws.

The Texas Lemon Law offers protection for consumers who purchase or lease new vehicles. The Texas Lemon Law provides different options to the consumer.

The Texas Lemon Law requires the manufacturer or authorized dealers to repair inconformities with automobiles. Under the Texas Lemon Law, an inconformity is a condition or defect which substantially impairs the use, value or safety of a motor vehicle and is covered by an express warranty applicable to the automobile or a component of the vehicle; inconformity does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration by the end user.

The Texas Lemon Law provides that a condition or defect that substantially impairs the use, value or safety of a vehicle must be more than a minor inconvenience. However, under the Texas Lemon Law, the consumer's vehicle need not have been undriveable for the inconformity to substantially impair its use or value. An inconformity may substantially impair use, value or safety under the Texas Lemon Law even if the automobile is able to provide simple transportation to the consumer.

The Texas Lemon Law imposes a duty to replace or refund if certain conditions are met. Specifically, the Texas Lemon Law requires a manufacturer to give the consumer a comparable new motor vehicle or a refund if, within the term of the warranty or within one year after delivery, whichever is sooner, either:

(1) The same inconformity was made available for repair to the manufacturer or any of its authorized dealers by the consumer at least four times and the inconformity continued after the fourth time the vehicle was made available for repairs; or

(2) The vehicle was "out of service" for an aggregate of at least 30 calendar days because of any inconformities (under the Texas Lemon Law "out of service" is not limited to only those periods in which the vehicle is unavailable to the consumer; it includes those periods when the vehicle is not capable of rendering service as warranted due to a inconformity, even though the vehicle may be in the possession of the consumer and may still be driven in spite of the inconformity).

Under the Texas Lemon Law, the "same inconformity" means the identical or substantially similar condition(s) or defect(s). A inconformity is made "available for repairs" by the consumer under the Texas Lemon Law regardless of whether any repairs were actually attempted by the manufacturer or its authorized dealers. Also a inconformity is made available for repairs by the consumer under the Texas Lemon Law regardless of whether any inconformity was verified at the time by the manufacturer or authorized dealer.

If the repairs are not made and the consumer thereafter continues to give the manufacturer or its authorized dealers an opportunity to repair the inconformity(ies), the Texas Lemon Law provides that the 30-day clock starts running from the date of that initial failed repair opportunity. As long as there exists notice and opportunity to repair with respect to a inconformity, the 30-day clock runs under the Texas Lemon Law.

As an alternative claim under the Texas Lemon Law, if a new vehicle does not conform to an applicable express warranty, and the consumer reports the inconformity and makes the vehicle available for repair to the manufacturer or any of the manufacturers' authorized dealers, before the expiration of the warranty or within one year after delivery - whichever is sooner, the inconformity must be repaired. If the inconformity is not repaired, the consumer is entitled to recover his or her pecuniary loss, pursuant to the Texas Lemon Law.

If the manufacturer fails to replace, refund, or repair, in a timely manner, the Texas Lemon Law has been violated and the consumer may file a lawsuit. A consumer who prevails under the Texas Lemon Law is entitled to double damages, as well as lawyer fees and litigation costs.

First I would consult a Texas Lemon Law Attorney, as they would be most experienced in resolving these types of cases.